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CITY OF HERNANDO REGULAR MEETING MAY 4_ 1999

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CITY OF HERNANDO REGULAR MEETING MAY 4_ 1999 Powered By Docstoc
					 CITY OF HERNANDO                REGULAR MEETING JULY 19, 2005
___________________________________________________________________
        The Mayor and Board of Aldermen of the City of Hernando met in regular session
at City Hall on Tuesday, July 19, 2005 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 and Kenny Stockton
– City Attorney, Mike Riley – Police Chief, Hubert Jones – Fire Chief/EMS Director,
Mark Pressgrove, Joe Frank Lauderdale, Bob Barber – Director of Planning, Paul
McElyea, Barry Sutton, and Robert Long.


                                   INVOCATION

       Alderman Jamie Tipton gave the invocation.
.


                             APPROVAL OF AGENDA


       Motion was duly made by Alderman Higdon, seconded by Alderman Miller 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 19th day of July, 2005.


                                AGENDA
                           CITY OF HERNANDO
                      MAYOR AND BOARD OF ALDERMEN
                           REGULAR MEETING
     JULY 19, 2005                                                     6:00 P.M.

1) MEETING CALLED TO ORDER

2) INVOCATION

3) APPROVE AGENDA

4) APPROVE DOCKET OF CLAIMS

5) APPROVE MINUTES

6) PLANNING COMMISSION – BOB BARBER
       I) APPLICATION BY GEORGE READY ON BEHALF OF SHIRLEY
          WILKINSON TO REZONE ONE ACRE LOCATED AS 1431 HIGHWAY
          51 SOUTH FROM R-12 TO C-1 NEIGHBORHOOD COMMERCIAL
       II) APPLICATION BY WARREN CALLICUT FOR PRELIMINARY
           SUBDIVISION APPROVAL (SHOPS OF HERNANDO) TO SUBDIVIDE
           7.21 ACRES INTO TWO LOTS, LOCATED IN THE NORTHEAST
           CORNER OF COMMERCE AND MCINGVALE
       III) APPLICATION BY WARREN CALLICUT FOR FINAL SUBDIVISION
            APPROVAL (SHOPS OF HERNANDO PHASE I - WALGREEN'S) TO
            SUBDIVIDE 1.82 ACRES, LOCATED IN THE NORTHEAST CORNER
            OF COMMERCE AND MCINGVALE
       IV) APPLICATION BY PAUL MCELYEA TO REVISE THE ORIGINAL
           TOWN PLAT NEAR THE NORTHWEST CORNER OF THE TOWN
           SQUARE
7) APPOINT BOB BARBER AS DIRECTOR OF PLANNING


                            MINUTE BOOK 20, PAGE #0719005   -1
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
                         AGENDA CONTINUED

8) APPOINT PRESERVATION COMMISSION

9) APPROVE RESOLUTION OF CONSENT TO ASSIGNMENT AND CHANGE OF
   CONTROL FROM TIME WARNER ENTERTAINMENT CO. TO COMCAST
   CABLE COMMUNICATIONS HOLDINGS, INC.

10) APPROVE PROCLAMATION FOR NATIONAL KIDS DAY

11) AUTHORIZE CHIP JOHNSON AND GARY HIGDON TO ATTEND EEOC 2005
    TECHNICAL ASSISTANCE PROGRAM SEMINAR AND AUTHORIZE TO
    ISSUE CHECKS FOR REGISTRATION AND TRAVEL

12) AUTHORIZE DEPARTMENT HEADS AND CITY ATTORNEY TO ATTEND
    28TH ANNUAL MISSISSIPPI EMPLOYMENT LAW SEMINAR AND
    AUTHORIZE TO ISSUE CHECKS FOR REGISTRATION AND TRAVEL

13) AUTHORIZE TO HIRE JULIE HARRIS AS ADMINISTRATIVE ASSISTANT/
    GRANT COORDINATOR AUGUST 1, 2005

14) AUTHORIZE TO DISPOSE OF ALL SURPLUS OFFICE EQUIPMENT

15) ACCEPT PROPOSAL FOR TELEPHONE SYSTEM FOR FIRE STATION #3

16) ANNEXATION OF SUBDIVISIONS

17) WAIVE BUILDING PERMIT FEES ON CENTRAL MAINTENANCE

18) APPROVE BUDGET AMENDMENT

19) AUTHORIZE ACCEPTANCE OF OLD HIGH SCHOOL FOOTBALL FIELD
    FROM DESOTO COUNTY BOARD OF EDUCATION AND AUTHORIZE
    MAYOR JOHNSON TO SIGN NECESSARY DOCUMENTS

20) AUTHORIZE TO HIRE CARLA ELAINE CHAMPION AS POLICE
    DEPARTMENT ADMINISTRATIVE ASSISTANT

21) AUTHORIZE TO RAISE CHARLES TERRY – PROMOTION FROM SGT. TO
    LT.

22) AUTHORIZE TO RAISE FREDDIE NEWSON – PROMOTION FROM
    PATROLMAN TO SGT.

23) AUTHORIZE TO RAISE JASON SCALLORN – PROMOTION FROM
    PATROLMAN TO SGT.

24) AUTHORIZE TO HIRE RODGER DEAN CLARK AS CERTIFIED PATROLMAN

25) AUTHORIZE TO HIRE MELISSA IRENE HILL AS DISPATCHER

26) AUTHORIZE TO ADVERTISE FOR BIDS FOR STREET OVERLAY

27) ADOPT RESOLUTION AUTHORIZING MAYOR JOHNSON TO SIGN
    NECESSARY DOCUMENTS FOR DWSI PROJECT

28) AUTHORIZE APRIL WEST TO ATTEND CERTIFICATION PROGRAM FOR
    DEPUTY CLERKS AND AUTHORIZE TO ISSUE CHECK FOR REGISTRATION
    AND TRAVEL EXPENSES




                       MINUTE BOOK 20, PAGE #0719005   -2
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
                         AGENDA CONTINUED

29) AUTHORIZE CITY ATTORNEY TO OBTAIN THREE APPRAISAILS ON
    PROPERTY LOCATED AT INTERSECTION OF EAST COMMERCE AND
    MCINGVALE

30) RECESS MEETING UNTIL JULY 21, 2005 6:00 FOR TRAINING



                         APPROVE DOCKET OF CLAIMS


        The Board of Aldermen were presented with a docket of claims No.62810 to
62981 in the amount of $963,196.32 for approval.
        Motion was duly made by Alderman Miller seconded by Alderman Higdon to
approve the docket of claims for payment as presented. A roll call vote was taken with
the following results:
        Those voting “Aye”: Alderman Miller, Alderman Higdon, Alderman Tipton, and
Alderman Lauderdale.
        Those abstaining: Alderman Bryant.
        Those voting “Nay”: None.
        ORDERED AND DONE this the 19th day of July, 2005.




                                APPROVE MINUTES


        Motion was duly made by Alderman Tipton seconded by Alderman Higdon to
approve the minutes of the previous meeting with a correction on page 12 “Order
Appointing Building Committee” change Insurance Committee to Building Committee.
A roll call vote was taken with the following results:
        Those voting “Aye”: Alderman Miller, Alderman Higdon, Alderman Tipton, and
Alderman Bryant.
        Those abstaining: Alderman Lauderdale.
        Those voting “Nay”: None.
        ORDERED AND DONE this the 19th day of July, 2005.


APPLICATION BY GEORGE READY ON BEHALF OF SHIRLEY WILKINSON
TO REZONE ONE ACRE LOCATED AS 1431 HIGHWAY 51 SOUTH FROM R-
            12 TO C-1 NEIGHBORHOOD COMMERCIAL

       Mr. Barber presented the Mayor and Board of Aldermen with the following Staff
Report and plat map.


STAFF REPORT
HERNANDO PLANNING COMMISSION
NAME: Wilkinson C-1 Rezoning
PROPOSAL: Rezone 1 plus acres from R-12 to C-1
LOCATION: West side of 51, South of Parkway

APPLICANT: George Ready
REPRESENTATIVE: Same
MEETING DATE: Planning Commission - June 14, 2005
PRIOR ACTION: None




                            MINUTE BOOK 20, PAGE #0719005   -3
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________

PROJECT DESCRIPTION: Rezone existing home

SITE DESCRIPTION: Property contains an existing home.



VICINITY INFORMATION:

 Direction               Zoning                  Planned Use             Current Use
                         R-12                    Low Density             Residential
 North                                           Residential
                         R-6, C-2                Residential/            Vacant
 East                                            Commercial
 South                   C-2                     Commercial              Vacant
                         Industrial              Commercial              Commercial/
 West                                                                    Industrial

AGENCIES CONTACTED: Public Works Director, City Engineer


FINDINGS:

1.Future Land Use line between commercial and residential must be
interpreted
2.Alternative consideration would be Office zoning to achieve buffer
between commercial and residential areas to the north
3.Site is non mapped so attached policies apply
4.Should property to the north request a commercial zone change, a “strip”
commercial pattern will begin to develop in conflict with the City of
Hernando General Development Plan

STAFF RECOMMENDATION:


I.      Consideration of Office in the alterative of commercial. Office zoning
        does allow for light retailing
II.     Consideration of attached Land Use Policies in evaluating the
        proposal


SUPPORTING DOCUMENTS:

Plat mat


LEGAL CRITERIA:

       The burden is on the applicant to show that a clerical error exists in
the zoning classification or that the area has changed to a sufficient degree
to justify the rezoning and that a public need exists for the rezoning.

                Mr. Barber informed the Mayor and Board of Aldermen that the Planning
Commission recommended to amend the application for rezoning from C-1 Neighborhood
Commercial to Office and unanimously approved this recommendation. There were no
objections at the Planning Commission meeting.

       Mr. George Ready was present to represent this application on behalf on Shirley
Wilkerson and answer any questions that may arise. Mr. Ready asked the Board to consider



                            MINUTE BOOK 20, PAGE #0719005   -4
  CITY OF HERNANDO                  REGULAR MEETING JULY 19, 2005
___________________________________________________________________
C-1 because this will give the owner more financial options. The Whitfield’s property to the
south has left the house on the front facing Highway 51, but uses the back of the lot to park
large trucks. Mr. Ready reviewed the changes in the area and stated the property south of
Mrs. Wilkerson’s property had been rezoned to C-2, north is R-12, East is R-6 and C-2, and
West of the property is Industrial. Mrs. Wilkerson would agree to not allowing convenience
markets and C-1 would be a reasonable flow of adjustment from one zone to another.
         Mr. Barber stated that the concern for C-1 was 24-hour convenience stores, car
washes, etc. with traffic in and out.
         Mr. Ready suggested that they could put a restriction in the deed and the restrictive
covenants.
          Alderman Lauderdale asked what is allowed uses in C-1 and Mr. Barber read the
allowed uses for C-1 and O zoning.
         Alderman Tipton stated that he hated to see us excluding things from zonings.
         Alderman Miller asked what use is there in C-1 and not in office.
         Mr. Barber briefly went over the differences.
         Mr. Ready pointed out that there is 26 allowed uses in C-1 and 5 allowed uses in O.
         Mr. Barber gave the option for consideration, of changing to C-4, which would
require a planned business list.
         Motion was duly made by Alderman Tipton, seconded by Alderman Miller to
accept the Planning Commission recommendation and rezone the property to Office. A
roll call vote was taken with the following results:
          Those voting “Aye”: Alderman Tipton, Alderman Lauderdale, Alderman Bryant,
and Alderman Miller.
          Those voting “Nay”: Alderman Higdon .
          ORDERED AND DONE this the 19th day of July, 2005.




APPLICATION BY WARREN CALLICUT FOR PRELIMINARY SUBDIVISION
  APPROVAL (SHOPS OF HERNANDO) TO SUBDIVIDE 7.21 ACRES INTO
 TWO LOTS, LOCATED IN THE NORTHEAST CORNER OF COMMERCE
                      AND MCINGVALE

        Mr. Barber presented the Mayor and Board of Aldermen with a copy of the
following staff report as presented to the Planning Commission.


STAFF REPORT
HERNANDO PLANNING COMMISSION

NAME: The Shops at Hernando
PROPOSAL: 2 Lots out of 7.21 Acres
LOCATION: Northeast corner of McIngvale and Commerce

APPLICANT: Warren Callicut
REPRESENTATIVE: Jeff Williams, Engineer
MEETING DATE: July 12, 2005
PRIOR ACTION: Divide site to accommodate commercial development

PROJECT DESCRIPTION: See above

SITE DESCRIPTION: Site is vacant and has been graded

VICINITY INFORMATION:

 Direction                Zoning                    Planned Use              Current Use
 North                    C-2                       Commercial               Vacant
                          HOA Green space/          Residential              Residential/        Green
 East                     Creekside                                          space



                              MINUTE BOOK 20, PAGE #0719005   -5
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
 South                    PUD                      Commercial                Wal Mart
 West                     C-2                      Commercial                Residential

AGENCIES CONTACTED: Engineer, Public Works Director, and Fire Chief

FINDINGS:

1.Portion of the corner has been acquired by eminent domain to correct the Commerce/
McIngvale Intersection
2.Street Layout complies with Master Transportation Plan
3.Major drain ways from the northern and eastern borders of the site. Clarification of the
treatment of these drain ways will be required.
4.Property is zoned C-2
5.Other findings may be delivered

STAFF RECOMMENDATIONS:

1.Clarify treatment of drain ways, subject to the approval of the City of Hernando
2.Maintain tree growth on the north and east of the site
3.All building shall be subject to the Design Standards of the City of Hernando
4.Improve the frontage of Commerce Street and McIngvale
5.Sidewalks shall be required internally and externally
6.Other recommendations may be delivered

SUPPORTING DOCUMENTS:

               1. Plat




                              MINUTE BOOK 20, PAGE #0719005   -6
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________

         Mr. Barber went over the application for preliminary and final subdivision
approval (to be considered in next item on agenda). The Planning Commission
recommended approval subject to staff recommendations and subject to the city engineer’s
approval.
         Mr. Jeff Williams with Daniels Williams Engineering, was present to represent this
application and answer any questions the Commission might have. Mr. Williams stated that
the developer has agreed to all staff recommendations.
         It was also recommended that the developer construct the road to Creekside in
Phase 1.
         Alderman Higdon asked about the lighting.
         Mr. Barber stated that the City has asked for a plan on site lighting and have
recommended the type of lighting that is at Wal-Mart. The interior street is proposed as a
private street.
         Joe Frank Lauderdale, Consulting City Engineer, requested that Scott Griffin with
Soil Conservation Service, should be asked to look at the ditch and give a recommendation as
to the need to make improvements to the ditch. Mr. Griffin has looked at part of the ditch
when Wal-Mart was constructed to make sure of the drainage.
         Motion was duly made by Alderman Higdon, seconded by Alderman Lauderdale
 to accept the Planning Commission’s recommendations and approve the application for
 preliminary approval subject to staff recommendations, City Engineer’s approval, and
 subject to a 30’ landscape buffer from the top line of the bank of the ditch. 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 19th day of July, 2005.




     APPLICATION BY WARREN CALLICUT FOR FINAL SUBDIVISION
      APPROVAL (SHOPS OF HERNANDO PHASE I - WALGREEN'S) TO
    SUBDIVIDE 1.82 ACRES, LOCATED IN THE NORTHEAST CORNER OF
                     COMMERCE AND MCINGVALE
        Mr. Barber presented the Mayor and Board of Aldermen with the following staff
report and reviewed the staff recommendations as presented to the Planning Commission.

STAFF REPORT
HERNANDO PLANNING COMMISSION

NAME: Walgreen’s Subdivision (Preliminary as the Shops of Hernando)
PROPOSAL: 1 Lot out of 7.21 Acres
LOCATION: Northeast corner of McIngvale and Commerce

APPLICANT: Warren Callicut
REPRESENTATIVE: Jeff Williams, Engineer
MEETING DATE: July 12, 2005
PRIOR ACTION: Divide site to accommodate commercial development

PROJECT DESCRIPTION: See above

SITE DESCRIPTION: Site is vacant and has been graded

VICINITY INFORMATION:

  Direction               Zoning                   Planned Use              Current Use
  North                   C-2                      Commercial               Vacant
                          HOA Green space/         Residential              Residential/       Green
  East                    Creekside                                         space


                              MINUTE BOOK 20, PAGE #0719005   -7
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
South                     PUD                       Commercial               Wal Mart
West                      C-2                       Commercial               Residential

AGENCIES CONTACTED: Engineer, Public Works Director, and Fire Chief



FINDINGS:


               1. Portion of the corner has been acquired by eminent domain to correct
               the Commerce/ McIngvale Intersection
               2. Street Layout complies with Master Transportation Plan
               3. Property is zoned C-2
               4. Site is to accommodate a Walgreen's
               5. Other findings may be delivered

STAFF RECOMMENDATIONS:


       1.   Clarify treatment of drain ways, subject to the approval of the City of Hernando
       2.   Maintain tree growth on the north and east of the site
       3.   All building shall be subject to the Design Standards of the City of Hernando
       4.   Improve the frontage of Commerce Street and McIngvale
       5.   Sidewalks shall be required internally and externally
       6.   All standard conditions of platting and recording
       7.   Change name to Shops at Hernando Phase I
       8.   Other recommendations may be delivered

SUPPORTING DOCUMENTS:

               1. Plat




                              MINUTE BOOK 20, PAGE #0719005   -8
 CITY OF HERNANDO                REGULAR MEETING JULY 19, 2005
___________________________________________________________________
       Mr. Barber went over the application for final subdivision approval for Lot 1,
Shops of Hernando. The Planning Commission recommended approval subject to the
drive being developed and the staff recommendations.
       Mr. Jeff Williams was present to represent this application and answer any questions
the Board might have.

        Motion was duly made by Alderman Miller, seconded by Alderman Tipton to accept
the Planning Commission recommendation and approve the application for final subdivision
approval subject to staff recommendations.
        Those voting “Aye”: Alderman Lauderdale, Alderman Bryant, Alderman Miller,
Alderman Higdon, and Alderman Tipton.
        Those voting “Nay”: None.
        ORDERED AND DONE this the 19th day of July, 2005.

  APPLICATION BY PAUL MCELYEA TO REVISE THE ORIGINAL TOWN
    PLAT NEAR THE NORTHWEST CORNER OF THE TOWN SQUARE
         Prior to discussion, Alderman Lauderdale recussed himself and left the meeting.
         Mr. Bob Barber presented the Mayor and Board of Aldermen with the following
staff report and plat as presented to the Planning Commission.


STAFF REPORT
HERNANDO PLANNING COMMISSION

NAME: Revision of Town Lots #54 and 55
PROPOSAL: Reconfigure lots in town plan of 1832
LOCATION: North of old Kaptol Hardware Building East of Library

APPLICANT: Paul McElyea
REPRESENTATIVE: Joe Lauderdale, P.E.
MEETING DATE: July 12, 2005
PRIOR ACTION: Reconfigure old town lots to accommodate new building

PROJECT DESCRIPTION: See above

SITE DESCRIPTION: Site is vacant, former site of Banks Cotton Warehouse




VICINITY INFORMATION:

 Direction                Zoning                   Planned Use              Current Use
 North                    C-3                      Commercial               Burned Office
 East                     C-3                      Commercial               Commercial
 South                    C-3                      Commercial               Commercial
 West                     C-3                      Public                   Library

AGENCIES CONTACTED: Engineer, Public Works Director, and Fire Chief




                             MINUTE BOOK 20, PAGE #0719005   -9
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
FINDINGS:


               1. Site is in National Register Historic District
               2. Warehouse was removed form the site subject to Historically appropriate
                  building being replaced on the site
               3. Other findings may be delivered

STAFF RECOMMENDATIONS:

       1.   Reestablish Curb Line with side walk
       2.   Historic Preservation Commission to determine appropriateness of building
       3.   All standard conditions of platting and recording
       4.   Other recommendations may be delivered

SUPPORTING DOCUMENTS:                                                       Site

               1. Plat




          Mr. Barber explained that this application is a revision to old town lots 54 and 55
to shift the lot line 25’ to the north.
          Motion was duly made by Alderman Tipton, seconded by Alderman Bryant to
accept the Planning Commission recommendation and approve the application with the
staff recommendations and a notation of the old town lots should be placed on the plat. A
roll call vote was taken with the following results:
          Those voting “Aye”: Alderman Bryant, Alderman Miller, Alderman Higdon, and
Alderman Tipton.
          Those voting “Nay”: None.
          Alderman Lauderdale had recussed himself and left the room prior to
presentation.
          ORDERED AND DONE this the 19th day of July, 2005.




                             MINUTE BOOK 20, PAGE #0719005   -10
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
          APPOINT BOB BARBER AS DIRECTOR OF PLANNING

BE IT RESOLVED:
         That Bob Barber be and is hereby appointed as Director of Planning to serve at
the will and pleasure of the Mayor and Board of Aldermen and as such officer shall do
and perform all duties as the Mayor and Board of Aldermen may from time to time
impose.
          Motion was duly made by Alderman Higdon, seconded by Alderman Miller to
appoint Bob Barber as Director of Planning. 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 19th day of July, 2005.


                    APPOINT PRESERVATION COMMISSION

       Motion was duly made by Alderman Tipton, seconded by Alderman Higdon to
appoint Pam French, Jim Seay, Bill Brown, A. W. Bouchillon, W. E. Bingham, Leslie
Ballard, Sheri Fernandez, Doug Thorton, and Brian Goff to the Preservation Commission
to serve at the will and pleasure of the Mayor and Board of Aldermen. 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 19th day of July, 2005.



APPROVE RESOLUTION OF CONSENT TO ASSIGNMENT AND CHANGE OF
 CONTROL FROM TIME WARNER ENTERTAINMENT CO. TO COMCAST
           CABLE COMMUNICATIONS HOLDINGS, INC.


          CONSENT TO ASSIGNMENT AND CHANGE OF CONTROL

WHEREAS, Time Warner Entertainment Company, L.P. (“Franchisee”) operates a cable
television system in the City of Hernando, MS (“Franchise Authority”); and

WHEREAS, pursuant to a Redemption Agreement dated April 20, 2005 by and among;
Comcast Cable Communications Holdings, Inc.; MOC Holdco II, Inc.; TWE Holdings I
Trust: (1) the Franchisee cable system and franchise will be assigned in direct succession
to TWE Holding I LLC, then to Time Warner Cable Inc., then to Cable Holdco II, Inc.
(all Time Warner, Inc. subsidiaries) and (2) immediately thereafter, pursuant to the same
Redemption Agreement, all of the stock of Cable Holdco II, Inc. will be acquired by
MOC Holdco II, Inc., an indirect wholly-owned subsidiary of Comcast Cable
Communications Holdings, Inc. The assignments and change of control described herein
shall collectively be referred to as the “Transaction”; and

WHEREAS, Franchise Authority has concluded its approval is necessary for the above
described Transaction and has been provided an FCC Form 394 and related information
for such Transaction; and

WHEREAS, the Franchise Authority has considered and approves of the Transaction
described above.

NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:

SECTION 1. The foregoing recitals are approved and incorporated herein by reference.

SECTION 2. The Franchise Authority consents to the Transaction described herein.


                            MINUTE BOOK 20, PAGE #0719005   -11
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________

SECTION 3. This Resolution shall be deemed effective upon adoption.

SECTION 3. This Resolution shall have the force of a continuing agreement with the
Franchisee and the Franchise Authority shall not amend or otherwise alter this Resolution
without the consent of the Franchisee.

PASSED, ADOPTED AND APPROVED this the 19th day of July, 2005.



                                                     _____________________________
                                                           CHIP JOHNSON, MAYOR
ATTEST:

_______________________________
JANNETT RILEY, CITY CLERK




        Motion was duly made by Alderman Tipton, seconded by Alderman Higdon to
adopt the foregoing resolution. 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 19th day of July, 2005.




           APPROVE PROCLAMATION FOR NATIONAL KIDS DAY


        Mayor Johnson read aloud a “Proclamation for Nation Kids Day” setting aside the
first Sunday in August as National Kids Day.
        Motion was duly made by Alderman Higdon, seconded by Alderman Tipton to
adopt the “Proclamation for National Kids Day”. 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 19th day of July, 2005.



AUTHORIZE CHIP JOHNSON AND GARY HIGDON TO ATTEND EEOC 2005
 TECHNICAL ASSISTANCE PROGRAM SEMINAR AND AUTHORIZE TO
        ISSUE CHECKS FOR REGISTRATION AND TRAVEL

       Motion was duly made by Alderman Bryant, seconded by Alderman Miller to
authorize Chip Johnson and Gary Higdon to attend EEOC Seminar and authorize to issue
checks for registration and travel. A roll call vote was taken with the following results:
        Those voting “Aye”: Alderman Bryant, Alderman Miller, Alderman Tipton, and
Alderman Lauderdale.
        Those voting “Nay”: None.
        Alderman Higdon abstained from voting.
        ORDERED AND DONE this the 19th day of July, 2005.




                            MINUTE BOOK 20, PAGE #0719005   -12
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
  AUTHORIZE DEPARTMENT HEADS AND CITY ATTORNEY TO ATTEND
      28TH ANNUAL MISSISSIPPI EMPLOYMENT LAW SEMINAR AND
   AUTHORIZE TO ISSUE CHECKS FOR REGISTRATION AND TRAVEL

       Motion was duly made by Alderman Miller, seconded by Alderman Higdon to
authorize the department heads to attend Employment Law Seminar and authorize to
issue checks for registration and travel expenses. 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 19th day of July, 2005.



  AUTHORIZE KENNY STOCKTON TO ATTEND EEOC 2005 TECHNICAL
 ASSISTANCE PROGRAM SEMINAR AND AUTHORIZE TO ISSUE CHECKS
               FOR REGISTRATION AND TRAVEL

        Motion was duly made by Alderman Bryant, seconded by Alderman Miller to
authorize Kenny Stockton to attend EEOC Seminar and authorize to issue checks for
registration and travel. A roll call vote was taken with the following results:
         Those voting “Aye”: Alderman Bryant, Alderman Miller, Alderman Tipton, and
Alderman Lauderdale.
         Those voting “Nay”: None.
         Alderman Higdon abstained from voting.
         ORDERED AND DONE this the 19th day of July, 2005.




 AUTHORIZE TO HIRE JULIE HARRIS AS ADMINISTRATIVE ASSISTANT/
             GRANT COORDINATOR AUGUST 1, 2005

         Motion was duly made by Alderman Tipton, seconded by Alderman Higdon to
hire Julie Harris as Administrative Assistant/Grant Coordinator, effective August 1, 2005
at a rate of $13.00 per hour, 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 Tipton, Alderman Lauderdale, Alderman Bryant,
Alderman Miller, and Alderman Higdon.
         Those voting “Nay”: None.
         ORDERED AND DONE this the 19th day of July, 2005.



     AUTHORIZE TO DISPOSE OF ALL SURPLUS OFFICE EQUIPMENT

       Motion was duly made by Alderman Higdon, seconded by Alderman Bryant to
dispose of all surplus office equipment in a manner as prescribed by law. 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 19th day of July, 2005.




                            MINUTE BOOK 20, PAGE #0719005   -13
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
  ACCEPT PROPOSAL FOR TELEPHONE SYSTEM FOR FIRE STATION #3

         Pursuant to the Mississippi Code of 1972, Annotated, Section 31-7-13, two quotes
for a telephone system for Fire Station #3 were received and presented as follows:
                Matheson & Associates, LLC           $4,158.50
                Fant’s Telephone Service             $4,367.00
         Motion was duly made by Alderman Higdon, seconded by Alderman Tipton to
accept the low quote from Matheson & Associates, LLC in the amount of $4,158.50. 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 19th day of July, 2005.



                        ANNEXATION OF SUBDIVISIONS

       The following annexation ordinance was presented in writing pursuant to the
Mississippi Code of 1972, Annotated, to the Mayor and Board of Aldermen for adoption.


 AN ORDINANCE ENLARGING, EXTENDING AND DEFINING THE
   CORPORATE LIMITS AND BOUNDARIES OF THE CITY OF
  HERNANDO, DESOTO COUNTY, MISSISSIPPI, TO INCLUDE
    LANDS SITUATED IN DESOTO COUNTY, MISSISSIPPI


             BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN
                   OF THE CITY OF HERNANDO, MISSISSIPPI:

      SECTION 1. Public convenience and necessity requiring the same, that
the corporate boundaries and limits of the City of Hernando, DeSoto County,
Mississippi, be and the same are hereby extended and enlarged so as to
embrace the following adjacent unincorporated lands and territory in DeSoto
County, Mississippi, to-wit:

        SEE ATTACHED EXHIBIT A (4 pages in length), and to which exhibit
                  is incorporated herein by reference.

      SECTION 2. That the corporate limits and boundaries of the City of
Hernando, Mississippi, lying and being in DeSoto County, Mississippi, as
enlarged, extended and fixed in this Ordinance shall be as follows, to-wit:

        SEE ATTACHED EXHIBIT B (5 pages in length), and to which exhibit
                  is incorporated herein by reference.

       SECTION 3.        The City of Hernando shall make the following
improvements in said annexed territory to be completed within a reasonable time,
not to exceed five (5) years from the effective date of this Ordinance, unless
delayed by war or military preparedness:

       (a)     Improve existing streets and drainage;
       (b)     Install water lines, water service, sewage disposal lines, sewage
               treatment facilities and street lighting, where necessary,
               economically feasible and legally allowable;
       (c)     Said services shall be furnished in the same manner and to the
               same extent as such services are being furnished to the present
               citizens of the City of Hernando.




                            MINUTE BOOK 20, PAGE #0719005   -14
 CITY OF HERNANDO              REGULAR MEETING JULY 19, 2005
___________________________________________________________________
        SECTION 4. That the City of Hernando shall furnish to the said annexed
territory the following municipal and public services in the same manner and to
the same extent as such services are being furnished to the present citizens of
the municipality, such services to begin on the effective date of this Ordinance,
to-wit:

       (a)   Police Protection
       (b)   Fire Protection
       (c)   Garbage Removal
       (d)   Trash and other debris removal
       (e)   Animal and pest control
       (f)   Maintenance of existing streets
      (g)    The right to exercise the ballot in municipal elections upon
             registering and meeting all statutory and constitutional
             requirements and upon proper approval of the changes created by
             this Ordinance under the Voting Rights Act of 1965, as amended,
             and the use and benefit of all other municipal services and facilities
             furnished by the City of Hernando to all of the present citizens of
             the municipality.

SECTION 5. The City of Hernando, Mississippi, through its attorney, shall file a
petition in the Chancery Court of DeSoto County, Mississippi, which petition shall
recite the fact of the adoption of this Ordinance and shall pray for the approval,
ratification and confirmation by the said Chancery Court of the enlargement and
extension of the municipal boundaries and limits of the City of Hernando,
Mississippi, as herein fixed and determined. Said petition shall have attached
hereto a certified copy of this Ordinance and plat or map showing the boundaries
of the said City of Hernando, Mississippi, as they will exist in the event such
enlargement and extension becomes effective pursuant to this Ordinance.

       That the City Engineer for the City of Hernando be and is hereby
authorized and directed on behalf of the City of Hernando, Mississippi, to assist
in and do any and all acts necessary to complete said annexation, including
assisting the City Attorney as set forth above in preparing, filing and proceeding
with said annexation proceedings in the Chancery Court of DeSoto County,
Mississippi.

SECTION 6. That this Ordinance shall become effective ten (10) days after the
date of the entry of the Decree of the Chancery Court of DeSoto County,
Mississippi, ratifying, approving and confirming the enlargement and extension of
the boundaries of the City of Hernando, Mississippi as established by this
Ordinance and Decree of said Chancery Court.


      SO ORDAINED this the 19th day of July 2005.


                                                APPROVED:




                                         ________________________________
                                               CHIP JOHNSON, MAYOR

ATTEST:


__________________________
JANNETT RILEY, CITY CLERK
(SEAL)




                         MINUTE BOOK 20, PAGE #0719005   -15
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________




       I, JANNETT RILEY, the duly appointed, qualified, acting and lawful
custodian of the minutes of the Board of Aldermen and Seal of said city, certify
that the foregoing is a true and exact copy of an Ordinance passed by the Board
of Aldermen at it’s regular meeting of July 18, 2005 and recorded in Minute
Book 20.

WITNESS my signature and official seal of office this the ____ day of
__________, 2005.



       _____________________________________
                                   CITY CLERK


(SEAL)




040096




                                    EXHIBIT “A”

  DESCRIPTIONS OF NEW AREAS FOR ANNEXATION FOR THE CITY OF
                     HERNANDO (July 2005)


DESCRIPTION OF THE JEFFERSON SUBDIVISION TRACT LOCATED IN
SECTION 21; TOWNSHIP 3 SOUTH; RANGE 7 WEST; DESOTO COUNTY,
MISSISSIPPI.

Beginning at the intersection of the south right of way of Holly Springs Road ( 80 feet
wide) and the east right of way of Jaybird Road ( 80 feet wide); thence east 3240 feet
along the south right of way of Holly Springs Road to the northeast corner of the
Jefferson Subdivision tract; thence south 632.46 feet along the east line of said
subdivision to a point; thence east 780 feet to a point in the west line of the Gilbreath
tract; thence south 270 feet along the west line of said Gilbreath tract to a point; thence
west 3311 feet along the south line of said Jefferson Subdivision tract to a corner of the
North Mississippi Water Plant lot; thence north 100 feet to a point; thence west 730 feet
along the north line of said Water Plant lot to a point in the west right of way of Jaybird
Road ( 80 feet wide); thence north 1085 feet along the west road right of way to a point in
the south right of way of Holly Springs Road; thence east 80 feet to the point of
beginning and containing 100 acres more or less.



DESCRIPTION OF THE MAGNOLIA GARDENS SUBDIVISION TRACT IN PART
OF SECTION 19; TOWNSHIP 3 SOUTH; RANGE 7 WEST; DESOTO COUNTY,
MISSISSIPPI.


                            MINUTE BOOK 20, PAGE #0719005   -16
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________


Beginning at the northwest corner of Section 19; Township 3 South; Range 7 West;
thence east 788 feet along the south line of Acree Place Subdivision to a point; thence
south 437 feet along the west line of said subdivision to a point; thence east 940 feet
along a south line of said subdivision to a point; thence south 1825.57 feet along the east
line of the Magnolia Gardens Subdivision to the southeast corner of the Magnolia
Gardens Subdivision; thence west 1429.45 feet along the south line of said subdivision
tract to a point; thence north 203.29 feet to a lot corner; thence west 268 feet along the
north line of an existing lot to a point on the west right of way of Old Highway 51 (
Magnolia Street); thence north 1849 feet along the west right of way to a point on the
section line; thence east 25 feet to the point of beginning and containing 70 acres more or
less.




DESCRIPTION OF THE NOTTING HILL SUBDIVISION TRACT LOCATED IN
PART OF 8; TOWNSHIP 3 SOUTH; RANGE 7 WEST; DESOTO COUNTY,
MISSISSIPPI.

Beginning at a point in the centerline of Jaybird Road, said point being 2647 feet north of
the southeast corner of Section 8; Township 3 South; Range 7 West; thence west 40 feet
to a point in the west right of way of Jaybird Road and being the southeast corner of the
Notting Hill Subdivision tract and the point of beginning of the following tract; thence
southwest 2750 feet along the south line of said subdivision tract to a point in the half
section line of Section 8; thence north 2174 feet along the half section line to the
northwest corner of the Notting Hill Subdivision tract; thence east 2178 feet along the
north line of said subdivision tract to the northwest corner of the Roberson lot; thence
south 439.4 feet to a corner of said Roberson lot; thence east 437 feet along the south line
of said lot to a point in the west right of way of Jaybird Road; thence south 1000 feet
along said west right of way to the point of beginning and containing 100 acres more or
less.




DESCRIPTION OF THE WILIAM-BROOKS SUBDIVISION LOCATED IN
SECTION 24; TOWNSHIP 3 SOUTH; RANGE 8 WEST; DESOTO COUNTY,
MISSISSIPPI.

Beginning at a point on the east right of way of Robertson Gin Road ( 80 feet wide) a
distance of 926.21 feet east of the southwest corner of the northwest quarter of Section
24, said point being the northwest corner of the Hernando Civic Center Association
property; thence northeast 1640 feet along the east right of way of Robertson Gin Road
to a point in the present Hernando City Limits line; thence east 1077.64 feet along the
said present City Limits line to a point in the east line of the subdivision; thence south
355.61 feet along said east line to a point; thence east 246.96 feet to a corner of said
subdivision; thence southwest 1268.29 feet to the southeast corner of said subdivision;
thence west 1502.47 feet along the south line to the point of beginning and containing 50
acres more or less.


DESCRIPTION OF THE WILLOUGHBY SUBDIVISION TRACT LOCATED IN
SECTION 14; TOWNSHIP 3 SOUTH; RANGE 8 WEST; DESOTO COUNTY,
MISSISSIPPI.


Beginning at the southwest corner of Section 14; Township 3 South; Range 8 West;
thence north 1543.07 feet to a corner of the Willoughby Subdivision tract and the point of



                             MINUTE BOOK 20, PAGE #0719005   -17
 CITY OF HERNANDO                 REGULAR MEETING JULY 19, 2005
___________________________________________________________________
beginning of the following tract; thence north 1073 feet along the west line of said
section to the northwest corner of said subdivision; thence east 1347.2 feet along the
north line of said subdivision to a corner; thence south 1427 feet along the east line of
said tract to the southwest corner of the Ketchum lot; thence northeast 660 feet along the
south line of said Ketchum lot to a point in the west right of way of Scott Road; thence
south 1270 feet along the west road right of way to a point in the south right of way of
Oak Grove Road; thence west 1100 feet along said south right of way of Oak Grove
Road to a point; thence north 680 feet to a corner of said subdivision; thence west 289.2
feet to a corner of said subdivision; thence north 907 feet to a corner of said subdivision;
thence west 567.6 feet to the point of beginning and containing 70 acres more or less.


DESCRIPTION OF THE IVY MEADOWS SUBDIVISION TRACT LOCATED IN
SECTION 23; TOWNSHIP 3 SOUTH; RANGE 8 WEST; DESOTO COUNTY,
MISSISSIPPI.


Beginning at a point on the south line of Deerwood Subdivision, said point being
1395.15 feet south of and 1183.08 feet west of the northeast corner of Section 23, and
being the northeast corner of the proposed Ivy Meadows Subdivision development:
thence south 1587.81 feet to the southeast corner of the proposed development; thence
west 791.97 feet along the south line of the proposed development to a point; thence
southwest 667.57 feet along the subdivision line to a point; thence west 3086 feet along
the south line of proposed development to the southwest corner of the proposed
development; thence north 2110 feet to the northwest corner of the proposed
development; thence 1523.70 feet along the south line of the Oak Manor West
Subdivision to a corner of said subdivision; thence northeast 1142 feet along the east line
of the Oak Manor West Subdivision to a point; thence east 163.5 feet to a point in Scott
Road; thence south 700 feet along the proposed development property line to a corner;
thence east 2079 feet along a north line of the proposed development to the point of
beginning and containing 193 acres more or less.




DESCRIPTION OF THE MISSISSIPPI HIGHWAY 304 AREA LOCATED IN PART
OF SECTIONS 9,10,15,16; TOWNSHIP 3 SOUTH; RANGE 8 WEST; DESOTO
COUNTY, MISSISSIPPI.

Beginning at the southeast corner of Section 10; Township 3 South; Range 8 West;
thence west 2 miles along the north right of way of Mississippi Highway 304 to a point in
the centerline of Horn Lake Road; thence south along the centerline of said road to a
point in the south right of way of Mississippi Highway 304 and on the west line of
Section 16; thence east 2 miles along the south line of said highway right of way to a
point in the east line of Section 15; thence north to the point of beginning and
containing 25 acres more or less.


DESCRIPTION OF THE WINDRIDGE SUBDIVISION AREA LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 11; TOWNSHIP 3 SOUTH; RANGE 8
WEST; DESOTO COUNTY, MISSISSIPPI.

Beginning at a point on the east line of Section 11; Township 3 South; Range 8 West;
said point being 2890 feet south of the northeast corner of said section a being a point on
the north line of the Windridge Subdivision tract; thence south 960 feet along the east
line of said section to a point in the centerline of Robertson Road; thence northwestward
1109 feet along the west right of way of said road to a point; thence east 650 feet along
the north line of the Windridge Subdivision tract to the point of beginning and containing
9.5 acres more or less.



                             MINUTE BOOK 20, PAGE #0719005   -18
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________


DESCRIPTION OF THE BEAUVOIR DEVELOPMENT CONTAINING 509 ACRES
LOCATION IN SECTION 10; TOWNSHIP 3 SOUTH; RANGE 8 WEST; DESOTO
COUNTY, MISSISSIPPI.

Beginning at the northeast corner of Section 10; Township 3 South; Range 8 West;
thence west 207.75 feet along the north line of said section to the point of beginning of
the following tract; thence south 199.64 feet to a point; thence east 208.25 feet to a point;
thence south 3457.77 feet along the east line of said section to a corner of the Banks tract;
thence west 1023.3 feet to a corner of said Banks tract; thence south 815 feet to a corner
of said tract; thence east 114 feet to a corner of the Producers Gin lot; thence south 707
feet along the west line of the Producers Gin lot to a point on the north right of way of
Mississippi Highway 304; thence west 1000 feet more or less along said road right of
way to a point on the east line of the Lamar Place Subdivision; thence north 1105 feet to
the northeast corner of said subdivision; thence west 2821 feet along the north line of said
subdivision to a point in the east line of the original Jones tract; thence north 307 feet to
the northeast corner of said existing tract; thence west 386 feet to a point; thence south 90
feet to a point; thence west 40 feet to a point on the west line of Section 10; thence north
3843 feet along said Section line to the northwest corner of Section 10; thence east 5022
feet along the north line of said Section 10 to the point of beginning and containing 509
acres more or less.


                                    EXHIBIT “B”

             ENLARGED CITY LIMITS OF HERNANDO
                         JULY 2005

     Beginning   at   the  southwest   corner   of   Section
11;Township 3 South; Range 8 west; thence north a distance
of 1522 feet, more or less along the west line of Sections
11 to the northeast corner of the Banks property tract;
thence west 1023.3 feet to the northwest corner of said
Banks tract; thence south 815 feet to the southwest corner
of said tract; thence east 114 feet to the northwest corner
of the Producers Gin lot; thence south 707 feet along the
west line of said Gin lot to a point on the north right of
way of Mississippi Highway 304; thence west 1000 feet more
or less along said highway right of way to a point on the
east line of the Lamar Place Subdivision; thence north 1105
feet to the northeast corner of said Subdivision; thence
west 2821 feet along the north line of said subdivision to a
point on the east line of the original Jones property;
thence north 307 feet to the northeast corner of said
original Jones tract; thence west 386 feet to a point;
thence south 90 feet to a point; thence west 40 feet to a
point on the west line of Section 10; thence north 3843 feet
to the northwest corner of Section 10; thence east 5022 feet
along the north line of said section to a point; thence
south 199.64 feet to a point; thence east 208.25 feet to a
point on the east line of said section 10; thence north 2850
feet along the west line of section 2 to the south right of
way of Pine Tree Road (80 feet wide); thence east along the
said south right of way line a distance of 2700 feet, more
or less to a point in the west right of way of Robertson
Road (80 feet wide); thence southeasterly along said right
of way a distance of 6190 feet, more or less, to a point on
said west right of way; thence east 650 feet along the north
line of the proposed Windridge Subdivision to a point on the
east line of Section 11; Township 3 South; Range 8 West;


                             MINUTE BOOK 20, PAGE #0719005   -19
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
thence north along the east line of said Section 11 a
distance of 2890 feet, more or less, to the northwest corner
of Section 12; Township 3 South; Range 8 West; thence east
along the north line of Section 12 a distance of 1100 feet,
more or less, to a point in the west right of way of the
Illinois Central Railroad ( 100 feet wide); thence northward
along west right of way of railroad a distance of 18,335
feet, more or less, to a point; thence continuing northward
along the said west railroad right of way, 3810 feet more or
less, to a point in the south right of way of Star Landing
Road ( 80 feet wide); thence east 2400 feet, more or less
along said south road right of way to a point in the west
line of Section 24; Township 2 South; Range 8 West; thence
continuing eastward along said south road right of way a
distance of 5060 feet more or less to a point in the east
right of way of Interstate Highway 55; thence south 2630
feet more or less along the said east highway right of way
to a point in the north line of the existing Hernando City
limits; thence south along the east right of way of
Interstate Highway 55 a distance of 18,705 feet, more or
less, to the southwest corner of lot 50 of Green T Lake
Subdivision; thence northeast 368.68 feet along the south
line of lot 50 of said subdivision to a point in the south
right of way of Green T Lake Blvd. South ( 50 feet wide);
thence northeastward along the south right of way of said
road a distance of 1857.06 feet to the southwest corner of
lot 41 of said subdivision; thence east 13.68 feet to the
southeast corner of said lot 41; thence north 391.1 feet ,
more or less, along the east line of lot 41 to the southwest
corner of lot 51 of said subdivision; thence east 594.0 feet
to the southeast corner of lot 53 of said subdivision;
thence north 480.61 feet to the northeast corner of said lot
53; thence east 230.0 feet along the south line of Bradley
Drive ( 50 feet wide) to a point; thence north 389.4 feet
along the east line of lot 74 to the northeast corner of
said lot 74; thence east 50 feet to the southeast corner of
lot 85; thence north 576.13 feet to the northeast corner of
lot 84 of said subdivision; thence west 216.7 feet along the
north line of lot 84 to a point; thence north 478.3 feet to
the southeast corner of lot 77; thence north 222.60 feet to
the northeast corner of lot 78; thence north 50 feet to the
point in the north right of way of Palmer Drive; thence east
150 feet to the southeast corner of an existing 1.92 acre
lot; thence north 372.31 feet to the northeast corner of
said lot; thence west 227.32 feet to the northwest corner of
said lot; thence west 170.36 feet along the north line of
lot 79 of said subdivision to a point; thence southwest 97.7
feet along the north line of lot 79 and 80 to a point;
thence southwest 202.3 feet to the northwest corner of lot
80; thence northwest 390.55 feet to the northwest corner of
lot 80; thence northwestward 333.1 feet along the east line
of lot 65 to a point in the south right of way of Green T
Road ( 80 feet wide); thence east 2850 feet along the south
right of way of Green T Road to a point in the east line of
Section 6; thence east 5220 feet along the south right of
way of Green T Road to a point in the west right of way of
Tchulahoma Road; thence south 1605.67 feet along said west
right of way of Tchulahoma Road to a point; thence south
359.64 feet along the said west road right of way to a
point; thence south 1614.0 feet along the west right of way
of Byhalia Road ( called 80 feet wide) to a point; thence
south and westerly 403 feet along a curve in said west road
right of way to a point; thence west 703.37 feet along the



                     MINUTE BOOK 20, PAGE #0719005   -20
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
north right of way of Byhalia Road to a point; thence west
253 feet along said north road right of way to a point in
the east line of the Ready tract; thence north 1464 feet to
the northeast corner of the Ready tract; thence west 1933.36
feet to the northwest corner of the Ready tract; thence
south 858.21 feet along the west line of the Ready tract to
a point; thence south 980.95 feet along said west property
line to a point; thence west 400 feet to a point; thence
south 822.66 feet along the west line of an existing church
lot to a point in the south right of way of Byhalia Road and
a point in the existing Hernando City Limits boundary;
thence east 575 feet along said south road right of way to a
point in the half section line of Section 8; Township 3
South; Range 7 West; thence south along the half section
line of Sections 8,a distance of 1200 feet, more or less, to
the northwest corner of the Nottinghill Subdivision; thence
east 2178 feet along the north line of said subdivision to
the northwest corner of the Roberson lot; thence south 439.4
feet to a corner of the Roberson lot; thence east 437 feet
along the south line of said Roberson tract to a point in
the west right of way of Jaybird Road; thence south 1000
feet along the west right of way to a point in the south
line of the Nottinghill tract; thence southwest 2750 feet
along the south line of Nottinghill tract to              a corner of
said tract and a point in the half section line of Section
8; thence south 6500feet, more or less, along the half
section line of Sections 8,17 and 20 to a point in the south
right of way of Holly Springs Road ( 80 feet wide); thence
east 2680 feet, more or less along the south right of way of
Holly Springs Road to a point in the east right of way of
Jaybird Road ( 80 feet wide); thence east 3240 feet along
the south right of way of Holly Spring Road to the northeast
corner of the Jefferson Subdivision tract; thence south
632.46 feet along the east line of said subdivision tract to
a point; thence east 780 feet to a point in the west line of
the Gilbreath tract; thence south 270 feet along the
Gilbreath west line to a point; thence west 3311 feet along
the south line of the Jefferson Subdivision tract to a
corner of the North Mississippi Water Plant lot; thence
north 100 feet to a point; thence west 730 feet along the
north line of said Water Plant lot to a point in the west
right of way of Jaybird Road; thence south 2835 feet , more
or less, along said west right of way to a point in the
south line of Edgewood Subdivision; thence west 2696 feet
along said south subdivision line to the southwest corner of
said subdivision; thence north 1332 feet along the west line
of said subdivision to a point in the south line of the
existing Hernando City Limits line; thence west along the
south line of the present Hernando City Limits line a
distance of 2640 feet, more or less, to a point in the west
line of Section 20; Township 3 South; Range 7 West; thence
continuing west 2640 feet, more or less, along the half
section line of Section 19 to the southwest corner of the
Hernando Industrial Park tract; thence north 588.6 feet
along the west line of said Industrial Park tract to a
point; thence west 958.28 feet along a south line of the
Industrial Park tract to the southeast corner of the
Magnolia Gardens tract; thence continuing west 1429.45 feet
along the south line of the Magnolia Gardens tract to a
point; thence north 203.29 feet to a corner of an existing
lot; thence west 268 feet along the north line of said
existing lot to a point in the west right of way of Old
Highway 51; thence south 800 feet more or less along the



                     MINUTE BOOK 20, PAGE #0719005   -21
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
west road right of way to a point in the half section line
of Section 24; thence south 260.2 feet more or less, along
the existing City Limits line to a point; thence south 84
degrees 30 minutes west a distance of 161.0 feet along said
existing City Limits line to a point in the east right of
way of U. S. Highway 51 (100 feet wide), said point called
highway station 710+80.6; thence north 196.6 feet along said
east highway right of way to station 708+84, said point
being the northwest corner of the Miss. Dept. of
Transportation lot; thence west 100 feet , more or less, to
a point in the west right of way of said highway, said point
being a property corner of the old George Banks Estate
property ; thence westward along said south property line a
distance of 2425.7 feet , more or less, to a point; thence
north 117.3 feet, more or less, along said property line to
the southeast corner of the Hernando South Lagoon property;
thence southwest 678.0 feet along the south line of said
lagoon property to a point; thence southwest 358.0 feet
along the lagoon property line to a point; thence
northwestward 989.7 feet along said south property line to a
point; thence north 506.1 feet along the west lagoon
property to the northwest corner of said              Hernando Lagoon
property; thence west 642 feet, more or less, along the
south line of the Williams-Brooks Subdivision tract to a
point in the east right of way of Robertson Gin Road (80
feet wide); thence north 1640 feet along the east road right
of way to a point in the existing City Limit line; thence
west 877 feet more or less, to the southeast corner of the
Hernando Middle School property; thence west 734.74 feet to
the southwest corner of said Hernando Middle School tract;
thence south 206 feet more or less, to the southeast corner
of Deerwood Subdivision; thence west 1191 feet more or less,
along the south line of Deerwood Subdivision to the
northeast corner of the Ivy Meadows tract; thence south
1587.81 feet to the southeast corner of the proposed
development; thence west 791.97 feet along the south line of
the proposed development to a point; thence southwest 667.57
feet along the subdivision line to a point; thence west 3086
feet along the south line of said development to the
southwest corner of the proposed development; thence north
2110 feet to the northwest corner of the proposed
development; thence north 1754.05 feet along the west line
of Oak Manor West Subdivision and the west line of Section
23 to a point in the south right of way of Oak Grove Road (
80 feet wide);thence east 860 feet along the south right of
way of Oak Grove Road to a point; thence north 680 feet
along a property line of the Willoughby Subdivision property
to a point; thence west 289.2 feet to a point; thence north
907 feet to a point; thence west 567.6 feet to a point;
thence north 1073 feet along the west line of the Willoughby
tract to the northwest corner of said tract; thence east
1347.2 feet along the north line of said tract to a point;
thence south 1427 feet along the east line of said
Willoughby tract to the southwest corner of the Ketchum
tract; thence northeast 660 feet along the south line of
said Ketchum tract to a point in the west right of way of
Scott road; thence south 1270 feet along the said west road
right of way to a point in the south right of way of Oak
Grove Road and the present City limits line; thence east
1640 feet along the south right of way of Oak Grove Road to
a point; thence north 1377.87 feet along the west line of
the Fletcher Estate property to the northwest corner of said
property; thence east 1544.14 feet along the north line of



                     MINUTE BOOK 20, PAGE #0719005   -22
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
said property to a point in the west line of Section 13;
thence north 1100 feet, more or less, along the west line of
said Section 13 to a point in the south line of Mississippi
Highway 304 (100 feet wide); thence northwesterly along said
right of way a distance of 6200 feet more or less, to a
point in the west line of Section 14; Township 3 South;
Range 8 West; thence west 2.0 miles along the south right of
way of Mississippi Highway 304 to a point on the west line
of Section 16; thence north along the said section line to a
point on the north right of way of said highway; thence east
2.0 miles along the north highway right of way to the point
of beginning and containing 9970 acres, more or less.


        Motion was duly made by Alderman Miller, seconded by Alderman Tipton to
waive the reading of the foregoing ordinance and adopt said ordinance “Enlarging,
Extending and Defining the Corporate Limits and Boundaries of the City of Hernando,
DeSoto County, Mississippi, to Include Lands Situated in DeSoto County, Mississippi”
as presented. 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 19th day of July, 2005.



      WAIVE BUILDING PERMIT FEES ON CENTRAL MAINTENANCE

        A letter dated July 8, 2005 from Michael D. Garriga, DeSoto County
Administrator, was presented to the Board, which requested the City of Hernando to
waive the building permit fee on the Central Maintenance Building located on Gwynn
Road. The letter also stated that “….Please note we are not requesting relief from any
water or sewer tap fees. Also, individual subcontractors will be responsible for their
respective fees…..”
        Motion was duly made by Alderman Higdon, seconded by Alderman Miller to
waive the building permit fee only, on the DeSoto County Central Maintenance Building,
provided the county will inspect. 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 19th day of July, 2005.


                          APPROVE BUDGET AMENDMENT

ORDER AMENDING BUDGET FOR FISCAL YEAR ENDING SEPTEMBER 30,
2005

               Pursuant to Section 21-35-25 of the Mississippi Code 1972, Annotated, it
is hereby ordered by the Mayor and Board of Aldermen of the City of Hernando, DeSoto
County, State of Mississippi, that the budget for the fiscal year beginning October 1,
2004 and ending September 30, 2005, be amended and approved to wit:
        BE IT ORDERED, that the Budget of Estimated Revenues and Expenditures for
the Fiscal Year Ending September 30, 2005, for the City of Hernando, Mississippi be
amended in the following respects:

GENERAL FUND BUDGET AMENDMENTS
                                  PRIOR BUDGET     AMENDMENT      NEW BUDGET
REVENUE
STATE SHARED REVENUES             $2,222,253.00    $ (143,000.00) $2,079,253.00
GRANTS FROM LOCAL UNITS           $ 379,000.00     $ (269,000.00) $ 110,000.00
GRAND GULF                        $ 78,000.00      $   (5,700.00) $ 72,300.00



                            MINUTE BOOK 20, PAGE #0719005   -23
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________
CHARGES FOR SERVICES - HEALTH        $ 150,000.00     $ 15,000.00     $ 165,000.00
CHARGES FOR SERVICES - MISC.         $ 874,654.00     $ 18,000.00     $ 892,654.00
TAX LEVY                             $1,549,175.00    $ 13,000.00     $1,562,175.00
TRANSFER FROM SURPLUS                $         -      $ 289,000.00    $ 289,000.00
           TOTAL                                      $ (82,700.00)
EXPENDITURES
ADMIN PERSONNEL SERVICES             $ 424,868.00     $    9,345.00 $ 434,213.00
ADMIN OTHER SERV. & CHGS.            $ 404,200.00     $ 10,000.00 $ 414,200.00
ADMIN CAPITAL OUTLAY                 $ 13,000.00      $    4,000.00 $ 17,000.00
PUBLIC SAFETY CAP. OUTLAY            $ 132,000.00     $ 13,455.00 $ 145,455.00
AMBULANCE SUPPLIES                   $ 38,350.00      $     (815.00) $ 37,535.00
AMBULANCE CAP. OUTLAY                $    6,300.00    $      815.00 $     7,115.00
FIRE PERSONNEL SERVICES              $1,314,121.00    $ (125,000.00) $1,189,121.00
FIRE OTHER SERV. & CHGS              $ 111,000.00     $    5,500.00 $ 116,500.00
                   (a) TOTAL                          $ (82,700.00)



        BE IT FURTHER ORDERED that these amendments are necessary in the
General Fund Revenues due to an overestimate in sales tax, road funds budgeted in this
year yet received in September 2004, overestimate of Grand Gulf funding, underestimate
of ad-valorem tax, grants, and charges for services. The amendments to the General Fund
Expenditures are to hire an administrative assistant, underestimate of travel expenses,
purchase computers not budgeted, and purchase equipment with Homeland Security
Grant funds not budgeted, and underestimated utility costs.
        IT IS FURTHER ORDERED by the Mayor and Board of Aldermen that the
foregoing budget amendments shall be published one (1) time as required by law in the
DeSoto Times Today, a newspaper of general circulation in said city, fully qualified
under the provisions of Chapter 497, General Laws of Mississippi, if amendment meets
the requirements to be published.

       Each amendment having been presented separately and as a whole, motion was
duly made by Alderman Higdon, seconded by Alderman Bryant, to adopt the foregoing
order amending the budget of the City of Hernando. 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 19th day of July, 2005.

                                                      /s/ Chip Johnson
                                                      _________________________
                                                      CHIP JOHNSON, MAYOR
ATTEST:
/s/ Jannett Riley
____________________________
JANNETT RILEY, CITY CLERK




Publish in DeSoto Times Today
One time




                               MINUTE BOOK 20, PAGE #0719005   -24
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________

  AUTHORIZE ACCEPTANCE OF OLD HIGH SCHOOL FOOTBALL FIELD
   FROM DESOTO COUNTY BOARD OF EDUCATION AND AUTHORIZE
       MAYOR JOHNSON TO SIGN NECESSARY DOCUMENTS


         The Board of Education is giving the City of Hernando the old football field
located on South Street. There was some concern about parking and the Board of
Education said we could use their parking.
         Motion was duly made by Alderman Higdon, seconded by Alderman Bryant to
authorize acceptance of Old High School Football Field from DeSoto County Board of
Education and authorize Mayor Johnson to sign necessary documents subject to a clear
title, no restrictions, Board of Education can use the field up to one year, and a reverter
clause. 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 19th day of July, 2005.




       AUTHORIZE TO HIRE CARLA ELAINE CHAMPION AS POLICE
            DEPARTMENT ADMINISTRATIVE ASSISTANT


        Motion was duly made by Alderman Bryant, seconded by Alderman Higdon to
hire Carla Elaine Champion as Police Department Administrative Assistant with a
starting pay of $12 per hour, 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 Bryant, Alderman Miller, Alderman Higdon,
Alderman Tipton, and Alderman Lauderdale.
         Those voting “Nay”: None.
         ORDERED AND DONE this the 19th day of July, 2005.




 AUTHORIZE TO RAISE CHARLES TERRY – PROMOTION FROM SGT. TO
                            LT.

        Motion was duly made by Alderman Bryant, seconded by Alderman Higdon to
accept Chief Riley’s recommendation and raise Charles Terry’s rate by $1.39 per hour
due to a promotion from Sgt. To Lt. 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 19th day of July, 2005.


     AUTHORIZE TO RAISE FREDDIE NEWSON – PROMOTION FROM
                      PATROLMAN TO SGT.

         Motion was duly made by Alderman Tipton, seconded by Alderman Higdon to
accept Chief Riley’s recommendation and raise Freddie Newson’s rate by $2.75 per hour
due to a promotion from Patrolman to Sgt. A roll call vote was taken with the following
results:
         Those voting “Aye”: Alderman Higdon, Alderman Tipton, Alderman Lauderdale,
Alderman Bryant and Alderman Miller.


                            MINUTE BOOK 20, PAGE #0719005   -25
 CITY OF HERNANDO           REGULAR MEETING JULY 19, 2005
___________________________________________________________________
      Those voting “Nay”: None.
      ORDERED AND DONE this the 19th day of July, 2005.




      AUTHORIZE TO RAISE JASON SCALLORN – PROMOTION FROM
                       PATROLMAN TO SGT.

         Motion was duly made by Alderman Higdon, seconded by Alderman Tipton to
accept Chief Riley’s recommendation and raise Jason Scallorn’s rate by $2.75 per hour
due to a promotion from Patrolman to Sgt. 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 19th day of July, 2005.




        AUTHORIZE TO HIRE RODGER DEAN CLARK AS CERTIFIED
                           PATROLMAN

       Motion was duly made by Alderman Higdon, seconded by Alderman Lauderdale
to accept Chief Riley’s recommendation and hire Rodger Dean Clark as a certified
Patrolman at the certified rate 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 Lauderdale, Alderman Bryant, Alderman Miller,
Alderman Higdon, and Alderman Tipton.
        Those voting “Nay”: None.
       ORDERED AND DONE this the 19th day of July, 2005.




       AUTHORIZE TO HIRE MELISSA IRENE HILL AS DISPATCHER

        Motion was duly made by Alderman Tipton, seconded by Alderman Higdon to
accept Chief Riley’s recommendation and hire Mellissa Irene Hill as a dispatcher at the
uncertified rate, 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 Lauderdale, Alderman Bryant, Alderman Miller,
Alderman Higdon, and Alderman Tipton.
         Those voting “Nay”: None.
        ORDERED AND DONE this the 19th day of July, 2005.




      AUTHORIZE TO ADVERTISE FOR BIDS FOR STREET OVERLAY

        Joe Frank Lauderdale, Consulting Engineer, submitted a list of streets, with the
greatest need to be overlaid and an estimated cost.
            1. ELM STREET                                 $21,200.00
            2. SOUTH STREET                               $28,250.00


                            MINUTE BOOK 20, PAGE #0719005   -26
 CITY OF HERNANDO                  REGULAR MEETING JULY 19, 2005
___________________________________________________________________
            3. NORTHWOOD HILLS                                  $35,000.00
            4. LAKE GROVE DRIVE                                 $15,000.00
            5. TIMBERLANE                                       $21,200.00
            6. OTHER REPAIRS (CHAPMAN ST.)                      $10,000.00
       Motion was duly made by Alderman Lauderdale, seconded by Alderman Miller to
authorize to advertise for bids for street overlay. 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 19th day of July, 2005.


     ADOPT RESOLUTION AUTHORIZING MAYOR JOHNSON TO SIGN
            NECESSARY DOCUMENTS FOR DWSI PROJECT

         ADOPT RESOLUTION ACCEPTING DWSIRLF LOAN IN THE
        AMOUNT OF $666,034.00 AND AUTHORIZE MAYOR JOHNSON
               TO SIGN AGREEMEMNT (PHASE III – WATER)
          ______________________________________________________


         WHEREAS, pursuant to Sections 41-3-16, et seq. Mississippi Code Annotated
(1972), the State of Mississippi Local Governments and Rural Water Systems
Improvements Board acting through the Mississippi State Department of Health is
authorized to make loans to certain eligible loan recipients to finance the construction of
eligible water systems improvements; and

        WHEREAS, the City of Hernando, has made application for the financing of a
“Water Improvements Project Phase III”, and the Mississippi State Department of Health
has determined that such Project meets all the requirements for a loan;

        NOW, THEREFORE, in consideration of the Mississippi State Department of
Health loaning money to the City of Hernando, in the principal amount of $666,034.00,
Loan Number: DWI-H280057-03-0, the City of Hernando hereby accepts said loan and
authorizes Mayor Chip Johnson to sign all necessary documents on behalf of the City of
Hernando for said loan.

         Motion was duly made by Alderman Higdon, seconded by Alderman Tipton to
adopt the foregoing resolution accepting DWSIRLF Loan in the amount of $666,034.00,
authorize Mayor Johnson to sign agreement (Phase III – Water), and proceed to advertise
for bids for the project. 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.




                                                           __________________________
                                                              CHIP JOHNSON, MAYOR
ATTEST:


____________________________
JANNETT RILEY, CITY CLERK




                             MINUTE BOOK 20, PAGE #0719005   -27
 CITY OF HERNANDO         REGULAR MEETING JULY 19, 2005
___________________________________________________________________




 AUTHORIZE APRIL WEST TO ATTEND CERTIFICATION PROGRAM FOR
      DEPUTY CLERKS AND AUTHORIZE TO ISSUE CHECK FOR
             REGISTRATION AND TRAVEL EXPENSES


        Motion was duly made by Alderman Higdon, seconded by Alderman Tipton to
authorize April West to attend certification program for Deputy Clerks and authorize to
issue check for registration and travel expenses. 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 19th day of July, 2005.



    AUTHORIZE CITY ATTORNEY TO OBTAIN THREE APPRAISALS ON
   PROPERTY LOCATED AT INTERSECTION OF EAST COMMERCE AND
                         MCINGVALE

        Motion was duly made by Alderman Higdon, seconded by Alderman Miller to
authorize the City Attorney to obtain three appraisals on property located at intersection
of East Commerce Street and McIngvale Rd. 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 19th day of July, 2005.




        RECESS MEETING UNTIL JULY 21, 2005 6:00 FOR TRAINING


        Motion was duly made by Alderman Bryant, seconded by Alderman Higdon to
recess the meeting until July 21, 2005 at 6:00 for training on tax exemptions. 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 19th day of July, 2005.




                                                        CHIP JOHNSON, MAYOR

ATTEST:

JANNETT RILEY – CITY CLERK


                            MINUTE BOOK 20, PAGE #0719005   -28

				
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