CITY OF HERNANDO REGULAR MEETING

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					 CITY OF HERNANDO                REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
        The Mayor and Board of Aldermen of the City of Hernando met in regular session
at City Hall on Tuesday, April 4, 2006 at 6:00 P.M. with Mayor Willis “Chip” Johnson
presiding. Aldermen present were: Sam Lauderdale, E. R. “Sonny” Bryant, Andrew
Miller, Gary Higdon, and James P. “Jamie” Tipton
        Also present for the meeting were: Jannett Riley – City Clerk, Kenny Stockton –
City Attorney, Hubert Jones – Fire Chief/EMS Director, Mike Riley – Police Chief, Mike
McDaniel, Mark Pressgrove, Wayne Risher, and Robert Long.

                                   INVOCATION

       Alderman Andrew Miller gave the invocation.


                             APPROVAL OF AGENDA


       Motion was duly made by Alderman Tipton, seconded by Alderman Higdon to
approve the agenda as presented. A roll call vote was taken with the following results:
       Those voting “Aye”: Alderman Lauderdale, Alderman Bryant, Alderman Miller,
Alderman Higdon and Alderman Tipton.
       Those voting “Nay”: None.
       ORDERED AND DONE this the 4th day of April, 2006.


                               AGENDA
                          CITY OF HERNANDO
                     MAYOR AND BOARD OF ALDERMEN
                          REGULAR MEETING
         April 4, 2006                                             6:00 P.M.

1) MEETING CALLED TO ORDER

2) INVOCATION

3) APPROVE AGENDA

4) APPROVE DOCKET OF CLAIMS

5) APPROVE MINUTES

6) ADOPT REVISED SERVICE AGREEMENT FOR THE TREATMENT OF
   WASTEWATER WITH DESOTO COUNTY REGIONAL UTILITY AUTHORITY

7) AUTHORIZE MAYOR JOHNSON TO SIGN 3 YEAR CONTRACT WITH GREG
   ROBERTS FIRE HYDRANT REPAIR & SUPPLY FOR MAINTAINING FIRE
   HYDRANTS

8) AUTHORIZE MAYOR, ALDERMEN, CITY ATTORNEY, DEPARTMENT
   HEADS, TO ATTEND MML CONVENTION AND AUTHORIZE TO ISSUE
   CHECKS FOR REGISTRATION AND TRAVEL EXPENSES – JULY 24-27

9) AUTHORIZE DANIEL SPOONER TO ATTEND POLICE ACADEMY AND
   AUTHORIZE TO ISSUE CHECKS FOR REGISTRATION AND TRAVEL
   EXPENSES

10) AUTHORIZE TO HIRE FIREMAN

11) AUTHORIZE MAYOR TO SIGN AGREEMENT HIRING SLAUGHTER &
    ASSOCIATES AS ANNEXATION CONSULTANT

12) AUTHORIZE TO SELL LITTER CONTROL TRUCK #54 AT CRENSHAW
    AUCTION


                           MINUTE BOOK 20, PAGE # 04072006   -1
 CITY OF HERNANDO         REGULAR MEETING APRIL 4, 2006
___________________________________________________________________

                                      AGENDA CONTINUED

13) EXECUTIVE SESSION – POLICE PERSONNEL

14) ADJOURN




                                  APPROVE DOCKET OF CLAIMS


        The Board of Aldermen were presented with a docket of claims No.66401 to
66594 in the amount of $815,596.76 for approval.
        Motion was duly made by Alderman Higdon seconded by Alderman Tipton to
approve the docket of claims for payment as presented. A roll call vote was taken with
the following results:
        Those voting “Aye”: Alderman Bryant, Alderman Miller, Alderman Higdon,
Alderman Tipton, and Alderman Lauderdale.
        Those voting “Nay”: None.
        ORDERED AND DONE this the 4th day of April, 2006.




                                       APPROVE MINUTES


       Motion was duly made by Alderman Miller seconded by Alderman Bryant to
approve the minutes of the previous meeting. A roll call vote was taken with the
following results:
       Those voting “Aye”: Alderman Miller, Alderman Higdon, Alderman Tipton,
Alderman Lauderdale, and Alderman Bryant.
       Those voting “Nay”: None.
       ORDERED AND DONE this the 4th day of April, 2006.




                                   BUILDING PERMIT REPORT


                                          CITY OF HERNANDO
                                          BUILDING PERMIT REPORT
                                          MARCH 2006


                                                                                         PERMIT      TOTAL
 PERMIT              CONTRACTOR               PERMIT USE & LOCATION    VALUATION          COST       SQ. FT.


06-03-106 Eagle Homes                     New Single Family                $105,000.00   $2,195.00      2394
          PO Box 225                      Dwelling Lot # 227
          Hernando, MS 38632              Deer Creek
                                          729 Mossy Oak Cove



06-03-107 Horizon Construction            Commercial                       $171,000.00    $630.00       2587
          5134 Stale Road # 300           421 E. Commerce Street
          Memphis, TN 38134               PhysioTherapy




                                   MINUTE BOOK 20, PAGE # 04072006    -2
 CITY OF HERNANDO         REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
06-03-108 Ferguson Homes                          New Single Family                  $132,000.00   $2,330.00   3003
           P O Box 1668                           Dwelling Lot # 232
           Olive Branch, MS 38654                 Deer Creek
                                                  11 Doe Creek


06-03-109- Ferguson Homes                         New Single Family                  $115,000.00   $2,255.00   2611
           P O Box 1668                           Dwelling Lot # 231
           Olive Branch, MS 38654                 Deer Creek
                                                  29 Doe Creek


06-03-110 Robert Beard                            Detached garage                     $22,000.00    $120.00    720
                                                  Oak Manor Lot # 21-B
                                                  3075 River Oaks


06-03-111 Precision Signs                         Sign                                   $1,000      $15.00
           3754 Burdan Cove                       Hernando Taekwondo
           Memphis, TN 38118                      2412 E Parkway


06-03-112 Richard Payne                           Fence & Shed                                       $38.50
                                                  Ivy Manor Lot # 23                   $3,600.00     $30.00    120
           Fence grandfathered in- built July 2005 1580 Ivy Drive


06-03-113 Besco Construction                      Commercial                                       $1,898.00
           2854 Stage Center Drive Suite 104      530 Vaiden Drive
           Bartlett, TN 38134                     Addition to M & R Signs


06-03-114 Mini-System                             Commercial                         $114,000.00    $540.00    2600
           Sardis, MS                             2270 McIngvale
                                                  Mini-System- storage


06-03-115 B & S Homes                             New Single Family                  $136,000.00   $3,099.00   3101
           P O Box 1668                           Dwelling Lot # 26
           Southaven, MS 38671                    Grove Park
                                                  704 Hemingway Cove


06-03-116 Brown Fence Contractors                 Fence                                              $38.50
                                                  Clifton Court Lot # 78
                                                  126 DeSoto Avenue


06-03-117 SMP, Inc.                               New Single Family                  $129,000.00   $3,064.00   2928
           556 Whitfield Drive                    Dwelling Lot # 49
           Hernando, MS 38632                     Weatherby
                                                  1308 Elise Drive


06-03-118 The Outdoors Men                        Fence                                              $38.50
           130 Massey Drive                       Notting Hill Lot # 15
           Coldwater, MS 38618                    1817 Notting Hill Drive


06-03-119 Rite Choice Fence                       Fence                                              $38.50
           1574 Aday Road                         Dwelling Lot # 67
           Nesbit, MS 38651                       Magnolia Manor
                                                  2000 Magnolia Manor


06-03-120 Border Fence                            Fence                                              $38.50
           5211 Tchulahoma Road                   Dwelling Lot # 39
           Southaven, MS 38671                    Notting Hill
                                                  1464 Notting Hill Cove West


06-03-121 Kimberlin, Inc.                         New Single Family                  $119,000.00   $3,014.00   2712
           695 Fairway                            Dwelling Lot # 344




                                        MINUTE BOOK 20, PAGE # 04072006         -3
 CITY OF HERNANDO         REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
          Hernando, MS 38632                Calloway Cove
                                            438 Calloway Cove


06-03-122 Paramount                         New Single Family                  $118,000.00   $3,009.00   2673
          6145 Elmore Road                  Dwelling Lot # 30
          Southaven, MS 38671               Magnolia Manor
                                            1896 Magnolia Manor Drive


06-03-123 Lifestyle Homes                   New Single Family                  $123,000.00   $2,205.00   2791
          1074 Thousand Oaks Drive          Dwelling Lot # 32
          Hernando, MS 38632                Notting Hill
                                            1451 Notting Hill Cove West


06-03-124 Lifestyle Homes                   New Single Family                  $134,000.00   $2,250.00   3047
          1074 Thousand Oaks Drive          Dwelling Lot # 38
          Hernando, MS 38632                Notting Hill
                                            1456 Notting Hill Cove West


06-03-125 Luke Smith                        New Single Family                  $114,000.00   $2,240.00   2587
          123 Robertson Road                Dwelling Lot # 219
          Hernando, MS 38632                Deer Creek
                                            893 Pebble Creek Cove


06-03-126 Acken Signs                       Commercial                           $5,038.00     $35.00
                                            Sign- Captain D's
                                            2753 McIngvale Road


06-03-127 B & G Homebuilders                New Single Family                  $231,000.00   $2,325.00   5239
          3201 Woodland Track East          Dwelling Lot # 65
          Southaven, MS 38671               Notting Hill
                                            1655 Notting Hill Drive


06-03-128 B & G Homebuilders                New Single Family                  $234,000.00   $2,340.00   5306
          3201 Woodland Track East          Dwelling Lot # 67
          Southaven, MS 38671               Notting Hill
                                            1625 Notting Hill Drive


06-03-129 Luke Smith                        New Single Family                  $108,000.00   $2,210.00   2455
          123 Robertson Road                Dwelling Lot # 218
          Hernando, MS 38632                Deer Creek
                                            875 Pebble Creek Cove N


06-03-130 Adam Reynolds                     Fence                                              $38.50
                                            59 Hwy 51


06-03-131 Picture Perfect Fences            Fence                                              $38.50
          Southaven, MS 38671               165 E Oak Grove


06-03-132 DAB                               Fence                                              $38.50
                                            1474 Notting Hill Cove W


06-03-133 Paramount                         New Single Family                   $97,000.00   $2,954.00   2424
          7651 Tchulahoma                   Dwelling Lot # 27
          Southaven, MS 38671               Magnolia Manor
                                            1846 Magnolia Manor


06-03-134 Witt Long                         New Single Family                   $97,000.00   $2,285.00   2801
          581 CR Road                       Dwelling Lot # 35
          Blue Mountain, MS 38610           Lee's Summit
                                            2890 Vernon Drive East




                                     MINUTE BOOK 20, PAGE # 04072006      -4
 CITY OF HERNANDO         REGULAR MEETING APRIL 4, 2006
___________________________________________________________________

06-03-135 Joe Ward                          Accessory Building                    $12,000      $70.00    384
           101 Pleasant Bend Cove           1936 Mt. Pleasant
           Hernando, MS 38632


06-03-136 Hall Builders                     New Single Family                  $141,000.00   $3,124.00   3196
           1717 Tara Lakes Drive            Dwelling Lot # 28
           Hernando, MS 38632               Ivy Manor
                                            1539 Ivy Lane
                                                                                               $38.50
06-03-137 Lifestyle Homes                   Fence
                                            1515 Notting Hill Cove West


06-03-138 Max Harris                        Addition                            $29,000.00    $155.00    660


06-03-139 Brown Fence Contractors           Fence                                              $38.50
           8165 Deza Lakes                  111 Tanner Cove
                                            Forked Creek


06-03-140 Kenny Kimbrell                    Fence                                              $38.50
                                            450 Calloway Cove


06-03-141 Aerial Signs & Service            Sign-Schwan's                        $2,500.00     $25.00
                                            2342 Hwy 51
                                            Nesbit, MS 38651


06-03-142 Scott & Beth Haley                Fence                                              $38.50
                                            3084 Stonehenge Drive
                                            Edgewater


06-03-143 Rite Choice Fence                 Fence                                              $38.50
           1574 Aday Road                   Vaiden Ridge N Drive Common Area
           Nesbit, MS 38651


06-03-144 Rite Choice Fence                 Fence                                              $38.50
           1574 Aday Road                   73 Pleasant Bend Cove
           Nesbit, MS 38651


06-03-145 Larry & Glenna Leonard            Fence                                              $38.50
           1530 Tara Drive                  1530 Tara Drive
           Hernando, MS 38632               Clifton Courts


06-03-146 Jim Lane                          Accessory Building                  $18,720.00    $100.00
           146 Parkway Manor Drive          Magnolia Manor Lot # 46
           Hernando, MS 38632               146 Parkway Manor Drive


06-03-147 Teezers                           Sign                                   $56.00      $15.00
                                            221 East Commerce Street


06-03-148 Kelley Beard Wadford              Fence                                              $38.50
                                            Northwood Hills
                                            709 Northwood West Cove


06-03-149 Jerry Pope                        Fence                                              $38.50
                                            Forked Creek
                                            894 Gates Street


06-03-150 Clara Riley                       Fence                                              $38.50
                                            305 Dogwood




                                     MINUTE BOOK 20, PAGE # 04072006      -5
 CITY OF HERNANDO         REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
06-03-151 S & A Homes                           New Single Family                $199,000.00   $3,365.00   4521
           4065 Horon Court                     Dwelling Lot # 47
           Nesbit, MS 38651                     Weatherby
                                                2640 Elise Drive


06-03-152 Reeves Williams                       New Single Family                $101,000.00   $2,924.00   2282
           8727 Northwest Drive                 Dwelling Lot # 262
           Southaven, MS 38671                  Fairway Woods
                                                601 Classic Drive North


06-03-153 Bryant Jernigan Construction          New Single Family                $143,000.00   $3,129.00   3239
           P O Box 562                          Dwelling Lot # 68
           Hernando, MS 38632                   Weatherby
                                                1835 Cotton Drive



06-03-154 Kimberlin, Inc.                       New Single Family                $113,000.00   $3,529.00   2578
           695 Fairway Drive                    Dwelling Lot # 193
           Hernando, MS 38632                   Fairway Grove
                                                201 Palmer Cove


06-03-155 Mark's Custom Fences                  Fence                                            $38.50
           621 Shadow view Drive                Northwood Hills
           Hernando, MS 38632                   660 Northwood Hills Drive


06-03-156 Jeffrey Ferrell                       Fence                                            $38.50
                                                Northwood Hills
                                                748 Northwood West Cove


06-03-157 Reynold's Fence                       Fence                                            $38.50
           2165 Paris Cove                      20 DeSoto Avenue
           Hernando, MS 38632


06-03-158 Boyd Electric                         Fence                                            $38.50
           1560 Ivy Drive                       1560 Ivy Drive
           Hernando, MS 38632




     ADOPT REVISED SERVICE AGREEMENT FOR THE TREATMENT OF
       WASTEWATER WITH DESOTO COUNTY REGIONAL UTILITY
                           AUTHORITY

          SERVICE AGREEMENT FOR THE TREATMENT OF WASTEWATER

                              Between
  CITY OF HERNANDO, CITY OF HORN LAKE, THE CITY OF OLIVE BRANCH,
         THE CITY OF SOUTHAVEN AND THE TOWN OF WALLS as
                            “MEMBERS”
                                And
            DESOTO COUNTY REGIONAL UTILITY AUTHORITY

WHEREAS, pursuant to Chapter 1039, Local and Private Laws of 1999, as amended by
House Bill 1976 of the Regular Session of 2002 and as amended by House Bill 1639 of
the Regular Session of 2003 (“Act”) the DeSoto County Regional Utility Authority
(“Authority”) an agency and political subdivision of the State of Mississippi, has been
established and is currently acquiring and constructing the necessary assets to permit the
collection, transportation and treatment of Wastewater at its System (the assets defined as
the “System”) ; and



                                         MINUTE BOOK 20, PAGE # 04072006    -6
 CITY OF HERNANDO               REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
WHEREAS, the City of Hernando, Mississippi (“Hernando”), the City of Horn Lake,
Mississippi (“Horn Lake”), the City of Olive Branch, Mississippi (“Olive Branch”), the
City of Southaven, Mississippi (“Southaven”) and the Town of Walls, Mississippi
(“Walls”), comprise the membership of Authority (each individually a “Member” and
collectively the “Members”); and

WHEREAS, pursuant to contracts between the Authority and Members, the Authority
will acquire from its Members certain Wastewater systems and appurtenances and will
construct certain rights-of-way, sewer interceptor systems, pump stations, force mains,
treatment plants and sewer treatment lagoons all in accordance with the DeSoto County
Wastewater Facilities Plan (the acquisitions from Members and the infrastructure
constructed collectively hereinafter referred to as the “System” as hereinafter defined);
and

WHEREAS, the Authority and Members wishes to contact with the other for the
collection, transportation and treatment of Wastewater as later herein defined as the
System; and

NOW, THEREFORE, Authority and Members agree to enter into this Agreement for the
Term described herein for the treatment of Members’ Wastewater and do hereby contract
and agree as follows:
                                     ARTICLE I
                                    DEFINITIONS

“Authority” means the DeSoto County Regional Utility Authority.

“Authority’s Estimated Annual Requirement” means the estimated amount of money
required to defray the cost of the following: (i) the Operation and Maintenance Expenses
of System; (ii) the annual debt service on financed operating costs of System; (iii)
financed current and future repair or replacement of System; (iv) the annual payments of
any state loans associated with financed acquisition, repair or replacement of System; (v)
cost of acquisition, repair or replacement of System incurred and paid during that Fiscal
Year with funds other than loan, bond or grant funds; and (vi) applicable recovery of
revenue bonds principal and interest for bonds issued by the Authority for the
construction, acquisition or expansion of the System.

“Authority’s Actual Annual Requirement” means the actual amount of money required to
defray the cost of the following, as calculated at the end of each Fiscal Year: (i) the
Operation and Maintenance Expenses of System; (ii) the annual debt service on financed
operating costs of System; (iii) financed current and future repair or replacement of
System; (iv) the annual payments of any state loans associated with financed acquisition,
repair or replacement of System; (v) cost of acquisition, repair or replacement of System
incurred and paid during that Fiscal Year with funds other than loan, bond or grant funds;
and (vi) applicable recovery of revenue bonds principal and interest for bonds issued by
the Authority for the construction, acquisition or expansion of the System.

“Authority’s Actual Annual Flow” means the actual total volume of Wastewater received
by System from all contributing parties during any Fiscal Year, as measured at the
Authority’s Meters.

“Authority’s Five Year Wastewater Plan” means the plan prepared by the Authority
based upon the projected needs of each Member’s Five Year Wastewater Plan. The
Authority’s plan shall include the current capacity of the Authority’s System, the annual
budget for the current Fiscal Year, the estimated budget for the upcoming Fiscal Year and
an estimate of the budget and capacity needs for the next five years based upon the
Member’s Five Year Wastewater Needs Plans. The Authority shall annually update the
plan.

“Authority’s Metering Station” means any flow meter or metering station placed at a
Point of Entry owned by the Authority for the purpose of measuring volumes of
Wastewater to the System.




                            MINUTE BOOK 20, PAGE # 04072006   -7
 CITY OF HERNANDO               REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
“Authority’s Sewer Use Ordinance” means an ordinance adopted by the Authority,
pursuant to Authority Act setting forth the standard and requirements for the design,
planning and construction of Wastewater systems within the jurisdiction of the Authority.
“Domestic Wastewater” means liquid and waterborne waste discharge from sanitary
conveniences of dwelling, buildings, or institutions and the like.

“Effective Date” means the date upon which the following conditions are satisfied (i)
Members and Authority execute this agreement and (ii) the date Short Fork Treatment
Plant begins operation.

“EPA” means the United States Environmental Protection Agency.

“Fiscal Year” means the twelve (12) Month period beginning October 1 of each year and
ending September 30.

“Industrial Wastewater” means the liquid and waterborne wastes from industrial
processes.

“Infiltration” means water that has migrated from the ground into the System.

“Inflow” means water which is not Domestic Wastewater, Industrial Wastewater or
Infiltration, which enters into the Local Wastewater Facilities and subsequently into the
System. Inflow includes but is not limited to the following; storm water; ground water;
roof run-off; sub-surface drainage; down spouts; yard drains; fountains; ponds; leaks
from private sewage systems and swimming pools.

“Local Wastewater Facilities” means the publicly-owned collection and transmission
facilities of a Member for transportation of Wastewater to the System and any facilities
used exclusively or primarily for the pre-treatment of Industrial and/or Domestic
Wastewater.

“MDEQ” means the Mississippi Department of Environmental Quality.

“Member” means the following, the City of Hernando, Mississippi, the City of Horn
Lake, Mississippi, the City of Olive Branch, Mississippi; the City of Southaven,
Mississippi or the Town of Walls, individually.

“Members” means the following the City of Hernando, Mississippi, the City of Horn
Lake, Mississippi, the City of Olive Branch, Mississippi; the City of Southaven,
Mississippi and the Town of Walls, collectively.

Member’s Actual Annual Flow means the actual measured volume of Wastewater
received by Authority from a Member during the Fiscal Year as measure by Authority’s
Metering Stations.

“Member’ Actual Annual Payment” means the actual amount of money a Member should
have paid to the Authority for a Fiscal Year or part thereof, as it actual proportionate
share of the Authority’s Actual Annual Requirement.

“Member’s Actual Proportionate Share” means the proportionate share allocable to a
Member of the Authority’s Actual Annual Requirement and is calculated by dividing a
Member’s Actual Annual Flow of Wastewater delivered to the Authority by the sum of
each Member’s Actual Annual Flow of Wastewater delivered to the Authority for the
same period of time.

“Member’s Estimated Annual Flow” means the estimated volume of Wastewater to be
received by Authority from a Member for a Fiscal Year.

“Member’s Estimated Annual Payment” means the estimated amount of money to be
paid to the Authority by a Member for a Fiscal year or part thereof, as its proportionate
share of the Authority’s Estimated Annual Requirement.




                            MINUTE BOOK 20, PAGE # 04072006   -8
 CITY OF HERNANDO                REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
“Member’s Estimated Annual Requirement” means the sum of the following: (i)
Member’s Estimated Annual Payment; (ii) any fines and penalties assessed against the
Member for previous Fiscal Year for violations of the Comprehensive Sewer Use
Ordinance and (iii) Member’s True-Up for previous Fiscal Year. A Member’s Estimated
Annual Requirement will be paid to the Authority in twelve (12) equal monthly
installments due on or before the 10th day of each month.

"Member’s Estimated Proportionate Share" means the proportionate share allocable to a
Member of the Authority’s Estimated Annual Requirement and is calculated by dividing
a Member’s Estimated Annual Flow of Wastewater delivered to the Authority by the sum
of each Member’s Estimated Annual Flow of Wastewater delivered to the Authority for
the same period of time.

“Member’s Five Year Wastewater Needs Plan” means a comprehensive plan prepared by
each Member of the wastewater needs from the Member’s Service Area. The plan shall
include the “Member’s Estimated Annual Flow” for the current Fiscal Year and the
“Member’s Estimated Annual Flow” for the upcoming Fiscal Year. The plan shall
include the Member’s estimated wastewater needs for the next five (5) years, including
the point(s) of entry to the Authority’s System and the estimated flow at each point of
entry for each year of the five year study. The Member shall annual update the plan
.
“Member’s Service Area” means the corporate boundaries of each Member, areas which
the Member is currently providing sewer service, the certificated area of each Member
and the reasonable area of growth for each Member as set forth in Exhibit A.

“Member’s True-Up” means the credit or debit due from or to a Member at the end of
each Fiscal Year and is calculated as the difference between the Member’s Estimated
Annual Payment and the Member’s Actual Annual Payment.

“Month” means a calendar month.

“Operation and Maintenance Expenses of System” means for each Fiscal Year the current
expenses paid or accrued from the Effective Date which shall include without limitation
the following: operation, maintenance, and ordinary current repairs of the System;
insurance premiums; administrative expenses of Authority; salaries; power; fuel;
chemicals; and such other reasonable and necessary expenses; all of the foregoing
relating to the operation and maintenance of the System, and in accordance with sound
accounting practices.

“Point of Entry” or “Points of Entry” means the physical connection or connections
between the Local Wastewater Facilities and the System.

“System” means all of the Authority’s facilities for receiving, transporting, treating and
disposing of Wastewater and or sludge, together with any improvements enlargements or
additions to said facilities and any extensions or replacement of said facilities construed
or otherwise incorporated into said facilities in the future. The System includes all of the
Authority’s right-of-ways, sewer interceptor systems, pump stations, force mains;
treatment plants, sludge process equipment or sludge land application facilities.

“Wastewater” means Domestic Wastewater, Industrial Wastewater Infiltration and/or
Inflow that may be present.

                                      ARTICLE II
                                      RESERVED

                            ARTICLE III
           DISCHARGE OF WASTEWATER, TITLE AND METERING

3.1 DISCHARGE

3.1.1 Each Member shall have the right to discharge Wastewater into System,
      according to the terms and conditions of this Agreement and the Authority’s
      Comprehensive Sewer Use Ordinance. The unit of measurement for Wastewater


                            MINUTE BOOK 20, PAGE # 04072006   -9
 CITY OF HERNANDO               REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
      delivered hereunder shall be 1,000 gallons per day, U.S. Standard Liquid Measure
      (“tgd”), or such other lawful unit as the parties may determine to be appropriate
      and applicable. The Authority agrees to accept and treat all volumes of
      Wastewater delivered by each Member to the System during the terms of this
      Agreement, subject to the quantity and quality standard established by EPA,
      MDEQ and the Authority.

3.1.2 Each Member agrees through the Member’s Comprehensive Sewer Use
      Ordinance (“Member’s Ordinance”) to establish standards for Wastewater
      delivered into the System meeting the standards of EPA, MDEQ and the
      Authority.

3.2 POINT OR POINTS OF ENTRY

3.2.1 Each Member shall discharge its Wastewater at Point(s) of Entry designated by
      the Authority or at such additional locations as may be mutually agreed upon by
      the parties hereto. See attached Exhibit B.

3.2.2 In the event a Member proposes to change the location of a Point of Entry, the
      Member shall seek written approval of the Authority pursuant to the Authority’s
      Comprehensive Sewer Use Ordinance, one hundred eighty (180) days prior to
      relocation of Point of Entry. In such an event, the Member shall bear all cost of
      relocating the Point of Entry.

3.2.3 In the event that the Authority proposes to change the location of a Point of Entry,
      the Authority shall notify the Member one hundred eighty (180) days prior to
      relocation and the Authority shall be responsible for all cost and expense of
      relocation.

3.2.4 In the event that the Point of Entry is relocated for the mutual convenience of the
      parties, the parties will share the cost of relocating the Point of Entry equally.

3.2.5 In the event that the relocation is required by a change of law, the Member shall
      bear all costs Authority incurs to make such relocations.

3.2.6 In the event that the relocation is for the convenience of another party, the
      requesting party shall pay for the entire cost of relocation.

3.3 CONVEYANCE TO POINT OF ENTRY.

       It shall be the sole responsibility of a Member to convey Wastewater to their
       designated Point of Entry. Each Member shall be solely responsible for any
       liability incurred in connection with transporting the Wastewater to the Point of
       Entry.

3.4 TITLE TO WASTEWATER AND RESPONSBILITY THEREOF

3.4.1 Title to all Wastewater shall remain in the Member to the Point of Entry, and
      upon passing through the Point of Entry, title thereto shall pass to the Authority.

3.4.2 As between the parties hereto, the Authority is responsible for the proper
      reception, transportation, treatment and disposal of all Wastewater from and after
      the Point of Entry, and the responsibility for, and right to ownership of, the
      effluent and sludge from such operation, together with the responsibility for its
      transportation, treatment and disposal; provided however, that the Wastewater
      delivered by the Member to the Point of Entry meets applicable standards and
      restrictions of the Authority’s Comprehensive Sewer Use Ordinance. Title to
      Wastewater and liability for damages arising from the discharge into the System
      hereunder shall remain with the Member until the Wastewater is delivered to the
      Point of Entry. Upon passing through the Point of Entry, all liability for the
      transportation, delivery, reception, treatment and disposal of Wastewater shall
      pass to the Authority.



                            MINUTE BOOK 20, PAGE # 04072006   -10
 CITY OF HERNANDO                REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
3.4.3 In the event and to the extent a violation of the Authority’s Sewer Use Ordinance
      by Member can be demonstrated to have contributed to a violation of the NPDES
      permit issued for the System, the Member shall be responsible for its share of any
      payments related to the violation, including, but not limited to, any penalties or
      other sums payable to the State of Mississippi or the United States of America.
      The Member’s share shall be calculated as the proportion share of the offending
      volume of Wastewater received by the System from the Member during the
      period of the violation as compared to the total volume of offending Wastewater
      contributing to the violation. The Member’s share shall be paid within the time
      allowed by the penalizing entity.

3.4.4 Each party hereto agrees to be responsible for all claims, demands, and causes of
      action and the damage that flow there from which may be asserted by anyone on
      account of the action or inaction of that party arising out of the operation of this
      Agreement. However, to the extent any cause of action is covered by the
      Mississippi Torts Claims Act, as now or in the future amended, or the extent same
      applies to any action, nothing contained herein shall be construed to waive any
      cap or limitation of damages under such Act. The Authority and each Member
      acknowledge that each may receive notices of violation of fines from state and/or
      federal agencies for violations and for payment of its respective fines. The
      Authority shall invite each Member to participate in any discussions with state
      and federal agencies regarding notices of violations involving the Authority’s
      actions or responsibilities, and Member shall likewise invite the Authority to
      participate in any discussions with state and federal agencies regarding notices of
      violations involving the Member’s action or responsibilities. Each party agrees to
      cooperate with the other in the investigation and response to any notice of
      violation involving actions relating to its actions or responsibilities.

3.4.5 The Authority shall include in any contract with a third-party operator of the
      System an indemnity flowing to Members which would operate to indemnify
      Members against the negligent operation of the System by such contractor, its
      agents or assigns.

3.5 METERING

3.5.1 The Authority shall furnish, install, operate and maintain the Authority’s Metering
      Station(s) at the Point(s) of Entry, and the necessary equipment and devices of
      standard type for measuring properly all Wastewater to be discharged under this
      Agreement. The Authority’s Metering Station(s) and other measuring equipment
      shall remain the property of the Authority.

3.5.2 Each Member shall have access to their respective Metering Station at all
      reasonable times for inspection and examination, but the reading, calibration and
      adjustment thereof shall be done only by employees or agents of the Authority, in
      the presence of a representative of the Member if requested by the Member. All
      readings of meters will be entered upon proper books of record maintained by the
      Authority. Upon written request, a Member may have access to said record books
      during reasonable business hours. Member(s) shall have the right to audit the
      Authority’s record books once per Fiscal Year.

3.5.3 Not more than once each Month, the Authority shall cause to be calibrated the
      Authority’s Metering Stations, and if requested in writing by a Member to do so,
      in the presence of a representative of the Member(s). The parties shall jointly
      observe any adjustments which are made to the meters in case any adjustment is
      found to be necessary. If, for any reason, any meters are out of service or out of
      repair, or if, upon any test, the percentage of inaccuracy of any meter is found to
      be five percent (5%) or more, plus or minus, registration thereof shall be corrected
      for a period of time extending back to the time when such inaccuracy began, if
      such time is ascertainable, and if such time is not ascertainable, then for the period
      extending back one-half of the time elapsed since the date of the last calibration,
      but in no event further back than a period of three (3) Months.




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3.5.4 Each Member, at its option and its own expense, install and operate a check meter
      to verify flows measured by each meter installed by the Authority, but the
      measurement for purpose of this Agreement shall be solely by the Authority’s
      meter, except in the event described in this Section to the contrary. All such
      checks meters shall be of standard make and shall be subject at all reasonable
      times to inspection and examination by an employee or agent of the Authority, but
      the reading, calibration and adjustment shall be made only by the Member, except
      during any period when a check meter may be used under specific written consent
      by a Member for measuring the volume of Wastewater, in which case the reading,
      calibration and adjustment thereof shall be made by the Authority, as if the check
      meter(s) had been furnished or installed by the Authority.

3.5.5 Each Member agrees to allow the Authority access, at reasonable times, to inspect
      and test sewage facilities within the limits of the Member and that area of the
      Member’s geographical responsibility or for which the Member is providing
      service.

3.6 INFILTRATION AND INFLOW

3.6.1 Obligation of Members to Minimize Inflow and Infiltration
      Each Member shall operate and maintain its Local Wastewater Facilities in such a
      manner as to minimize excessive Infiltration and Inflow. Through the Member’s
      Sewer Use Ordinance, each Member agrees to diligently pursue reductions in
      Infiltration and Inflow among the parties contributing Wastewater to its Local
      Wastewater Facilities. Each Member will comply with sanitary sewer overflow
      (“SSO”) rules as such are promulgated by the MDEQ, the EPA and/or any other
      governmental body having legal authority to set standards for sewer systems of
      similar size and character. Each Member shall not be penalized for the failure of
      the Authority to correct Inflow and Infiltration violations within the System or
      within any other local system contributing Wastewater to the System which is not
      within the Local Wastewater Facilities.

3.6.2 Obligation of Authority to Minimize Inflow and Infiltration
      The Authority aggress to operate and maintain the System in such a manner to
      minimize excessive Infiltration and Inflow and to require through the Authority’s
      Sewer Use Ordinance that any party contributing Wastewater to the System will
      maintain its local collection and transportation system in such a manner as to
      minimize excessive Infiltration and Inflow. The Authority will comply with SSO
      rules as such are promulgated by the MDEQ, the EPA and/or other governmental
      body having legal authority to set standards for sewer systems of similar size and
      character. The Authority shall not be penalized for the failure of its Members to
      correct Inflow and Infiltration violations within the Member’s Local Wastewater
      Facilities.

3.6.3. Except to protect human health or the environment or the integrity of the System,
       the Authority shall not restrict flow from the Members due to excessive Inflow
       and Infiltration.

3.6.4. Within two (2) years of the Effective Date, each Member shall undertake a study
       of the Inflow and Infiltration within its Local Wastewater Facilities and shall
       deliver a report of such study to the Authority. Each Member shall be responsible
       for determining the scope of the Inflow and Infiltration study. Should the report
       conclude that excessive Inflow and Infiltration exists within the Local Wastewater
       Facilities, each Member shall work with the Authority to determine adequate and
       economically viable solutions to reduce the Infiltration and Inflow.

3.7.   COMPREHENSIVE SERWER USE ORDINANCE

3.7.1. The Authority shall adopt and maintain in effect a Comprehensive Sewer Use
       Ordinance in conformity with the standards and restriction of the EPA, the
       MDEQ, the Mississippi Department of Health, the Act and any other
       governmental body having legal authority to set such standards and restrictions.
       The Authority shall periodically review and, if necessary, revise its


                           MINUTE BOOK 20, PAGE # 04072006   -12
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      Comprehensive Sewer use Ordinance to insure compliance with Federal and State
      standards.

3.7.2. Each Member shall adopt and maintain in effect a Comprehensive Sewer Use
       Ordinance compatible with the Authority’s Comprehensive Sewer Use Ordinance
       and in conformity with the standards and restriction of the EPA, the MDEQ, the
       Mississippi Department of Health, the Authority, and any other governmental
       body having legal authority to set such standards and restrictions. Each Member
       shall periodically review and, if necessary, revise its Comprehensive Sewer Use
       Ordinance to insure compliance with Federal and State standards and
       requirements, including those established by the Authority.

3.7.3. Each Member agrees to comply with and be subject to the Authority’s
       Comprehensive Sewer Use Ordinance, including, but not limited to, fines and
       penalties for Wastewater that exceeds the parameters established in the
       Authority’s Ordinance.

3.8.   RESIDENTIAL WASTEWATER

       Each Member assumes the responsibility for processing application for discharge
       of wastewater generated from residential or residential equivalent (multi-family,
       apartment complexes, and commercial) into any Local Wastewater Facilities
       which ultimately discharges Wastewater into the Authority’s System.

3.9.   INDUSTRIAL WASTEWATER

3.9.1. Each Member assumes the responsibility for processing applications for discharge
       of Industrial Wastewater into any Local Wastewater Facilities which ultimately
       discharge Wastewater into the System to assure compliance with the Authority’s
       Ordinance.

3.9.2. Each Member shall submit to the Authority an application for discharge of
       Industrial Wastewater within ten (10) days of receipt of the application. The
       Authority and Members shall coordinate, in good faith, with each other, on
       issuance of wastewater discharge permits to industrial facilities. The Authority
       shall not establish limits more stringent than needed to protect the Authority’s
       System. Neither the Authority nor a Member shall approve any application for
       wastewater discharge permit which has been rejected by the other party.

3.10. INSURANCE

3.10.1. The Authority agrees to provide adequate casualty, fire and extended coverage
        and flood insurance for the System to repair or rebuild the System in the event of
        damage or loss. The Authority agrees to provide Errors and Omissions Insurance
        covering the acts, errors and omission of the System operator.


                               ARTICLE IV
                   PAYMENTS BY MEMBERS TO AUTHORITY

4.1.   JOINT AND SEVERAL LIABILITY OF MEMBERS

4.1.1. Pursuant to the Authority Act, each Member is jointly and severally obligated to
       pay the obligations of the Authority. In the event of a shortfall of monies to fund
       the Authority’s Actual Annual Requirement for any reason, whether caused by
       default of one or more Members, failure to pay by other Users, damage to or
       failure of the System, or other causes, each Member unconditionally and
       irrevocably covenants and agrees, whether individually or in combination with
       other non-defaulting Members to make advances to the Authority of such sums as
       may be necessary to pay and make up the default or shortfalls.




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4.1.2. Upon written notice by Authority to a Member that a shortfall has occurred or is
       anticipated in the funding for the Authority’s Annual Requirement, the Member
       shall advance such funds to the Authority within thirty (30) days.

4.1.3. Any Member making such an advance shall have the right, in cooperation with
       the Authority, to take all legal means to recovery such monies from a defaulting
       Member, User or third party and shall be reimbursed and/or credited for their
       advance when recovery is made from the defaulting Member, User or third party.

4.1.4. Each Members agrees that in the event that the Member defaults on the payment
       of any Annual Requirement or other bill rendered by the Authority, and the
       resulting shortfall is paid and made up by other Members, the defaulting Member
       shall, as soon as it has sufficient funds available, pay and reimburse the Authority
       for the shortfall resulting from its default. The Member shall not claim that any
       payment by the non-defaulting Member of shortfall resulting from the Member’s
       default constitutes a voluntary contribution which the Member has no
       responsibility to repay. The defaulting Member hereby waives any right to make
       such a claim or raise such a defense to an action brought to recover a shortfall
       payment under this section. The defaulting Member specifically recognized their
       continuing contractual obligation to pay and their liability for any shortfall
       payment made because of the default of the Member on the payment of any bill
       rendered by the Authority under this Service Agreement.

4.2.   TERMS AND CONDITIONS OF PAYMENTS TO AUTHORITY

4.2.1. Each Member hereby unconditionally and irrevocably covenants and agrees, to
       pay to Authority, commencing with the first month beginning after the Effective
       Date of this Agreement, the Member’s Estimated Annual Requirement.

4.2.2. For each Fiscal Year or part thereof prior to the First Fiscal Year commencing
       after the Effective Date, each Member covenants and agrees to pay to Authority,
       the Authority’s Estimated Annual Requirement, which shall be pro-rated for the
       Months remaining in the Fiscal Year.

4.2.3. On or before, the Effective Date of this Agreement, an on or before February 1 of
       each year, thereafter, each Member shall submit to the Authority, the Member’s
       Five Year Wastewater Needs Plan.

4.2.4. On or before the Effective Date of this Agreement, and on or before July 1 of
       each Fiscal Year thereafter, the Authority shall prepare the Authority’s Five Year
       Wastewater Plan and Annual Budget for ensuing Fiscal Year.

4.2.5. On or before the Effective Date of this Agreement, and on or before July 1 of
       each Fiscal Year thereafter, the Authority shall furnish the Members with a
       schedule of the monthly payments to be made by each Member to the Authority
       for the ensuing Fiscal Year.

4.2.6. If a Member at any time disputes the amount to be paid by it to the Authority, a
       Member shall nevertheless promptly make the payment or payments determined
       by the Authority, and, if it is subsequently determined by agreement, arbitration
       or court decision that such disputed payments made by a Member should have
       been less, the Authority shall promptly credit the charge to the Member in such a
       manner that the Member will recover its overpayment.

4.3.   AUTHORITY’S ESTIMATED ANNUAL REQUIREMENT

4.3.1. On or before the Effective Date of this Agreement, the Authority shall prepare
       and approve an Annual Budget for the remaining portion of the Fiscal Year.
       Thereafter, the Authority will prepare an Annual Budget no later than July 1.

4.3.2. If no protest or request for a hearing on such proposed budget is presented within
       thirty (30) days after such filing of the Annual Budget by the Authority, the



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      Annual Budget when so approved shall be considered for all purposes as the
      Authority’s Estimated Annual Requirement for the next ensuing Fiscal Year.

4.3.3. If protest or request for a hearing is duly filed, the Authority shall fix the date and
       time for a hearing on the Annual Budget within thirty (30) days and so advise
       each Member in writing. At the conclusion of the hearing, the Authority may
       adopt the Annual Budget as the Authority’s Estimated Annual Requirement or
       make such amendments thereof and the Annual Budget when so approved by the
       Authority shall be the Authority’s Estimated Annual Requirement for the next
       ensuing Fiscal Year.

4.4.   MEMBERS’ ESTIMATED ANNUAL REQUIREMENT

4.4.1. Each Member is required to pay to Authority the Member’s Estimated Annual
       Requirement. A Member’s Estimated Annual Requirement is comprised of two
       parts. The first part is the Member’s Estimated Annual Payment. The second part
       is each Member’s True-Up. Each Member’s Estimated Annual Requirement shall
       be paid to the Authority in twelve (12) equal monthly installments due on or
       before the 10th of each month.

4.4.2. The first component of a Member’s Estimated Annual Requirement is the
       Member’s Estimated Annual Payment. The Member’s Estimated Annual
       Payment shall be calculated as a pro-rata share of the Authority’s Estimated
       Annual Requirement. Each Member’s Estimated Annual Payment shall be
       calculated by multiplying the Member’s Estimated Proportionate Share by the
       Authority’s Estimated Annual Requirement.

4.4.3. The second component of a Member’s Estimated Annual Requirement is the
       payment of the Member’s True-Up calculated for the previous year. At the end of
       each Fiscal Year, the Authority will determine the Authority’s Actual Annual
       Requirement for ending Fiscal Year. The Authority will then calculate the
       Member’s Actual Annual Payment by first calculating the Member’s Actual
       Proportionate Share and multiplying by the Authority’s Actual Annual
       Requirement. The difference between the actual Member’s Estimated Annual
       Payment and the Member’s Actual Annual Payment shall be the Member’s True-
       Up. The True-Up shall be a credit or debit of the Member’s and shall be applied
       to the Member’s Estimated Annual Requirement for the next Fiscal Year.

4.5.   ANNUAL REPORT AND AUDIT

       Authority shall, at the close of each Fiscal Year, cause to be prepared an when
       prepared shall furnish to Members an Annual Report and Audit of System
       prepared by a competent and independent certified public accountant. Such report
       shall contain such matters and information as may be considered necessary and
       useful by the Members and the Authority. Members may perform an independent
       audit of the costs comprised in the Authority’s Annual Requirement; however,
       such audit shall be at the cost and expense of the Member(s).

                                  ARTICLE V
                         SYSTEM DEVELOPMENT CHARGE

5.1    Each Member, within the Authority’s Service Area, agrees to collect at the point
       of issuance of a building permit within its jurisdiction a System Development
       Charge comprised of a fee of not less than $1000 per residence (in the case of
       single-family dwellings) or not less than $1000 per residential equivalent (in the
       case of multi-family construction, apartment complexes, businesses and office
       buildings, industrial developments and the like), the proceeds of which will be
       contributed by each Member to the Authority for use in defraying the cost of
       development of the System.

5.2    Each Member, outside the Authority’s Service Area may establish a System
       Development Charge per residence or residential equivalent, the proceeds of



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      which will be contributed by each Member to the Authority for use in defraying
      the cost of development of the System.

5.3    Authority agrees to require of each Member, and/or User/Utility to collect the
       System Development Charge described in Section 5.1.

                                   ARTICLE VI
                               GENERAL PROVISIONS

6.1 RESERVED
6.2 CONSTRUCTION OF AGREEMENT.
       Each party, with the assistance of competent legal counsel, has participated in the
       drafting of this Agreement and any ambiguity should not be construed for or
       against any party on account of such drafting.

6.3 WAIVER OR BREACH.

       No waiver or indulgence of any breach or series of breaches of this Agreement
       shall be deemed or construed as a waiver of any breach of the same or any other
       provision hereof or affect the enforceability of any part or all of this Agreement.
       No waiver shall be valid unless executed in writing by the waiving party.

6.4 AWARENESS OF CONTENTS/LEGAL EFFECT

       The parties expressly declare and represent that they have read this Agreement
       and that they have consulted with their respective counsel regarding the meaning
       of the terms and conditions contained herein. The parties further expressly
       declare and represent that they full understand the content and effect of this
       Agreement and they approve and accept the terms and conditions contained
       herein, and that the Agreement is executed freely and voluntarily.

6.5 AGREEMENT BINDING ON ALL.

       This agreement shall be binding upon and shall inure to the benefit of each of the
       parties, and each of their respective agents, employees, directors, officers,
       attorneys, representatives, principals, shareholders, sureties, parents, subsidiaries,
       affiliates, successors, predecessors, assigns, trustees or receivers appointed to
       administer their assets, and attorney of any and all such individuals or entities.
       All the convents contained in this Agreement are for the express benefit of each
       and all such persons described in this Section. This Agreement is not intended to
       benefit any third parties.

6.6 SEVERABILITY.

       Should any non-material provision of this Agreement be held invalid or illegal,
       such invalidity or illegality shall not invalidate the whole of this Agreement, but,
       rather, the Agreement shall be construed as if it did not contain the invalid or
       illegal part, and the rights and obligations of the parties shall be construed and
       enforced accordingly.

6.7 CAPTIONS.

       The captions contained herein are included solely for convenience and shall not
       be construed as part of this Agreement or as full or accurate descriptions of the
       terms hereof.

6.8 CHOICE OF LAW.

       This Agreement shall be construed and enforced pursuant to the laws of the State
       of Mississippi.

6.9 AUTHORITY TO ENTER INTO AGREEMENT.




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      Each party represents and warrants that its respective obligations herein are legal
      and binding obligations of such party, that each party is fully authorized to enter
      into this Agreement, and that the persons signing this Agreement hereinafter for
      each party has been duly authorized to sign this Agreement on behalf of said
      party.

6.10   NOTICE

6.10.1 Any notice required under this Agreement shall be written and shall be served
       either by personal delivery, mail or fax.

6.10.2 In the case of service by personal delivery of fax, no additional time, in days, shall
       be added to the time in which a right may be exercised or any act may be done.

6.10.3 In the case of service by mail, notice must be deposited in a post office, mailbox,
       subpost office, substation, mail chute, or other like facility regularly maintained
       by the United States Postal Service, in a sealed envelope, with postage paid,
       addressed to the representative(s) of the party on whom it is to be served, at the
       office set forth below. The service is complete at the time of deposit. Any period
       of notice and any right to duty to do any act or make any response within any
       period or on a date certain after service of notice by mail shall be extended five
       (5) days. Any period of notice and any right or duty to do any act or make any
       response within any period or on a date certain after service of notice by express
       mail or other method of delivery providing for overnight delivery shall be
       extended by two (2) court days.

6.10.4 Any notice required by this Agreement shall be served on the following
       representative(s) of the parties:
              Executive Director
              DeSoto County Regional Utility Authority
              355 Losher Street Suite 300
              Hernando, MS 38632

               Mayor
               City of Olive Branch
               9200 Pigeon Ridge Road
               Olive Branch, MS 38654

               Mayor
               City of Horn Lake
               3101 Goodman Road
               Horn Lake, MS 38637

               Mayor
               City of Southaven
               8710 Northwest Drive
               Southaven, MS 38671

               Mayor
               City of Hernando
               475 W. Commerce Street
               Hernando, MS 38632

               Mayor
               Town of Walls
               5000 Highway 61 West
               Walls, MS 38680

The parties may, upon written notice, add or substitute representatives or addresses.

6.11   AMENDMENTS OR CHANGES TO AGREEMENT




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      Any amendments or changes to this Agreement must be in writing, signed by a
      duly authorized representative of the parties hereto, and must expressly state the
      mutual intent of the parties to amend the Agreement as set forth herein.

6.12    FORCE MAJURE

6.12.1 Should the Authority be forced to suspend, reduce, or interrupt service to Walls
       Water because of any emergency condition reasonably beyond the control of the
       Authority, including, without limitation, floods, fires, ice, windstorms, lightning,
       equipment failure, strikes, lockouts, Acts of God, or of the public enemy, or acts,
       orders or directives of the Federal or State Government or Court, then Authority
       need not deliver any services that it is unable to deliver by reason of such
       conditions; nor shall Walls Water be required to pay any charges for services not
       delivered. In the event a suspension of service is necessary as a consequence of a
       Force Majeure event, Authority will notify Walls Water as soon as reasonable
       possible. Authority will use best efforts to resume service following an event of
       Force Majeure.

6.12.2 In the event either party hereto shall be rendered unable wholly or in part to carry
       out its obligations under this Agreement as a result of the occurrence of a Force
       Majeure, then the affected party shall give notice and full particulars of such
       Force Majeure in writing to the other party within a reasonable time after
       occurrence of the event or cause relied on, the obligation of the party giving such
       notice, so far as it is affected by such Force Majeure, shall be suspended during
       the continuance of the inability then claimed, but for no longer period, and any
       such party shall endeavor to remove or overcome such inability with all
       reasonable dispatch.

6.13    DEFAULT

6.13.1 Default by a Member. Each of the following constitutes a default by a Member
       under this Agreement: (i) a Member fails to pay any amount of a bill, including
       any applicable interest and penalties, within ninety (90) days of the due date; (ii)
       a Member fails to perform or observe any obligation, condition, or term of, or
       arising from, this Agreement that it is to perform or observe and such failure
       continue ninety (90) days following a notice of default; or (iii) a Member fails to
       perform, observe or enforce any terms of its sewer use ordinance.

6.13.2 Default of Authority. Each of the following constitutes a default by Authority
       under this Agreement: (i) Authority fails to accept and treat the Wastewater
       transported to the Point of Entry by a Member; (ii) Authority fails to perform or
       observe any obligation, condition, or term of, or arising from, this Agreement that
       it is to perform or observe and such failure continue ninety (90) days following a
       notice of default.

6.14    REMEDIES

In the event of a default, the parties shall have the following rights and remedies:

6.14.1 Specific Performance. Authority and Members agree and recognize that the
       rights and obligations set forth in the Agreement are unique and of such a nature
       as to be inherently difficult or impossible to value monetarily. If one party does
       not perform in accordance with the specific wording of any of the provisions in
       this Agreement applicable to that party, defaults, or otherwise breaches this
       Agreement, an action at law for damages or other remedies at law should be
       wholly inadequate to protect the unique rights and interest of the other party to
       the Agreement. Accordingly, in any court controversy concerning this
       Agreement, the Agreement’s provisions or any obligation arising there from will
       be enforceable in a court of equity by specific performance. The specific
       performance remedy is not exclusive and is in addition to any other remedy
       available to the parties.




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6.14.2 Cumulative Rights and Remedies. The parties do not intend that any right or
       remedy given to a party on the breach of any provision under this Agreement be
       exclusive. Each such right or remedy is cumulative and in addition to any other
       remedy provided in the Agreement or otherwise available at law or in equity. If
       the non-breaching party fails to exercise or delays in exercising any right or
       remedy, the non-breaching party does not thereby waive that right or remedy.
       Furthermore, no single or partial exercise of any right, power or privilege
       precludes any further exercise of a right, power, or privilege granted by this
       Agreement or otherwise.

6.14.3 Attorney’s Fees. In the event that either party is required to pursue any action in
       any court to enforce the obligations, conditions, and terms of this Agreement
       against the other party, the prevailing party shall be entitled to recover all its costs
       and expenses, including, but not limited to, reasonable attorneys’ fees and expert
       witnesses as may be determined and awarded by the Court having jurisdiction
       over the matter.

6.14.4 Forum for Any Claim or Action. Any claim or action brought by any party
       relating to this Agreement and its subject matter shall be brought in the Chancery
       or Circuit Courts of DeSoto County.

6.15    ENFORCEMENT OF AGREEMENT

        In enforcing the performance of the provisions of this contract, both parties shall
        have the right to exercise of all procedures available under the law including, but
        without limiting the generality of the right to make application for a mandatory
        injunction. It is not intended by the parties hereby to specify any, nor shall this
        Agreement be considered to specify, any exclusive remedy for any default, and
        all such other remedies existing at law or inequity may be availed by any party
        hereto and shall be cumulative. Recognizing, however, that the Authority is
        undertaking to provide and maintain the services of the System is an obligation,
        failure in the performance of which cannot be adequately compensated by money
        damages alone, the parties agree that, in the event of any defaults, that each party
        shall have available to it the equitable remedy of specific performance in addition
        to any other legal or equitable remedy which may be available. No waiver or
        waivers of any breach of this Agreement or default in the performance of this
        Agreement by either party shall be deemed to be a waiver thereof in the future,
        nor shall any such waiver or waivers be deemed or construed to be a waiver of
        subsequent breached or defaults of any kind, character, or description, under any
        circumstances.


                             REMAINDER OF PAGE LEFT BLANK




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                IN WITNESS WHEREOF, the parties hereto, acting under authority of
their respective governing bodies, have caused this Agreement to be duly executed in
several counterparts, each of which shall constitute an original, all as of the ____ day of
___________, 2005.

                                              DESOTO COUNTY REGIONAL UTILITY
AUTHORITY


                                              BY:

                                                      B. J. PAGE, CHAIRMAN

ATTEST:


LEEANN ELROD, CLERK

                                      CITY OF HERNANDO


                                      BY:     ____________________________________

                                              CHIP JOHNSON, MAYOR

ATTEST:


_______________________________________
JANNETT RILEY, CITY CLERK


                                      CITY OF HORN LAKE


                                      BY:     ____________________________________
                                              NAT BAKER, MAYOR

ATTEST:


_______________________________________
DIANE T. STEWART, CITY CLERK


                                      CITY OF OLIVE BRANCH


                                      BY:     ____________________________________
                                              SAMUEL RIKARD, MAYOR

ATTEST:


_______________________________________
JUDY HERRINGTON, CITY CLERK




                            MINUTE BOOK 20, PAGE # 04072006   -20
 CITY OF HERNANDO         REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
                              CITY OF SOUTHAVEN


                                     BY:
                                             GREG DAVIS, MAYOR

ATTEST:


___________________________________
GLENDA SMALLWOOD, CITY CLERK


                                     TOWN OF WALLS


                                     BY:     ____________________________________
                                             GENE ALDAY, MAYOR

ATTEST:


_______________________________________
CAROL GRACE, CITY CLERK

         Motion was duly made by Alderman Miller, seconded by Alderman Higdon to
adopt the foregoing Service Agreement for the Treatment of Wastewater and authorize
Mayor Johnson to sign said resolution. A roll call vote was taken with the following
results:
         Those voting “Aye”: Alderman Higdon, Alderman Tipton, Alderman Lauderdale,
Alderman Bryant, and Alderman Miller.
         Those voting “Nay”: None.
         ORDERED AND DONE this the 4th day of April, 2006.



AUTHORIZE MAYOR JOHNSON TO SIGN 3 YEAR CONTRACT WITH GREG
 ROBERTS FIRE HYDRANT REPAIR & SUPPLY FOR MAINTAINING FIRE
                        HYDRANTS

         Motion was duly made by Alderman Tipton, seconded by Alderman Miller to
authorize Mayor Johnson to sign a 3 year contract with Greg Roberts Fire Hydrant Repair
& Supply for maintaining fire hydrants. A roll call vote was taken with the following
results:
         Those voting “Aye”: Alderman Tipton, Alderman Lauderdale, Alderman Bryant,
Alderman Miller, and Alderman Higdon.
         Those voting “Nay”: None.
         ORDERED AND DONE this the 4th day of April, 2006.


   AUTHORIZE MAYOR, ALDERMEN, CITY ATTORNEY, DEPARTMENT
   HEADS, TO ATTEND MML CONVENTION AND AUTHORIZE TO ISSUE
   CHECKS FOR REGISTRATION AND TRAVEL EXPENSES – JULY 24-27

       Motion was duly made by Alderman Higdon, seconded by Alderman Miller to
authorize Mayor, Aldermen, City Attorney, and Department Heads to attend MML
Convention and authorize to issue checks for registration and travel expenses. A roll call
vote was taken with the following results:
        Those voting “Aye”: Alderman Lauderdale, Alderman Bryant, Alderman Miller,
Alderman Higdon, and Alderman Tipton.
        Those voting “Nay”: None.
        ORDERED AND DONE this the 4th day of April, 2006.


                           MINUTE BOOK 20, PAGE # 04072006   -21
 CITY OF HERNANDO         REGULAR MEETING APRIL 4, 2006
___________________________________________________________________

   AUTHORIZE DANIEL SPOONER TO ATTEND POLICE ACADEMY AND
    AUTHORIZE TO ISSUE CHECKS FOR REGISTRATION AND TRAVEL
                          EXPENSES

        Motion was duly made by Alderman Bryant, seconded by Alderman Miller to
authorize Daniel Spooner to attend the Police Academy and authorize to issue checks for
registration and travel expenses. A roll call vote was taken with the following results:
        Those voting “Aye”: Alderman Bryant, Alderman Miller, Alderman Higdon,
Alderman Tipton, and Alderman Lauderdale.
        Those voting “Nay”: None.
        ORDERED AND DONE this the 4th day of April, 2006.



                         AUTHORIZE TO HIRE FIREMAN

        Motion was duly made by Alderman Higdon, seconded by Alderman Bryant to
accept the recommendation of Chief Jones and hire Bennie Sims Lewers III as a fireman
to serve at the will and pleasure of the Mayor and Board of Aldermen and to abide by the
laws of the State of Mississippi. A roll call vote was taken with the following results:
        Those voting “Aye”: Alderman Miller, Alderman Higdon, Alderman Tipton,
Alderman Lauderdale, and Aldermen Bryant.
     Those voting “Nay”: None.
     ORDERED AND DONE this the 4th day of April, 2006.




   AUTHORIZE MAYOR TO SIGN AGREEMENT HIRING SLAUGHTER &
           ASSOCIATES AS ANNEXATION CONSULTANT

        Motion was duly made by Alderman Higdon, seconded by Alderman Tipton to
authorize Mayor Johnson to sign agreement hiring Slaughter & Associates as annexation
consultant. A roll call vote was taken with the following results:
        Those voting “Aye”:          Alderman Higdon, Alderman Tipton, Alderman
Lauderdale, Aldermen Bryant, and Alderman Miller.
     Those voting “Nay”: None.
     ORDERED AND DONE this the 4th day of April, 2006.




   AUTHORIZE TO SELL LITTER CONTROL TRUCK #54 AT CRENSHAW
                           AUCTION

        Motion was duly made by Alderman Bryant, seconded by Alderman Tipton to
authorize to sell litter control truck #54 at Crenshaw auction. A roll call vote was taken
with the following results:
        Those voting “Aye”: Alderman Tipton, Alderman Lauderdale, Aldermen Bryant,
Alderman Miller, and Alderman Higdon.
     Those voting “Nay”: None.
     ORDERED AND DONE this the 4th day of April, 2006.




                           MINUTE BOOK 20, PAGE # 04072006   -22
 CITY OF HERNANDO         REGULAR MEETING APRIL 4, 2006
___________________________________________________________________
              EXECUTIVE SESSION – POLICE PERSONNEL

        Motion was duly made by Alderman Tipton, seconded by Alderman Higdon to
go into executive session for police personnel. A roll call vote was taken with the
following results:
        Those voting “Aye”: Alderman Lauderdale, Aldermen Bryant, Alderman
Miller, Alderman Higdon, and Alderman Tipton.
     Those voting “Nay”: None.
     ORDERED AND DONE this the 4th day of April, 2006.




                          OUT OF EXECUTIVE SESSION

       Motion was duly made by Alderman Higdon, seconded by Alderman Tipton to
come out of executive session. A roll call vote was taken with the following results:
       Those voting “Aye”: Aldermen Bryant, Alderman Miller, Alderman Higdon,
Alderman Tipton, and Alderman Lauderdale.
    Those voting “Nay”: None.
    ORDERED AND DONE this the 4th day of April, 2006.




                        AUTHORIZE TRAVEL EXPENSES

        Motion was duly made by Alderman Miller, seconded by Alderman Tipton to
authorize to pay travel expenses and issue checks for City Clerk, Planner, City Attorney,
Mayor Pro-Temp and any other necessary personnel needed for bankruptcy court
regarding Viking in Aberdeen. A roll call vote was taken with the following results:
        Those voting “Aye”: Alderman Miller, Alderman Higdon, Alderman Tipton,
Alderman Lauderdale, and Aldermen Bryant.
     Those voting “Nay”: None.
     ORDERED AND DONE this the 4th day of April, 2006.




                                       RECESS


        There being no further business at this time a motion was duly made by Alderman
Higdon seconded by Alderman Bryant to recess until April 10, 2006 at 7:30 p.m. for
police personnel.
        Motion passed with a unanimous vote of “Aye”.




                                                       CHIP JOHNSON, MAYOR

ATTEST:

_____________________________
 JANNETT RILEY, CITY CLERK


Note: The recessed meeting was cancelled and a notice was posted
for the public.

                           MINUTE BOOK 20, PAGE # 04072006   -23

				
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