MEETING OF THE MAYOR AND BOARD OF ALDERMEN SOUTHAVEN, MISSISSIPPI CITY HALL October 16, :00 p.m. AGENDA

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1 MEETING OF THE MAYOR AND BOARD OF ALDERMEN SOUTHAVEN, MISSISSIPPI CITY HALL October 16, :00 p.m. AGENDA 1. Call To Order 2. Invocation 3. Pledge Of Allegiance 4. Approval of Minutes: Special Meeting, October 4, Swearing-In Mayor s Youth Council New Members 6. Resolution for Budget Amendment 7. Recommendation of Bid Award Public Works 8. Municipal Compliance Certification 9. Contract with P.B.J. Happee Day Shows, Inc. 10. Resolution for Liens 11. RJ Young Copy Contract for Parks Dept. 12. City Ordinances Title VIII, Chapter 6, Sections Resolution for Sanitation Assessments 14. Resolution for Intergovernmental Transfer to City of Hernando 15. Agreement with Athletic House 16. Resolution to Clean Private Property 17. Planning Agenda: Item #1 Application by Tim Paxton for subdivision approval of the Gardens of Belle Pointe Phase 1 on the north side of Church Road, east of Getwell Road Item #2 Application by R & W Developers for subdivision approval of Central Park Sec. P on the west side of Tchulahoma Road, south of Stateline Road Item #3 Application by R & W Developers for subdivision approval of Central Park Sec. O on the west side of Tchulahoma Road, south of Stateline Road Item #4 Application by Stanley Thorne for subdivision approval to revise lot 40 of the Southaven First Commercial Subdivision on the west side of Hwy. 51, south of Stateline Road Item #5 Application by North MS Real Estate Mgmt. for subdivision approval of Guaranty Bank Subdivision on the northeast corner of Getwell Road and Nail Road Item #6 Application by Tom Fowlkes for design review approval of a funeral home inside the Desoto Memorial Gardens Cemetery on the north side of Star Landing Road, west of Swinnea Road 18. Mayor s Report 19. Citizen s Agenda 20. Personnel Docket 21. City Attorney s Legal Update 22. Claims Docket 23. Executive Session: Economic Development (Industry/Business Locating to City) Any citizen wishing to comment on the above items may do so. Items may be added to or omitted from this agenda as needed.

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154 5. Swearing-In Mayor's Youth Council New Members

155 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF SOUTHAVEN, MISSISSIPPI TO AMEND 2019 BUDGET The Mayor and Board of Aldermen of the City of Southaven, Mississippi (the City ), considered the matter of amending the 2019 City Budget. and WHEREAS, pursuant to Miss. Code , the City desires to amend its 2019 budget; WHEREAS, the City s actual collections and anticipated revenues will exceed the estimates; thus, the City desires to revise and increase the budget appropriation of such funds as set forth in Exhibit A; and WHEREAS, the transfer from fund to fund, or from item to item, will not result in the expenditure of any money for a purpose different from that which was budgeted or collected; and NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The City Board approves the budget amendment as set forth in Exhibit A and authorizes the Mayor or CAO or their designee to take any and all actions for such amendment. 2. If required, the City is authorized to publish within two (2) weeks of this action in the same manner as the final adopted budget. This publication shall contain a description of the amendment, the amount of money and funds affected, and a detailed statement explaining the need and purpose of the amendment. The vote of each member of the municipality's governing authority on each amendment shall be included in the publication or posted notice. 3. The Mayor or CAO or their designee are authorized to take all actions to further the effectuate the intent of this Resolution. REMAINDER OF PAGE LEFT BLANK

156 Following the reading of the foregoing Resolution, Alderman made the motion and Alderman seconded the motion for its adoption. The Mayor put the question to a roll call vote, and the result was as follows: Alderman William Brooks Alderman Kristian Kelly Alderman George Payne Alderman Joel Gallagher Alderman John David Wheeler Alderman Charlie Hoots Alderman Raymond Flores voted: voted: voted: voted: voted: voted: voted: RESOLVED AND DONE, this day of October, Darren Musselwhite, MAYOR ATTEST: Andrea Mullen, CITY CLERK

157 CODE DESCRIPTION BUDGET AMENDMENT AMENDMENT AMOUNT ITEC Balance Forward $ - $ (160,000) $ (160,000) Public Works Balance Forward $ - $ (315,000) $ (315,000) ITEC Office Supplies $ 160,000 $ 160, Machinery & Equipment $ 315,000 $ 315,000 $ -

158 CITY OF SOUTHAVEN Top Of Mississippi Office of Public Works and Facilities Bradley K. Wallace, AIA 5813 Pepper Chase Dr. Director Southaven, MS Ph Fax To: Mayor Musselwhite and Board of Aldermen RE: Recommendation for award of recent Asphalt Patch Truck bid Please accept this letter as our recommendation that we accept a bid for the recently published package entitled Bid Package for Supply of Asphalt Patch Truck. After submittal of reverse auction bids and review of all information it is our recommendation that the City of Southaven accept the bid from TAG Truck Center as the lowest and best bid for this package. We recommend that the City purchase this equipment from them for the submitted bid pricing total of $160, If approved as recommended herein, we stand ready to release this vendor to provide this equipment to the City and will follow through with appropriate payment once the City is satisfied that all criteria have been met. Thank you for your consideration in this matter. Sincerely, Bradley K. Wallace, AIA

159 CITY OF SOUTHAVEN Top Of Mississippi Office of Public Works and Facilities Bradley K. Wallace, AIA 5813 Pepper Chase Dr. Director Southaven, MS Ph Fax To: Mayor Musselwhite and Board of Aldermen RE: Recommendation for award of recent Dump Truck bid Please accept this letter as our recommendation that we accept a bid for the recently published package entitled Bid Package for Supply of Dump Trucks. After submittal of reverse auction bids and review of all information it is our recommendation that the City of Southaven accept the bid from TAG Truck Center as the lowest and best bid for this package. We recommend that the City purchase this equipment from them for the submitted bid pricing total of $98, for one truck. If approved as recommended herein, we stand ready to release this vendor to provide this equipment to the City and will follow through with appropriate payment once the City is satisfied that all criteria have been met. Thank you for your consideration in this matter. Sincerely, Bradley K. Wallace, AIA

160 Municipal Compliance Questionnaire As part of the municipality's audit, the governing authorities of the municipality must make certain assertions with regard to legal compliance. The municipal compliance questionnaire was developed for this purpose. The following questionnaire and related certification must be completed at the end of the municipality's fiscal year and entered into the official minutes of the governing authorities at their next regular meeting. The governing authorities should take care to answer these questions accurately. Incorrect answers could reduce the auditor's reliance on the questionnaire responses, resulting in the need to perform additional audit procedures at added cost. Information Note: Due to the size of some municipalities, some of the questions may not be applicable. If so, mark N/A in answer blanks. Answers to other questions may require more than "yes" or "no," and, as a result, more information on this questionnaire may be required and/or separate work papers may be needed. 1. Name and address of municipality: City of Southaven 8710 Northwest Drive Southaven MS List the date and population of the latest official U.S. Census or most recent official census: 2017 Population Estimate 54,031 ( 3. Names, addresses and telephone numbers of officials (include elected officials, chief administrative officer, and attorney). SEE ATTACHED 4. Period of time covered by this questionnaire: From: To: Expiration date of current elected officials' term: JUNE 30, 2021

161 CONTACT INFORMATION FOR OFFICIALS OF THE CITY OF Southaven, Mississippi: MAYOR: Darren Musselwhite 8710 Northwest Drive, Southaven MS ALDERMEN: Kristian Kelly, Ward Northwest Drive Southaven MS Charlie Hoots, Ward Northwest Drive Southaven MS George Payne, Ward Northwest Drive Southaven MS Joel Gallagher, Ward Northwest Drive Southaven MS John David Wheeler, Ward Northwest Drive Southaven MS Raymond Flores, Ward Northwest Drive Southaven MS William Brooks, At Large 8710 Northwest Drive Southaven MS CITY CLERK: Andrea Mullen 8710 Northwest Drive Southaven MS CAO: Chris Wilson 8710 Northwest Drive Southaven MS ATTORNEY: Nick Manley 8710 Northwest Drive Southaven MS

162 MUNICIPAL COMPLIANCE QUESTIONNAIRE Year Ended September 30, Answer All Questions: Y - YES, N - NO, N/A - NON APPLICABLE Part I - General 1. Have all ordinances been entered into the ordinance book and included in the minutes? (Section ) 2. Do all municipal vehicles have public license plates and proper markings? (Sections and ) Y Y 3. Are municipal records open to the public? Y 4. Are meetings of the board open to the public? (Section ) 5. Are notices of special or recess meetings posted? (Section ) Y Y 6. Are all required personnel covered by appropriate surety bonds? Y * Board or council members (Section ) * Appointed officers and those handling money, see statues governing the form of government (i.e., Section for Code Charter) *Municipal clerk (Section ) *Deputy Clerk (Section ) *Chief of police (Section ) *Deputy police (Section ) (if hired under this law) Y Y Y N/A 7. Are minutes of board meetings prepared to properly reflect the actions of the board? (Sections and ) Y 8. Are minutes of board meetings signed by the mayor or majority of the board within 30 days of the meeting? (Section ) 9. Has the municipality complied with the nepotism law in it employment practices? (Section ) Y Y 10. Did all officers, employees of the municipality, or their relatives avoid any personal interest in any contracts with the municipality during their term or within one year after their terms of office or employment? (Section ) Y 11. Does the municipality contract with a Certified Public Accountant or an auditor approved by the State Auditor for its annual audit within twelve months of the end of each fiscal year? (Section ) Y

163 12. Has the municipality published a synopsis or notice of the annual audit within 30 days of acceptance? (Sections or ) PART II - Cash and Related Records Y 1. Where required, is a claims docket maintained? (Section ) 2. Are all claims paid in the order of their entry in the claims docket? (Section ) 3. Does the claims docket identify the claimant, claim number, amount and fund from which each warrant will be issued? (Section ) 4. Are all warrants approved by the board, signed by the mayor or majority of the board, attested to by the clerk, and bearing the municipal seal? (Section ) 5. Are warrants for approved claims held until sufficient cash is available in the fund from which it is drawn? (Section ) 6. Has the municipality adopted and entered on it minutes a budget in the format prescribed by the Office of the State Auditor? (Sections , , and ) 7. Does the municipality operate on a cash basis budget, except for expenditures paid within 30 days of fiscal year end or for construction in progress? (Section ) 8. Has the municipality held a public hearing and published its adopted budget? (Sections , , ) 9. Has the municipality complied with legal publication requirements when budgetary changes of 10% or more are made to a department's budget? (Section ) 10. If revenues are less than estimated and a deficit is anticipated, did the board revise the budget by its regular July meeting? (Section ) Y Y Y Y Y Y Y Y Y N/A

164 11. Have financial records been maintained in accordance with the chart of accounts prescribed by the State Auditor? (Section ) 12. Does the municipal clerk submit to the board a monthly report of expenditures against each budget item for the preceding month and fiscal year to date and the unexpended balances of each budget item? (Section ) 13. Does the board avoid approving claims and the city clerk not issue any warrants which would be in excess pf budgeted amounts, except for court-ordered or emergency expenditures? (Section ) 14. Has the municipality commissioned municipal depositories? (Sections and ) 15. Have investments of funds been restricted to those instruments authorized by law? (Section ) Y Y Y Y Y 16. Are donations restricted to those specifically authorized by law? (Section (Section 66, Miss. Constitution)--Sections through , etc.) Y 17. Are fixed assets properly tagged and accounted for? Section II - Municipal Audit and Accounting Guide) 18. Is all travel authorized in advance and reimbursements made in accordance with Section ? 19. Are all travel advances made in accordance with the State Auditor's regulations? (Section ) Y Y Y PART III - Purchasing and Receiving 1. Are bids solicited for purchases, when required by law (written bids and advertising)? [Section (b) and (c)] 2. Are all lowest and best bids decisions properly documented? [Section (d)] 3. Are all one-source item and emergency purchases documents on the board's minutes? [Section (m) and (k)] 4. Do all officers and employees understand and refrain from accepting gifts or kickbacks from suppliers? (Section ) Y Y Y Y

165 PART IV - Bonds and Other Debt Has the municipality complied with the percentage of taxable property limitation on bonds and other debt issued during the year? (Section ) Has the municipality levied and collected taxes, in a sufficient amount for the retirement of general obligation debt principal and interest? (Section ) Have the required trust funds been established for utility revenue bonds? (Sections ) Have expenditures of bond proceeds been strictly limited to the purposes for which the bonds were issued? (Section ) Has the municipality refrained from borrowing, except where it had specific authority? (Section ) PART V - Taxes and Other receipts Y Y Y Y Y 1. Has the municipality adopted the county ad valorem tax rolls? (Section ) 2. Are interest and penalties being collected on delinquent ad valorem taxes? (Section ) Y Y 3. Has the municipality conducted an annual land sale for delinquent ad valorem taxes? (Section ) Y* *THIS IS COLLECTED BY THE DeSoto COUNTY TAX COLLECTOR* 4. Have the various ad valorem tax collections been deposited into the appropriate funds? (Separate Funds for Each Tax Levy) (Section ) Y 5. Has the increase in ad valorem taxes, if any, been limited to amounts allowed by law? (Sections and ) 6. Are local privilege taxes collected from all businesses located within the municipality, except those exempted? (Section ) 7. Are transient vendor taxes collected from all transient vendors within the municipality, except those exempted? (Section ) 8. Is money received from the state's "Municipal Fire Protection Fund" spent only to improve municipal fire departments? (Section ) Y Y Y Y

166 9. Has the municipality levied or appropriated not less than 1/4 mill for fire protection and certified to the county it provides its own fire protection or allowed the county to levy such tax? (Section and ) 10. Are state-imposed court assessments collected and settled monthly? (Section , , etc.) 11. Are all fines and forfeitures collected when due and settled immediately to the municipal treasury? (Section ) 12. Are bids solicited by advertisement or, under special circumstances, three appraisals obtained when real property is sold? (Section ) 13. Has the municipality determined the full and complete cost for solid waste for the previous fiscal year? (Section ) 14. Has the municipality published an itemized report of all revenues, costs and expenses incurred by the municipality during the immediately preceding fiscal year in operating the garbage or rubbish collection or disposal system? (Section ) 15. Has the municipality conducted an annual inventory of its assets in accordance with guidelines established by the Office of the State Auditor? (MMAAG) Y Y Y Y Y N Y

167 Certification to Municipal Compliance Questionnaire Year Ended September 30, We have reviewed all questions and responses as contained in this Municipal Compliance Questionnaire for the Municipality of Southaven, and, to the best of our knowledge and belief, all responses are accurate. (City Clerk Signature) (Mayor Signature) (Date) (Date) Minute Book References: Book Number Page (Clerk is to enter minute book references when questionnaire is accepted by board.)

168 AGREEMENT BETWEEN CITY OF SOUTHAVEN AND P.B.J. HAPPEE DAY SHOWS, INC. This Agreement, is made and entered into as of the date of the last signature of the parties hereto, by and between the City of Southaven hereinafter referred to as City or OWNER and P.B.J. Happee Days Shows, Inc. hereinafter referred to as LESSEE. WHEREAS, OWNER manages, maintains, owns, and operates certain park property in Snowden Grove Park and specifically set forth in Exhibit A described as the Carnival Area, which is the site of the City s Springfest (the Property ); and WHEREAS, pursuant to Mississippi Code , the OWNER desires to lease the Property as further set forth herein to LESSEE upon such terms and conditions as the OWNER shall prescribe to further promote commercial development in the City as LESSEE shall provide all equipment, materials, and host a fair, commonly known as Springfest for the OWNER, which will attract thousands of people to the City and increase commerce within the City; and WHEREAS, the OWNER, pursuant to Chapter 933 House Bill 1618 of 1993 is authorized to use funds for the promotion of tourism in the City and pursuant to Miss. Code Ann , the OWNER has determined that Springfest will help advertise and bring into favorable notice the opportunities, possibilities, and resources of the City, and will advance the moral, financial and other interests of the City and the City is authorized to use funds and in-kind services under Chapter 933 House Bill 1619 of 1993 and the City is authorized to use funds and in-kind services under Mississippi Code for Springfest; and WHEREAS, LESSEE desires to have the use of a portion of the Property, and OWNER desires to allow LEASEE the use of a portion of the Property, as determined by the City, under the terms, condition and provisions contained herein. NOW, THEREFORE, based upon the terms, conditions, covenants and considerations hereinafter set forth, the parties, intending to be legally bound, hereby agree as follows: Section 1. Premises. OWNER does hereby Lease and grant the right to use the Property to the LESSEE and the LESSEE does accept for use the Property in accordance with this Agreement. Section 2. Use. LESSEE shall have use of the Property, as determined by the City, to host the City s annual Springfest Event, consisting of rides, vendors, food, and games (hereinafter the Event ). This Agreement provides LESSEE with only the right and privilege to possess and use the Property in the manner set forth herein. LESSEE shall sell carnival wristbands for the Event rides on April 23, 24, and 25. On April 26 and 27, LESSEE shall sell carnival tickets for the Event rides. The OWNER reserves the sole right to charge for admission to enter the Event and shall be entitled to all proceeds from admission. Section 3. Term. The term of this Agreement commences on the 15 th day of April, 2019 and terminates on the 29 th day of April, 2019 (hereinafter the Term). The Event shall be April 23-27, Section 4. Lease Fee. (i) LESSEE agrees to pay the OWNER a fee for the use of the Property in the amount of 35% of the Gross Receipts, as defined herein, along with payments to the OWNER in the amount of $75.00 per game

169 vendor and $400 per food vendor (collectively, the Lease Fee ). Payment from LESSEE shall be made to City by April 28, (ii) In addition to the above Lease Fee, the LESSEE shall pay all taxes, charges, fees, and permits, whether federal, state, county, or city, due on account of its business and the permitted activities engaged in under this Agreement. (iii) Gross Receipts as used herein is defined to mean the total amount of dollars collected for all carnival wristbands sold and carnival tickets sold for the Event rides without deduction. Section 5. Late Payments. (a) Any Lease Fee, cost, expense or sum due from LESSEE which is not received on the date its due shall be deemed late and LESSEE shall be liable for a late fee of $50.00 per day, or that maximum amount allowed by law without being deemed a penalty or usurious. Further, LESSEE shall pay accrued interest on the past due amounts, at the rate of one and one half percent (1 ½%) per month, until the delinquent sums Section 6. LEASEE s Personal Property. (a) In the receipt, handling, care or custody of property of any kind shipped or otherwise delivered to the Premises by or for LESSEE, OWNER shall act solely for the accommodation of the LESSEE and neither the OWNER nor any of its agents or employees shall be deemed a bailee, nor be liable for any loss, damage or injury to such property. (b) Any property left within the Property by LESSEE shall, after a period thirty (30) days from the termination of this Agreement, be deemed abandoned and the OWNER shall have the right to remove, place in storage or otherwise dispose of any such property at the sole cost and expense of LESSEE. LESSEE hereby irrevocably constitutes and appoints the OWNER as its special attorney-in-fact to do and perform all acts necessary in removing, storing and disposing of said abandoned personal property and to execute and to deliver a bill of sale therefore. (c) OWNER assumes no responsibility for any property of LESSEE, its agents, employees or invitees, and said OWNER is hereby expressly released and discharged by LESSEE from any all liabilities for any loss, injury or damages to said property that may be sustained by reason of the occupancy and use by LESSEE of the Property. Section 7. Public Announcements. OWNER reserves the right to make public announcements during the Event. LESSEE is prohibited from making public announcements, other than those which pertain to the Event, without prior written approval of the OWNER. Section 8. Broadcast. The LESSEE will not broadcast, nor permit anyone else to broadcast, via radio, television, cable, satellite, internet or other electronic means, the Event, or any part thereof, produced within the Property, unless and until the OWNER shall have given its written permission therefore. If any of the conditions of such written permission are violated, the OWNER, at its option, may at any time stop such broadcasting. Section 9. Right to Inspect. OWNER shall have the right at all times to enter the Property to examine the same and to perform OWNER s duties as deemed necessary by the Owner, including, but not limited to, inspections of all rides, booths, games, and equipment. Section 10. Default. (a) A default of this Agreement shall be deemed to have occurred hereunder if: (i) LESSEE fails to pay the Lease Fee within five (5) days of the date its due, or otherwise fails to pay OWNER any amounts or sums to be paid by LESSEE when the same are due. (ii) LESSEE defaults in the performance or observance of any term, covenant, condition or provision of

170 this Agreement required of the Party, and such default continues for a period of one (1) day after service by the other party of written notice of such default. (iii) A party ceases to function as a going concern, becomes insolvent, makes an assignment for the benefit of creditors, files a petition in bankruptcy, permits a petition in bankruptcy to be filed against it (which petition is not dismissed within 60 days of its filing), admits in writing its inability to pay debts as they mature, or if a receiver is appointed for a substantial part of its assets. (b) No waiver by either party of any default or breach by LEASEE of its obligations hereunder shall be construed to be a waiver or release of any other or subsequent default or breach by LEASEE hereunder. Section 11. Termination. (a) (i) OWNER has the right to elect to terminate this Agreement, without cause, prior to the Term. Provided, however, that OWNER must give LESSEE thirty (30) days advance written notice of the intention to terminate this Agreement. (ii) In the event LESSEE fails to pay the Lease Fee when it is due, or otherwise fails to pay OWNER any amounts to be paid by LESSEE when such amounts are due, OWNER may, at its option, immediately terminate this Agreement. Section 12. Content Restrictions and Right to Control Facility. (i) No performance, exhibition or entertainment shall be given or held at the Event, which is indecent, obscene or immoral, including nudity and graphic obscenities. Should any such performance, exhibition or entertainment or any part thereof, be deemed by the OWNER to be indecent, obscene, immoral, or in any manner publicly offensive, OWNER shall have the authority to stop such event or to demand the removal of the objectionable subject. If the OWNER should exercise its prerogative hereunder, all Lease Fees and other costs and expenses due to OWNER will remain the property of the OWNER and any unpaid charges arising under this Agreement shall be considered payable to OWNER. (ii) OWNER reserves the right to eject or cause to be ejected from the Event any person or persons acting in contravention to this provision. The OWNER shall not be held liable to the LESSEE for its actions under this paragraph. (iii) Any artisans or workmen employed by LESSEE and may be refused entrance by OWNER, or its employees, agents or representatives for non-compliance with the provisions of the Agreement or for objectionable or improper conduct. Refusal of entrance by OWNER shall be without liability on the part of OWNER or its employees, agents and representatives. Section 13. Lawful Activity. In carrying out its obligations under this Agreement, LESSEE shall comply with all rules, regulations, laws and ordinances of the United States, the State of Mississippi, County of DeSoto, the City of Southaven and those established by the OWNER. The LESSEE will not do, nor suffer to be done, anything on or within the Property, in violation of any laws, ordinances, rules or regulations. If the attention of the LESSEE is called to any violation of the same on its part, or of any person employed by it or admitted to the Event, the LESSEE will immediately desist and correct the violation. The LESSEE shall have the responsibility for obtaining all permits or Leases required of it by said laws, ordinances, rules and regulations Section 14. Insurance. LESSEE shall furnish the OWNER not less than ten (10) days in advance of the Term, a certificate showing that there is in force a policy of public liability insurance in the form of comprehensive general liability insurance, in which the LESSEE is named as an insured and the OWNER as an additional insured, with limits of not less than $1,000,000 single limit and $2,000,000 aggregate coverage for the duration of the Term. All insurance

171 policies must reflect that it may not be canceled prior to the conclusion of the Term. The policy must also reflect coverage for bodily injury or death. LESSEE waives any right of subrogation against OWNER in connection with any insurance proceeds received by or due to OWNER. Section 15. Indemnification. LESSEE agrees to conduct its activities upon or within the Property so as not to endanger any person thereon and to indemnify, defend and save harmless the OWNER and OWNER s agents, employees, directors, contractors, and officials against any and all claims, costs or expenses, loss, injury, death, or damage to persons or property, including claims of employees of the LESSEE, or LESSEE s contractors, independent contractors, or subcontractors arising out of the negligence, acts, or failures to act by the LESSEE, its contractors, independent contractors, subcontractors, agents, members, invitees, or guests. LESSEE will not do or permit to be done anything in or upon any portion of the Property, or bring or keep anything therein or thereon, which will in any way conflict with the conditions of any insurance policies insuring the Property or any part thereof against loss. The presence of policemen, firemen, EMS personnel, inspectors or representatives of the OWNER shall in no event diminish or affect the duties, obligations or responsibilities of the LESSEE hereunder. Section 16. Liens. The LESSEE agrees to save the OWNER harmless from and indemnify it against any such cost, expenses and charge and from and against all claims, demands and liens of whatever character arising by reason of contract, express or implied, or negligence, or any other act of omission on the part of any person, firm or corporation other than OWNER, including all cost, expenses, and attorneys fees incurred by OWNER in responding to any asserted claim, demand, or lien. Section 17. Event Cancelation. OWNER has, at all times, final approval and control over any decision or decisions related to the cancellation of the Event. Section 18. Copyright. (i) The LESSEE agrees to assume full responsibility for complying with, and to indemnify, defend and save harmless the OWNER against any and all claims, costs or expenses, loss, injury, or damage arising out of any claim for violation of, the Federal Copyright Law of 1978 (17 U.S.C. 101 et seq.), as amended, Trademark Act of 1946, as amended and any other Federal and State laws applicable to the use of intellectual property, and any regulations issued there under, including but not limited to the assumption of any and all responsibilities for paying royalties which may be due for the use of copyrighted work and trademarks used in connection with the Event. (ii) Unless otherwise expressly provided herein, or otherwise agreed to by the parties, each party shall retain all right, title and interest, in and to all intellectual property held by the party, or Leased to the party, and the other party is granted no right, title, interest, or Lease in or to such other party s intellectual property rights. Notwithstanding the foregoing, LESSEE grants to OWNER the right to use images and depictions of the Event or Event advertising as part of its marketing, promotion and advertising of the City and/or the advertising opportunities available therein. Section 19. LESSEE s Assurance. LESSEE hereby certifies and guarantees that it has a valid and properly executed contract with the performer(s), exhibitor(s), or other person(s) whose services form the basis of the Event. Section 20. Assignment. The LESSEE shall not assign this Agreement or any rights hereunder, and any attempt to sell or assign this Agreement or any rights hereunder shall thereby terminate this agreement. Section 21. Ingress/Egress. All articles, exhibits, fixtures, materials, displays, rides, equipment, staging, and lighting of the LESSEE shall be brought into or taken on the Property only at such locations as may be designated by the OWNER.

172 Section 22. Parking. OWNER reserves the exclusive right to control parking for the Property, including the right to contract with third parties for parking services or management. Any revenues derived from parking shall be retained solely by OWNER. Section 23. Interruptions. OWNER shall retain the right to cause the interruption of the Event in the interest of public safety, and to likewise cause the termination of the Event when, in the sole judgment of the OWNER based upon reasonable circumstances, such act is necessary in the interest of public safety. In such event, LESSEE waives any and all claims for damages or compensation from OWNER. Section 24. Force Majeure. In the event the Property or any part thereof shall be destroyed or damaged by any cause beyond the control of the parties, or such events beyond the control of the parties prevents the fulfillment of this Lease by the OWNER impossible including, but without limitation thereto, flood, earthquake, acts of God, failure of utilities, the requisitioning of the premises by any governmental agency, riot, public disorder, violent demonstrations, civil commotion, labor dispute between the OWNER and its employees, agents, contractors or subcontractor, and other unforeseeable circumstances beyond the control of the parties which the affected party cannot avoid even by using its best efforts, then this Lease shall terminate. Lessee hereby waives any claims for damages or compensation, demands, and causes of action it may have against the OWNER should this Lease be so terminated. Section 25. Rules and Regulations for Facility Use. OWNER shall retain at all times the right to manage, operate and regulate the use of the Property. OWNER may promulgate rules and regulations, from time to time, regarding the use, occupancy and operations of the Property. LESSEE agrees to abide by all such rules and regulations as adopted by OWNER. Section 26. Miscellaneous. a. Situs. The situs of this Agreement is Southaven, Mississippi, and any action, claims, suits or disputes arising hereunder shall be governed by the law of the State of Mississippi. b. Paragraph Headings. The paragraph titles herein are for convenience only and do not define, limit or construe the contents of such paragraphs. c. No Agency. Nothing herein shall be construed so as to make LESSEE the agent, employee or representative of OWNER for any purpose. d. Waivers and Modifications. No waiver of any provision hereof, shall be effective unless stated in writing and signed by the OWNER and LEASEE. No such waiver shall constitute a waiver of the same provision on a subsequent occasion nor of any other provision of this Agreement. e. Entire Agreement. This Agreement, with items incorporated by reference, shall constitute the entire agreement between the parties, unless modified in writing and executed by OWNER and LESSEE. f. Attorney Fees and Costs. In the event of default by LESSEE of any terms of this Agreement, LESSEE shall be liable to OWNER for all reasonable attorney s fees, costs and other legal expenses incurred as a result therefrom. g. Force and Effect. This Agreement shall have no force or effect unless fully executed and may be executed in counterparts, which shall each be deemed an original. h. Severability. If any provision of this agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this agreement, or the application of the remainder of this agreement to persons or circumstances other than those to whom or to which it is held invalid, shall not be affected thereby.

173 i. Authority to Sign/Counterparts. The parties each represent that the person executing this document on behalf of such party has the power and authority to enter into this Agreement and such entity has the authority to consummate the transactions herein contemplated. The execution and delivery hereof and the performance by each party of its obligations hereunder will not violate or constitute an event of default under the terms or provisions of any agreement, document or other instrument to which it is a party or by which it is bound. All proceedings required to be taken by or on behalf of each party to authorize it to make, deliver and carry out the terms of this Agreement have been or will be duly and properly taken by each party and this Agreement is the legal, valid and binding obligation of the parties and is enforceable in accordance with its terms. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. j. Owner Naming Rights. LESSEE acknowledges that OWNER is bound to the marketing and advertising restrictions and prohibitions as set forth in OWNER S Agreement with BankPlus. LESSEE shall not undertake the marketing and selling of any advertising which would be contradictory to, or result in any breach of, the BankPlus Naming Agreement. Further, Lessee shall not undertake the marketing and selling of any advertising which constitutes a naming rights agreement, or partial naming rights agreement, without the express written consent of Owner. k. Impermissible Provisions Notice. LESSEE is on notice that the City is a body politic of the State of Mississippi and that Mississippi law provides that it is the duty of those contracting with a Mississippi public entity to see to it that the provisions of the contract are legal and enforceable. Notice is given that the City will not be bound to any provision of the contract which a Mississippi public entity cannot legally agree to or contract for. In executing the enclosed contract, the City does not waive any rights it may have to object to, contest, or refuse to comply with any provision of the contract that is impermissible by operations of the laws of the State of Mississippi. l. Gun and Weapon Notice. LESSEE, as a private entity, states that it chooses to not allow any weapons of any kind on the Property during the term of this Lease agreement. IN WITNESS WHEREOF, this Agreement has been executed by LEASEE the day of, 2019, and shall become effective and binding upon the parties upon the acceptance hereof by OWNER, as evidenced by the execution hereof by its duly authorized officer. CITY OF SOUTHAVEN BY: TITLE: _MAYOR LESSEE: BY: TITLE:

174 EXHIBIT A

175 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF SOUTHAVEN, MISSISSIPPI ADJUDICATING THE COST OF CLEANING PROPERTY, IMPOSING A PENALTY AND IMPOSING LIEN OF THE SAME AGAINST PROPERTY WHEREAS, the City of Southaven ( City ) has the authority, pursuant to Section of the Mississippi Code (1972) to clean up property within the City, under circumstances which create a menace to the public health and safety of the community, and WHEREAS, the Mayor and Board of Aldermen conducted hearings regarding various properties, as set forth in Exhibit A, and determined that the conditions and circumstances of such properties created a menace to the public health and safety of the community, and ordered the clean-up of the properties, and WHEREAS, pursuant to the authority granted to the City, the Mayor and Board of Aldermen contracted with an outside contractor who has undertaken and completed the clean-up of the properties, and WHEREAS, the Mayor and Board of Aldermen have heard proof and find as a fact that the actual cost of the clean-up is as attached hereto as Exhibit A, and WHEREAS, the Mayor and Board of Aldermen are desirous of imposing a penalty of Two Hundred Fifty Dollars and 00/100 ($250.00) per property per cutting, and WHEREAS, the Mayor and Board of Aldermen deem and resolve that the clean-up cost and penalty shall be collected as a lien against property and if not paid, the lien shall be converted as an assessment against each property, to be collected by the Tax Collector in the manner employed for the collection of all other taxes and assessments of the municipality, unless sooner collected through other means. NOW, THEREFORE, BE IT ORDERED by the Mayor and Board of Aldermen of the City of Southaven, Mississippi as follows, to wit: 1. The actual cost of the clean-up of properties listed in Exhibit A be assessed to the property and the same is hereby determined to be as set forth in Exhibit A attached hereto. 2. A penalty in the amount of $250 per lot per cutting as listed above be, and the same is hereby imposed against each parcel in addition to the actual cost of the property clean-up. In addition, any and all enrollment fees be collected by the City. 3. The total amount, as set forth above, be, and the same is hereby assessed against each property, to be filed as a lien and if not collected, to be converted as an assessment to be collected by the Tax Collector in v1

176 the manner used for collection of other municipal taxes and assessments, unless sooner collected through other means. Following the reading of this Resolution, it was introduced by Alderman and seconded by Alderman. The Resolution was then put to a roll call vote and the results were as follows, to-wit: Alderman William Brooks Alderman Kristian Kelly Alderman George Payne Alderman Joel Gallagher Alderman John David Wheeler Alderman Raymond Flores Alderman Charlie Hoots RESOLVED AND DONE this 16 th day of October, ATTEST: DARREN MUSSELWHITE, MAYOR CITY CLERK v v1

177 House Number Street Name Parcel ID # Number of Mowings Invoice Totals Demolition Fine Totals Enrollment Assessment Totals 357 ALEX COVE $84.00 $ $5.00 $ ANSLEY PARK LANE NORTH $ $ $10.00 $1, CEDARBROOK $ $1, $20.00 $1, CHARTER OAK $ $1, $20.00 $1, CHRISTYBROOK $ $ $15.00 $1, CLARINGTON $ $ $10.00 $ GREAT OAKS DRIVE $ $ $15.00 $1, GREAT OAKS DRIVE $ $1, $20.00 $1, OLD FORGE $ $ $15.00 $1, THORNWOOD $ $1, $20.00 $1, WALNUT HILL POINT $84.00 $ $5.00 $ WARWICK $ $1, $20.00 $1, WESTMINISTER $ $1, $20.00 $1, WHITEBROOK $84.00 $ $5.00 $ WOODRIDGE DRIVE WEST $ $1, $20.00 $1, WOODSMOKE $ $1, $20.00 $1, PARCEL $ $ $10.00 $1, PARCEL $ $ $10.00 $ PARCEL $ $ $10.00 $1, PARCEL $ $ $10.00 $ PARCEL $ $ $10.00 $ PARCEL $ $ $10.00 $ PARCEL $ $ $10.00 $ PARCEL $ $1, $20.00 $1, PARCEL $ $ $5.00 $ PARCEL $ $1, $20.00 $1, PARCEL $ $ $15.00 $1, PARCEL $ $1, $20.00 $1, PARCEL $ $ $5.00 $1, PARCEL $ $ $10.00 $1, PARCEL $ $ $5.00 $ PARCEL $ $ $5.00 $ PARCEL $ $ $5.00 $ PARCEL $ $ $5.00 $1, PARCEL $1, $ $5.00 $1, PARCEL $ $ $10.00 $1,324.00

178 8710 Northwest Drive

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180 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF SOUTHAVEN, MISSISSIPPI REPEALING THE SOUTHAVEN CODE OF ORDINANCES TITLE VIII, CHAPTER 6, SECTIONS WHEREAS, Mississippi Code Section provides the City of Southaven ( City ) shall have the power to exercise full jurisdiction in the matter of streets, and WHEREAS, Mississippi Code Section provides the City shall have the power to alter, modify and repeal orders, resolutions or ordinances with respect to such municipal affairs, property and finances which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972; and WHEREAS, in order to control traffic and protect the health, safety, welfare, comfort and convenience of the City s citizens, the City desires to prohibit activity in the City streets and public rights-of-way which obstructs, interferes, or impedes traffic, or creates a danger to pedestrians; and WHEREAS, the City desires to rely on certain provisions of the Mississippi Code Annotated of 1972, including but not limited to, Miss. Code Section ; Miss. Code Section ; and Miss. Code Section for the purpose of prohibiting activity in the City streets and public rights-of-way, which obstructs, interferes, or impedes traffic, or creates a danger to pedestrians; and WHEREAS, the prohibition of activity in the City streets and public rights-of-way, which obstructs, interferes, or impedes traffic, or creates a danger to pedestrians, shall be applied in a content neutral manner, so that such restriction applies to all activities; and NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF SOUTHAVEN, MISSISSIPPI, THAT BY RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF SOUTHAVEN, MISSISSIPPI TO REPEAL THE CITY OF SOUTHAVEN CODE OF ORDINANCES, TITLE VIII, CHAPTER 6, SECTIONS AS FOLLOWS: Chapter 6 Interference in Streets 1. City Code of Ordinance Title VIII, Chapter 6, Section shall be repealed. 2. City Code of Ordinance Title VIII, Chapter 6, Section shall be repealed. 3. City Code of Ordinance Title VIII, Chapter 6, Section shall be repealed. 4. City Code of Ordinance Title VIII, Chapter 6, Section shall be repealed. 5. City Code of Ordinance Title VIII, Chapter 6, Section shall be repealed.

181 NOW, THEREFORE BE IT ORDERED that the City Clerk, pursuant to Miss. Code , provide notice for the repeal CITY OF SOUTHAVEN CODE OF ORDINANCES, TITLE VIII, CHAPTER 6, SECTIONS in the Desoto Times for one (1) time. as follows: The foregoing Resolution was seconded by Alderman and brought to a vote Alderman Kristian Kelly Alderman Charlie Hoots Alderman George Payne Alderman Joel Gallagher Alderman John Wheeler Alderman Raymond Flores Alderman William Brooks voted: voted: voted: voted: voted: voted: voted: Having received a majority of affirmative votes, the Mayor declared that the Resolution was carried and adopted as set forth above on this the day of October, CITY OF SOUTHAVEN, MISSISSIPPI BY: DARREN MUSSELWHITE, MAYOR ATTEST: CITY CLERK

182 RESOLUTION FOR ASSESSING UNPAID SANITATION FEES WHEREAS, the City of Southaven ( City ) operates and maintains a garbage and rubbish collection system; and WHEREAS, the City previously implemented a $12.00 per month sanitation fee to defray the cost for the operating and maintaining of the garbage and rubbish collection system; and WHEREAS, despite correspondence requesting that the City residents pay the sanitation fee and providing the residents the opportunity to address the City Board at previous City meetings, the residents listed at the properties on Exhibit A have failed to pay the sanitation fee; and WHEREAS, the individuals were provided an opportunity for a hearing at the City Board Meetings regarding the delinquent assessments and chose not to attend the hearing; and WHEREAS, the City desires to collect the sanitation fees from the individuals and in the amount as set forth in Exhibit A; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Board of Aldermen of the City of Southaven, Mississippi, as follows, to-wit: 1. Pursuant to Mississippi Code Section , the City Public Works Director and his staff are authorized to notify the Desoto County Tax Collector of the unpaid fees for those residents as set forth in Exhibit A. Upon receipt of the residents and addresses as set forth in Exhibit A from the City, the Desoto County Tax Collector shall not issue or renew a motor vehicle road and bridge privilege license for the motor vehicle owned by those individuals, unless such fees or charges, in addition to any other taxes or fees assessed against the motor vehicle, are paid. 2. In lieu of filing the assessments with the Desoto County Tax Collector, the City, pursuant to Mississippi Code , may file a lien on the property offered the sanitation service. 3. The Mayor, City Public Works Director and any of their designees are authorized to take any and all action to effectuate the intent of this Resolution.

183 After a full discussion of this matter, ALDERMAN moved that the foregoing Resolution be adopted. The motion was seconded by ALDERMAN. Upon the question being put to a vote, Members of the Board of Aldermen voted as follows: Alderman William Brooks Alderman Kristian Kelly Alderman George Payne Alderman Joel Gallagher Alderman John Wheeler Alderman Raymond Flores Alderman Charlie Hoots voted: voted: voted: voted: voted: voted: voted: RESOLVED AND DONE, this 16th day of October, ATTEST: Darren Musselwhite, MAYOR City Clerk v1

184 Property Owners/Previous Tenants who live somewhere else in Desoto County other than service address (got letters to pay by certain date & never did) SERVICE ADDRESS: PROPERTY OWNER/ TENANT NAME: PROP. OWNER/TENANT PERSONAL ADDRESS: AMOUNT INFORMATION: ACTION: 5393 Peppermill Drive Darryl Henry James Cuttell 385 Nail Road, Southaven & 4899 Trolley Lane, Horn Lake STILL NOT PAID $93.20 (Carolyn Myers account) 5333 Woodchase Drive James Cliff Hodgetts 6780 Hickory Crest, Walls STILL NOT PAID $51.60 (Casey Johnson account) Car tag hold at ALL 3 address (Peppermill, Trolley, & Nail Road) Car tag hold at BOTH address (Woodchase & Hickory Crest) Address: Resident: ACTION: 5604 April Drive Clayton Durdin Car tag hold 945 Edgewood Drive Philip Lashlee Car tag hold 5014 Glenalden Cove Lisa Randl Car tag hold 8910 Grandview Cove Jerry Talley Car tag hold 1261 Great Oaks Doris O'Neel Car tag hold 1371 Great Oaks Ken Sanders Car tag hold 5878A Surrey Lane Carla Santiago Car tag hold 5878B Surrey Lane Jose Montoya Car tag hold 810 W.E. Ross Parkway Sarah Sheridan Car tag hold **List Current as of 10/11/18** Customers who got 8/22/18 Letter, to be paid by 9/21/18; Picked up carts on 9/26/18, Still Not Paid as of 10/11/18

185 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF SOUTHAVEN, MISSISSIPPI DECLARING SURPLUS PROPERTY WHEREAS, the City of Southaven ( City ) is presently in possession of Surplus Property consisting of a steel construction bridge, which currently has no use by the City and has been in storage by the City; and WHEREAS, it has been recommended to the Mayor and Board of Aldermen by the City that the bridge be declared as surplus and sold and/or disposed of pursuant to Mississippi Code (6); and WHEREAS, the Mayor and Board of Aldermen are desirous of disposing of the bridge, which is surplus property; and WHEREAS, the Mayor and Board of Aldermen hereby authorize that the bridge be declared as surplus and transferred pursuant to Miss. Code (m)(vi) as such transfer is in the best interest of the taxpayers as it will allow for equipment needed by Hernando, Mississippi Parks to be used and allow for the City to not incur any future costs for storage, upkeep, removal, or maintenance associated with the bridge; and NOW, THEREFORE, BE IT ORDERED by the Mayor and Board of Aldermen of the City of Southaven, Mississippi as follows, to wit: 1. The bridge be hereby declared to be surplus property and may be disposed of pursuant to Mississippi Code (6). 2. The Mayor is authorized to sign an agreement with Hernando, Mississippi for the transfer of the bridge and the Mayor, City Clerk and/or their designees are authorized to take any and all action to effectuate the intent of this Resolution. Motion was made by Alderman and seconded by Alderman, for the adoption of the above and foregoing Resolution, and the question being put to a roll call vote, the result was as follows:

186 Alderman William Brooks Alderman Kristian Kelly Alderman Charlie Hoots Alderman George Payne Alderman Joel Gallagher Alderman John Wheeler Alderman Raymond Flores voted: voted: voted: voted: voted: voted: voted: RESOLVED AND DONE, this 16th day of October, Darren Musselwhite, MAYOR ATTEST: Andrea Mullen, CITY CLERK v1

187 AGREEMENT FOR THE PURCHASE AND SALE OF SURPLUS PROPERTY This agreement is made entered into, effective as of the date of the last signature of the parties hereto, by and between the City of Hernando, Mississippi ( Hernando ) and City of Southaven, MS (the City ). WHEREAS, the City has found and determined that a certain steel construction bridge it possesses is surplus and no longer necessary for the City s operations. In particular, the City has determined that the bridge (the Surplus Property ) is no longer of use or value to the City; and WHEREAS, the Surplus Property qualifies as a commodity under Miss. Code Ann et. seq (the Public Purchases Statute ) and the City desires to dispose of the Surplus Property by sale to Hernando at an agreed upon price less than market value; and WHEREAS, the City makes a finding that it is in the best interest of the citizens and tax payers of the State of Mississippi so that the cost to the City for storage, removal, repair, and upkeep can be eliminated so that the City can transfer the Surplus Property as set forth herein. Such transfer being for the purpose of aiding Hernando Parks; and WHEREAS, Hernando is a governmental entity as defined by the Public Purchases Statute and Miss. Code Ann (m)(vi) permits intergovernmental sales and transfers of commodities at below market value between governmental entities when certain findings, such as those herein, have been made; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements contained herein and pursuant to the authority of Miss. Code Ann , et seq, of the Mississippi Code of 1972, the City and Hernando do hereby covenant, contract and agree as follows: 1. Hernando shall pay to the City the sum of One Dollar and 00/100 ($1.00) and incur all costs associated with removal and transfer of the Surplus Property. 2. Hernando shall assume the risk of loss of the Surplus Property at such time as the City gives physical possession of the Surplus Property to Hernando or its agents. The City is providing the Surplus Property AS IS without any warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose and warranties related to the operation of the Surplus Property. The City shall not be liable to Hernando, Hernando s employees, agents, guests, citizens, customers, vendors, contractors or any other third party or person claiming by or through Hernando or any other for any loss, injury or damage caused directly or indirectly, in whole or in party by the Surplus Property. 3. Miscellaneous Provisions. a. Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing, approved by the governing body of each party, with such approval spread upon its official minutes, and signed by each parties authorized representative. b. The failure of any party to insist upon strict compliance by another party shall not be deemed a waiver of its right to do so in the future. c. In case any one or more provisions set forth in this Agreement shall for any reason be held

188 invalid, illegal or unenforceable in any respect, any such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been incorporated therein. d. The parties each represent that the person executing this Agreement on behalf of such party has the power and authority to enter into this Agreement and such entity has the authority to consummate the transactions herein contemplated. All proceedings required to be taken by or on behalf of each party to authorize it to make, deliver and carry out the terms of this Agreement have been or will be duly and properly taken by each party and this Agreement is the legal, valid and binding obligation of the parties and is enforceable in accordance with its terms. This agreement may be executed in counterparts, which shall constitute an original. WITNESS the signature of the parties hereto after first being approved by the respective governing authorities. CITY OF HERNANDO MISSISSIPPI BY: N.C. TOM FERGUSON, MAYOR DATE: ATTEST: CLERK CITY OF SOUTHAVEN, MISSISSIPPI BY: DARREN MUSSELWHITE, MAYOR DATE: ATTEST: CLERK

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198 RESOLUTION GRANTING AUTHORITY TO CLEAN PRIVATE PROPERTY WHEREAS, the governing authorities of the City of Southaven, Mississippi, have received numerous complaints regarding the parcel of land located at the following address, to-wit: 4112 Triple Crown Loop 1195 McGowan Drive to the effect that the said parcel of land has been neglected whereby the grass height is in violation and there exist other unsafe conditions and that the parcel of land in the present condition is deemed to be a menace to the public health and safety of the community. WHEREAS, pursuant to Section of the Mississippi Code Annotated (1972), the governing authorities of the City of Southaven, Mississippi, provided the owners of the above described parcel of land with notice of the condition of their respective parcel of land and further provided them with notice of a hearing before the Mayor and Board of Aldermen on Tuesday, October 16, 2018, by United States mail and by posting said notice, to determine whether or not the said parcel of land were in such a state of uncleanliness as to be a menace to the public health and safety of the community. WHEREAS, none of the owners of the above described parcel of land appeared at the meeting of the Mayor and Board of Aldermen on Tuesday, October 16, 2018, to voice objection or to offer a defense.

199 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Mayor and Board of Alderman of the City of Southaven, Mississippi, that the above described parcel of land located at: 4112 Triple Crown Loop 1195 McGowan Drive is deemed in the existing condition to be a menace to the public health and safety of the community. BE IT FURTHER RESOLVED that the City of Southaven shall, if the owners of the above described parcel of land do not do so themselves, immediately proceed to clean the respective parcel of land, by the use of municipal employees or by contract, by cutting weeds and grass and removing rubbish and other debris. Following the reading of this Resolution, it was introduced by Alderman and seconded by Alderman the results were as follows, to-wit:. The Resolution was then put to a roll call vote and ALDERMAN VOTED Alderman William Brooks Alderman Kristian Kelly Alderman Charlie Hoots Alderman George Payne Alderman Joel Gallagher Alderman John Wheeler Alderman Raymond Flores

200 The Resolution, having received a majority vote of all Aldermen present, was declared adopted on this, the 16th day of October, CITY OF SOUTHAVEN, MISSISSIPPI BY: DARREN MUSSELWHITE MAYOR ATTEST: ANDREA MULLEN CITY CLERK (S E A L)

201 City of Southaven Office of Planning and Development Subdivision Staff Report Date of Hearing: September 24, 2018 Public Hearing Body: Applicant: Total Acreage: Existing Zone: Planning Commission Tim Paxton 3650 Southwind Park Cove Suite 110 Memphis, TN acres Planned Unit Development (Gardens of Belle Pointe) North of Church Road, east of Getwell Road Location of Subdivision Application Comprehensive Plan Designation: Low density residential Staff Comments: The applicant is requesting subdivision approval for Gardens of Belle Pointe phase 1 on the north side of Church Road, east of Getwell Road. This PUD was approved in 2017 and per the text this area had lots ranging in size from 9,100 sq. ft. to 20,000+ sq. ft. and a heated square footage minimum of 2,000. This phase encompasses the entrance into the development, and two large common open spaces which have been identified as wet detention in the text. There are an additional two common open spaces which are shown at the cross section of Arrington Way and Kensley Court. There is a stub out to the east and north to future development in the subdivision and also a cove which is located on the west side. The main entrance is wider than normal due to the boulevard design submitted with the PUD documents. The setbacks which were approved prior to this application are shown in the general notes on this plat. The only difference seen from the preliminary phasing submittal and this application is the number of lots which has been decreased from 37 to 34. The additional three lots are still identified in the future phasing plan. Staff Recommendations: This application submittal is compliant with the originally approved documents in the PUD text. Staff has gotten with the emergency communications department to ensure that the street names are not repetitive. There is an HOA required and approved with this subdivision which will ensure maintenance of the common open space areas. All this being said, staff recommends approval. City of Southaven, City Hall Executive Board Room 8710 Northwest Drive Southaven, MS 38671

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203 City of Southaven Office of Planning and Development Subdivision Staff Report Date of Hearing: September 24, 2018 Public Hearing Body: Applicant: Total Acreage: Existing Zone: Location of Subdivision Application Planning Commission R&W Developers, LLC 5627 Getwell Road, Bldg C Suite acres Central Park PUD West of Tchulahoma Road, south of Stateline Road High/medium density residential Comprehensive Plan Designation: Staff Comments: The applicant is requesting subdivision approval for Central Park Section P on the west side of Tchulahoma Road, south of Stateline Road. This section can be accessed directly from Rasco Road off of Tchulahoma. This section encompasses 9.63? acres with 69 lots ranging in size from 6,000 sq. ft. up to 8,000+ sq. ft. The section extends the existing Emeline Drive and proposes a new cove- Benjamin Harrison Drive which ends in a cove radius. It is adjacent to the city park- Central Park and provides access at the end of the cove between lots 933 and 934. Staff Recommendations: There is a difference in acreage from the plat submitted showing acres and the application submitted which shows 9.63 acres. Staff does not see any common open space associated with this section so it will need to be determined which acreage is accurate. Staff s only comment would be that Benjamin Harrison Drive is actually a long cove as opposed to a drive. Fire code allows for a 500 cove as a typical standard; however, when a design comes in with a longer distance it will require additional fire hydrants on the street to allow for proper accessibility. Staff would ask that the name be changed from Drive to Cove and that the applicant works with the fire department to determine the needs for additional hydrants. This submittal conforms with the original master plan for Central Park. Staff has no further comments and recommends approval. City of Southaven, City Hall Executive Board Room 8710 Northwest Drive Southaven, MS 38671

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205 SECTION "P"

206 City of Southaven Office of Planning and Development Subdivision Staff Report Date of Hearing: September 24, 2018 Public Hearing Body: Applicant: Total Acreage: Existing Zone: Location of Subdivision Application Planning Commission R&W Developers, LLC 5627 Getwell Road, Bldg C Suite acres Central Park PUD West of Tchulahoma Road, south of Stateline Road High/medium density residential Comprehensive Plan Designation: Staff Comments: The applicant is requesting subdivision approval for Central Park Section O on the west side of Tchulahoma Road, south of Stateline Road. This section can be accessed directly from Central Ridge Drive off of Tchulahoma. This section encompasses 9.60 acres with 35 lots ranging in size from 6,000 sq. ft. up to 8,000+ sq. ft. The section extends the existing Grayce Drive and proposes a new cove at the end of Grayce. There is a small portion of Park Pike Drive that is incorporated in this section which will allow access into the existing section N. At the end of the cove there is approximately 1.45 acres of natural area that is being shown as city preservation area which was approved as part of the original PUD. It is an extension of an existing preservation area that is already owned by the city. Staff Recommendations: Staff s only comment would be that Grayce Drive is actually carrying into a cove as opposed to a drive so there needs to be a breaking point in the designation so that fire and police can make a determination during an emergency call. Staff will submit the proposed section to emergency communication and get a final determination prior to recording. Fire code allows for a 500 cove as a typical standard; however, when a design comes in with a longer distance it will require additional fire hydrants on the street to allow for proper accessibility. This submittal conforms with the original master plan for Central Park. Staff has no further comments and recommends approval. City of Southaven, City Hall Executive Board Room 8710 Northwest Drive Southaven, MS 38671

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209 City of Southaven Office of Planning and Development Subdivision Staff Report Date of Hearing: September 24, 2018 Public Hearing Body: Applicant: Total Acreage: Existing Zone: Location of Subdivision Application Planning Commission Stanley Thorne 1535 Nottingham Drive Southaven, MS acres Light Industrial (M-1) West of Hwy. 51, south of First Commercial Drive Light Industrial/Heavy Commercial Comprehensive Plan Designation: Staff Comments: The applicant is requesting subdivision approval to take the existing lot 40 of the Southaven First Commercial Subdivision Section C and further subdivide it. Lot 40, per the recorded plat encompasses acres and the applicant is requesting to take this acreage and break it down into 15 lots ranging in size from 1.0 acres to 2.06 acres. There is an existing road that stubs out into this property- First Commercial South which the applicant is proposing to carry into this development and create a T intersection which will carry into two coves to the east and west. There is an existing sanitary sewer easement which has been identified on this plat which carries east and west along lots 4-12 and also carries north and south on lots 12 and 13. The road is shown with a typical right of way width of 68 to continue with the existing road design. Since this area is typically used as industrial which has larger trucks the road is designed for two extra wide lanes. The coves radiuses have been designed to conform to large eighteen wheeler turn around which will suffice for emergency vehicle apparatuses. Staff Recommendations: To clean up this plat it would be the suggestion of staff that this lot 40 be removed from the original subdivision. As shown on the latest recorded plat they have already identified properties to the north as lots 40a-40e and since this is designed to be an autonomous subdivision in itself, it would make more sense to vacate the Southaven First Commercial and rename it to identify it differently from the existing section C. There is a significant amount of floodplain in this area so the lots and slabs will need to be raised a foot above flood plain level. Staff has sent the streets names over to emergency communications to ensure there is not repetitiveness in them before recording. The submitted plan is conducive to the surrounding area and layout and with the comments stated staff recommends approval. City of Southaven, City Hall Executive Board Room 8710 Northwest Drive Southaven, MS 38671

210 City of Southaven, City Hall Executive Board Room 8710 Northwest Drive Southaven, MS 38671

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213 City of Southaven Office of Planning and Development Subdivision Staff Report Date of Hearing: September 24, 2018 Public Hearing Body: Applicant: Total Acreage: Existing Zone: Location of Subdivision Application Planning Commission North MS Real Estate Mgmt Corporate Center Germantown, TN acres Planned Commercial (C-4) Northeast corner of Getwell Road and Nail Road Commercial Comprehensive Plan Designation: Staff Comments: The applicant is requesting subdivision approval for Guaranty Bank Subdivision on the northeast corner of Getwell Road and Nail Road. The applicant is proposing to take the total 2.8 acres and subdivide it into two equal lots of 1.4 acres each. Right of way for both Nail Road and Getwell Road have been dedicated and all improvements have been completed to both roads prior to this application. There does seem to be an area along the linear frontage of Nail Road where the ROW is identified inside the lot line of lot 2 which totals acres. The setbacks shown on the plat identify a fifty (50) foot and a twenty-five (25) foot for the building areas. There are no identified ingress/egress easements or public utility easements shown on the plat. Staff Recommendations: Staffs only comment would be that the setbacks shown do not correctly address the minimum for rear setback which is set in the code of ordinances as fifteen (15) feet. Since we don t know the orientation of the hard corner building it may be less confusing to just add the setback requirements to the general notes and remove them from the lot design unless the applicant has done this for a specific reason. Staff has no further comments and recommends approval. City of Southaven, City Hall Executive Board Room 8710 Northwest Drive Southaven, MS 38671

214 VICINITY MAP (NTS) NORTH

215 City of Southaven Office of Planning and Development Design Review Staff Report Date of Hearing: September 24, 2018 Public Hearing Body: Applicant: Total Acreage: Existing Zone: Location of Design Review Application Planning Commission Tom Fowlkes Coleman Funeral Home 630 Star Landing Road Southaven, MS acres Agricultural AG North side of Star Landing Road, west of Swinnea Road Low density residential Comprehensive Plan Designation: Staff Comments: The applicant is requesting design review approval for a 7,999 sq. ft. funeral home to be located on the north side of Star Landing Road, west of Swinnea Road in the Desoto Memorial Gardens cemetery. The following items were submitted: Building Elevations: The applicant is proposing to use brick for the entire building façade. Brick soldiers are used around the windows to accent the design. There is a small portion on the rear of the building (north elevation) above a canopy area that is shown as wood siding. The entry points and columns on all sides of the building are shown in a cedar timber. In addition, the columns are showing a wainscot of stacked stone. The canopy on the rear of the building is shown as metal standing seam. The roofline varies from a traditional pitch to a hip roof. Architectural shingles are shown for the entire roofed area. Window lines along the front and sides are traditional and without shutters. The rear of the building has an additional set of windows above the door which are irregular and fit the area between the pitched roof line. There is a single garage door situated on the east side of the building shown as 10 x8. There is an 8 masonry wall running north from the building which is meant to screen the ground mounted equipment and the dumpster location. There is no photometric plan submitted. Landscaping: The landscape plan incorporates the following materials: City of Southaven, City Hall Executive Board Room 8710 Northwest Drive Southaven, MS 38671

216 Shade trees- Pin Oak, Scarlet Oak, Red Maple and Autumn Blaze Maple. No caliper size identified. Ornamental trees- None Shrubs: evergreens to be determined by developer Per the plan, the applicant is placing a double row of evergreen shrubs along the streetscape with a uniform line of Autumn Blaze Maples in front of the shrubs. The median in the parking lot against the property frontage have a single Scarlet Oak and the medians within the parking lot have two each. Around the building perimeter the applicant is showing a single line of evergreen shrubs and an Autumn Blaze Maple at each corner along the frontage. The planting bed on the east end of the frontage shows additional shrubs with a single Scarlet Oak. Behind the building next to the brick screen wall the applicant has shown a single row of shrubs and three Autumn Blaze Maples. Staff Recommendations: Staff was not able to determine the colors prior to the meeting because the samples had not arrived. The applicant states that all materials will be matching the existing site in Olive Branch (see PDF). Staff has no problem with the proposed elevations from Olive Branch but the applicant needs to submit color elevations and color samples before a final formal submittal can be granted. As for the landscape, the applicant did not address sizes and did not identify placement for a couple of the species identified in the legend. Per the site plan, they need to increase the size of the landscape width along Star Landing Road from sixteen (16) to twenty (20) feet. There is a redline copy of the landscape also that needs to be reviewed and addressed by the applicant. All new construction sites require the decorative lighting and this site is no different. Acorn lights are usually the standard for traditional looks such as this building; however, the applicant may opt to go with another one but will need to submit it to staff for final approval. The location of the lights should be at both entry points on each side. The applicant may opt to use them in the parking lot or may opt to use standard shoebox spec lights for that area. Staff recommends approval with comments. City of Southaven, City Hall Executive Board Room 8710 Northwest Drive Southaven, MS 38671

217 MATERIAL AND COLOR SCHEDULE ARTHUR R. NAVE ARCHITECT 401 GOODLAND CIRCLE MEMPHIS, TN com SOUTH ELEVATION BRICK STONE COLEMAN FUNERAL HOME STAR LANDING ROAD SOUTHAVEN, MS WEST ELEVATION EAST ELEVATION No. Revision Date SEPT 20, 2018 NORTH ELEVATION - LEFT NORTH ELEVATION -RIGHT CE1

218 ARTHUR R. NAVE ARCHITECT 401 GOODLAND CIRCLE MEMPHIS, TN com SOUTH ELEVATION COLEMAN FUNERAL HOME STAR LANDING ROAD SOUTHAVEN, MS WEST ELEVATION EAST ELEVATION No. Revision Date NORTH ELEVATION A2

219 18. Mayor's Report

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223 SILO SQUARE TIF Current Property Tax Projected Property Tax Existing Sales Tax Projected Sales Tax Total Available for Debt Service $ 1,861 $ 693,913 $0 $ 619,528 $ 1,311,580 $ 256,209 (Residential Property Tax) $ 437,704 (Commercial/Mixed-Use Property Tax) $ 47,840,000 Total Sales $ 3,348,800 State of Mississippi 7% $ 619,528 City Diversion of 18.5% Total Tax Revenue (Property, Sales, Hotel, and Restaurant) $ 1,605,480 Total Tax Revenue Available to Service TIF (Excluding Residential) $ 1,057,232 Proposed Maximum Tax Revenue (50%) to Service TIF $ 528, $ 5,000,000 Bond Amount 15 Term 4.25% Interest Rate % ($457,602) Annual Payment D/S $ 853,978 Projected Surplus after Debt Service $ 87,150 Hotel Motel Tax Revenue $ 206,750 Penny for Parks Revenue $ 1,147,878 Annual Revenues after Debt Service

224 ($649,795.02)

225 Input Output/Workload Efficiency Effectivenes Risk Public Investment $ 7,100,000 Private Investment $ 200,000,000 Acres of Land assembled for TIF 228 Environmental remediation costs Bond Proceeds Jobs created or retained # of Streetscaping fixtures installed Commercial space created (sq ft) 306,800 Hotel units Acres of land remediated Parking garage spaces Leverage ratio (private investment/public investment 28.2 Cost per sq ft of commercial space Cost per parking garage space Public subsidies per job created/retained Suplus TIF dollars as a % of annual incremental revenues Assessed value (AV) within TIF versus AV in rest of city Assessed value within TIF and after TIF creation Municipal sales taxes before and after TIF Creation Debt coverage ratio Credit ratings of anchor tenants Tenant diversification (top tenants % of AV)

226 AV City Tax Lofts TV Single Family H and K $ 844,012 $ 36,909 $ 875,000 I $ 1,688,024 $ 73,817 $ 875,000 J $ 1,246,847 $ 54,525 $ 700,000 L $ 2,079,307 $ 90,928 $ 700,000 $ 5,858,190 $ 256,179 $ 350,000 $ 350,000 Total Project AV $ 15,867,435 $ 693, $ 1,313,411 $ 700,000 $ 700,000 % of Project AV is SF 37% 37% 19.5% $ 1,050,000 $ 1,050,000 $ 1,225,000 $ 1,225,000 $ 1,225, $ 1,050,000 $ 1,225,000 $ 4,500,000 TV PerProp $ 17,800,000 $ 8,440,068 $ 16,880,136 $ 12,468,470 $ 20,793,337 $ 58,582,011 SF Residential $ 113,679,511 $ 55,097,500 Loft/Commercial $ 11,630, %

227 SILO SQUARE TIF Current Property Tax Projected Property Tax Existing Sales Tax Projected Sales Tax Total Available for D/S $ 1,861 $ 693,913 $ - $ 619,528 $ 1,311,580 $ 256,209 (Residential Property Tax) $ 437,704 (Commercial/Mixed-Use Property Tax) $ 47,840,000 Total Sales $ 3,348,800 State of Mississippi 7% $ 619,528 City Diversion of 18.5% Total Tax Revenue Available to Service TIF (Excluding Residential) $ 1,055,371 Proposed Tax Revenue (60.7%) to Service TIF $ 641,138 $ 7,000,000 Bond Amount 15 Term 4.25% Interest Rate % ($640,643) Annual Payment D/S $ 670,937 Projected Surplus after D/S $ 87,150 Hotel Motel Tax Revenue $ 206,750 Penny for Parks Revenue $ 964,837 Annual Revenues after D/S

228 LOAN AMORTIZATION SCHEDULE ENTER VALUES Loan amount Annual interest rate Loan period in years Number of payments per year Start date of loan LOAN SUMMARY $7,000, Scheduled payment $640, % Scheduled number of payments Actual number of payments 1 1 Total early payments #REF! 5/1/2018 Total interest #REF! Optional extra payments $0.00 LENDER NAME DRAFT PMT NO PAYMENT DATE BEGINNING BALANCE SCHEDULED PAYMENT EXTRA PAYMENT TOTAL PAYMENT PRINCIPAL INTEREST ENDING BALANCE CUMULATIVE INTEREST 1 5/1/2018 $7,000, $640, $0.00 $640, $343, $297, $6,656, $297, /1/2018 $6,656, $640, $0.00 $640, $357, $282, $6,299, $580, /1/2018 $6,299, $640, $0.00 $640, $372, $267, $5,926, $848, /1/2018 $5,926, $640, $0.00 $640, $388, $251, $5,537, $1,099, /1/2018 $5,537, $640, $0.00 $640, $405, $235, $5,132, $1,335, /1/2018 $5,132, $640, $0.00 $640, $422, $218, $4,709, $1,553, /1/2018 $4,709, $640, $0.00 $640, $440, $200, $4,269, $1,753, /1/2018 $4,269, $640, $0.00 $640, $459, $181, $3,809, $1,935, /1/2019 $3,809, $640, $0.00 $640, $478, $161, $3,331, $2,096, /1/2019 $3,331, $640, $0.00 $640, $499, $141, $2,832, $2,238, /1/2019 $2,832, $640, $0.00 $640, $520, $120, $2,311, $2,358, /1/2019 $2,311, $640, $0.00 $640, $542, $98, $1,769, $2,457, /1/2019 $1,769, $640, $0.00 $640, $565, $75, $1,203, $2,532, /1/2019 $1,203, $640, $0.00 $640, $589, $51, $614, $2,583, /1/2019 $614, $640, $0.00 $614, $588, $26, $0.00 $2,609, #NAME?

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236 ($649,795.02)

237 Input Output/Workload Efficiency Effectivenes Risk Public Investment $ 7,100,000 Private Investment $ 200,000,000 Acres of Land assembled for TIF 228 Environmental remediation costs Bond Proceeds Jobs created or retained # of Streetscaping fixtures installed Commercial space created (sq ft) 306,800 Hotel units Acres of land remediated Parking garage spaces Leverage ratio (private investment/public investment 28.2 Cost per sq ft of commercial space Cost per parking garage space Public subsidies per job created/retained Suplus TIF dollars as a % of annual incremental revenues Assessed value (AV) within TIF versus AV in rest of city Assessed value within TIF and after TIF creation Municipal sales taxes before and after TIF Creation Debt coverage ratio Credit ratings of anchor tenants Tenant diversification (top tenants % of AV)

238 AV City Tax Lofts TV Single Family H and K $ 844,012 $ 36,909 $ 875,000 I $ 1,688,024 $ 73,817 $ 875,000 J $ 1,246,847 $ 54,525 $ 700,000 L $ 2,079,307 $ 90,928 $ 700,000 $ 5,858,190 $ 256,179 $ 350,000 $ 350,000 Total Project AV $ 15,867,435 $ 693, $ 1,313,411 $ 700,000 $ 700,000 % of Project AV is SF 37% 37% 19.5% $ 1,050,000 $ 1,050,000 $ 1,225,000 $ 1,225,000 $ 1,225, $ 1,050,000 $ 1,225,000 $ 4,500,000 TV PerProp $ 17,800, % $ 8,440,068 $ 16,880,136 $ 12,468,470 $ 20,793,337 Single Fam TV $ 8,440,068 $ 58,582,011 SF Residential $ 16,880, $ 113,679,511 $ 20,793,337 $ 58,582,011 $ 55,097,500 Loft/Commercial $ 11,630, % $ 76,382, % 67.2% $ 37,297, % 100.0% $ 113,679,511

239 CBL/Towne Center Outlet/Poag* Silo Sq Project Year Total Sq Ft Project 848, , ,800** Construction Costs $ 150,000,000 $ 70,000,000 $ 200,000,000 TIF Bonds Authorized $ 11,500,000 $ 15,000,000 $ 5,000,000 Projected Sales $ $ 136,250,000 $ 116,250,000 $ 47,800,000 Projected Sales PSF $ 161 $ 375 $ 250 Projected Sales to City $ 1,764,438 $ 1,699,688 $ 620,000 TIF Bonds Issued $ 9,200,000 $ 15,000,000 $ 5,000,000 TIF Bond Term 15 Years 20 Years 15 Years TIF Bond Debt Service $ 905,354 $ 1,340,000 $ 457,602 TIF as % of Project Cost 6.13% 21.43% 2.50% *Not funded via TIF ** Excludes Sq Ft of SFR

240 19. Citizen's Agenda

241 Personnel Docket October 16, 2018 Payroll Additions Department Position Title Start Date Rate of Pay Jeffrey Dunn Utility Service Tech TBD $12.00 Kasey Livingston Fire Fire Fighhter II TBD $15.57 Courvorsier Marion * Parks Laborer 10/22/2018 $11.50 Mary Roberts Planning Bldg Permit Clerk TBD $16.00 Johntel Turner ** Parks Laborer 10/22/2018 $11.50 *pending 1 pre-emp screening ** pending 2 pre-emp screenings Pay Adjustments Previous Classification New Classification Effective Date Proposed Rate of Pay Stipend Type of Stipend Effective Date Yearly Amount Police Lance Weems ACC 10/29/2018 $ Resignations/Terminations Department Current Position Title Effective Date Rate of Pay Colby T. Carroll Public Works Operator 10/11/2018 $15.00 Emily Baggett Crossing Guard Police 8/6/2018 $9.00 Thomas Greene Crossing Guard Police 10/16/2018 $9.00 Anita Hester Crossing Guard Police 10/16/2018 $9.00 JoAnn Loopez Crossing Guard Police 10/15/2018 $9.00 Roy Melton Crossing Guard Police 12/31/2017 $9.00 Andreanne Moore Crossing Guard Police 10/16/2018 $9.00 Angela Tabor Crossing Guard Police 10/16/2018 $9.00

242 21. City Attorney s Legal Update

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