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Legal Notices

AMENDED ORDINANCE PROVIDING FOR THE CONTROL OF ALL ANIMALS IDENTIFICATION AND VACCINATION OF ALL DOGS WITHIN THE COUNTY LIMITS OF MARSHALL COUNTY, MISSISSIPPI

BE IT ORDAINED BY THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF MARSHALL, MISSISSIPPI:

SECTION 1. DEFINITIONS

That for the purpose of this Ordinance, the following definitions shall apply when used herein:

(a) The word "dog" shall include both the male and female sex of the canine species.

(b) The word "owner" shall include any person, partnership, firm, or corporation owning, keeping or harboring one or more dogs.

(c)The words "at large" shall mean outside the enclosed premises of the owner.

(d) The words "Dangerous dog" shall mean a dog that, without provocation, has chase or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite, or has bitten, or has maimed, killed or otherwise endangered any person, dog or other animal.

"Dangerous Dog" shall not include:

(1) A police dog while being used to assist law enforcement officials in the performance of their official duties;

(2) A dog attempting to prevent a trespass or other criminal offense on the property of its owner, keeper or harborer.

(e) The words "Pit Bull Dogs" and dogs belonging to the breed of dogs commonly referred to as "Pit Bull Terriers" shall be considered prima facie as dangerous dogs under the terms and provisions of this Ordinance.

(f) The words "proper enclosure" or "secure enclosure" shall mean a locked pen which has a top, or any other locked enclosure which has a top, or a locked fence yard which will securely confine the dog and which will prevent the dog from escaping.

(g) The words "without provocation" shall mean that the dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.

(h) The words "menacing fashion" shall mean that the dog would cause a reasonable person being chased or approached to believe that the dog would attempt to cause physical injury to that person.

(I) The words "restraint" shall mean that said dog be under the actual physical control of the owner.

(j) The words "securely tied" shall mean a dog is confined to the owner’s premises by means of a properly fitted collar or harness attached to a rope, chain or leash.

(k) The word "pack" shall mean two or more dogs at large grouped or traveling together that do not have any means of identification and/or proof of vaccination.

(l) The word "county" shall mean the County of Marshall, Mississippi, and any and every place within the designated limits of the County of Marshall, Mississippi.

SECTION 2. VACCINATIONS

Provisions 1. Every person in the County of Marshall, Mississippi, who owns or has in his possession or who keeps or harbors any dog within the corporate limits of said County, shall have and keep such dog inoculated (vaccinated) against rabies, as provided by the laws of the State of Mississippi, and as provided by the rules and regulations prescribed and promulgated by the Mississippi State Board of Health and it shall be unlawful for any person to own, possess, keep or harbor any dog within the corporate limits of said County of Marshall unless such dog has been so inoculated against rabies.

Provision 2. Every dog so vaccinated must bear a suitable metal tag which may be bradded to the collar or harness of such dog which said dog tag shall have stamped thereon the serial number of the vaccination, the year in which said dog was vaccinated and the name of the owner of said dog.

Provision 3. If any dog should be without such tag at any time such action shall be prima facie evidence that the owner has failed to have such dog vaccinated as provided by law and such action shall be a violation of this Ordinance.

SECTION 3. HYDROPHOBIA (RABIES)

Provision 1. If any dog within said County shall at any time have rabies, or shall be suspected by the County Health Officer or his representative of having rabies, or shall have been exposed to rabies, such dog shall be safely confined by its owner and all respects dealt with in accordance with the direction of the County Health Officer.

Provision 2. If any dog suffering with rabies or reasonably suspected of suffering with rabies is caused or permitted to be at large within the corporate limits of said County, such dog may be killed by any police officer of such County without such officer having to catch or impound such dog. No action shall be maintained by the owner of such dog for said animal being destroyed.

Provision 3. Whenever the Board of Supervisors of said County find and adjudge, by order or resolution by them duly passed and entered upon their minutes, that it has become necessary to further safeguard the public from the dangers of Hydrophobia (Rabies), they may, in the exercise of their sound discretion, issue a proclamation directing every person owning or possessing a dog in said County to securely confine such dog on the premises of the owner thereof. Any dog caused or permitted to be at large in violation of the terms of any such proclamation may be dealt with in the same manner as hereinabove provided. Before any such proclamation, the President of the Board of Supervisors of said County may, in their discretion, seek and abide by the advise of the County Health Office or other representative of the Board of health of the State of Mississippi.

Provision 4. Any dog confined by the County without a current rabies tag shall not be released to the owner until at such time as the owner provides proof of a current rabies vaccination or provides the vaccination by a license veterinarian. If the aforesaid dog is in violation of the ordinance and has no current rabies tag, then the dog can be destroyed.

SECTION 4. INJURED, NEGLECTED

OR ABANDONED DOGS

Provision 1. If any dog in the county limits of said County is found to be neglected or abandoned or if in the opinion of the Board of Supervisors it be injured or diseased past recovery then said dog may be humanely destroyed by any police officer or other designated representative of the County. No action shall be maintained by the owner of such dog for said animal being destroyed.

SECTION 5. DANGEROUS ANIMAL

Provision 1. The following animals are hereby found and determined to be dangerous animals and as such are subject to all requirements and provisions of this article.

(a) Any animals, other than domestic dogs and cats, which in a wild state are carnivorous or poisonous or which, due to their physical makeup or capabilities, are capable of inflicting serious physical harm or death to human beings.

This includes but is not limited to, animals belonging to the cat or snake family, including all constrictors, bears, wolverines, badgers, lions, tigers and such other animals as the Board of Supervisors may from time to time determine by order of resolution to be vicious animals. The Chancery Clerk is authorized to compile and maintain a list of such animals as may be determined to be regulated by this article.

(b) Any Pit Bull Terrier, which shall be herein defined as any Pit Bull Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Pit Bull Terrier or American Pit Bull Terrier so as to be identifiable as partially of the breed of Pit Bull Terrier or American Pit Bull Terrier by any qualified veterinarian duly licensed as such by the state.

(c) Any domestic dog or cat or any other animal that exhibits any of the following characteristics:

(1) Without provocation approaches, in a threatening or terrorizing manner, any person in any apparent attitude of attack or exhibits any behavior that constitutes a physical threat of bodily harm to a person upon the streets, sidewalks, any public or common grounds or places, or in any place where such person is conducting himself peaceably and lawfully;

(2) Without provocation bites, inflicts injury, assaults or otherwise attacks a person, in any place where such person is conducting himself peaceably and lawfully, or when such animals is not on the property of the owner of the attacking animal;

(3) A known propensity, tendency or disposition to attack without provocation, to cause injury, or to otherwise endanger the safety of human beings or other domestic animals.

(4) Owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

Provision 2. For the purposes of this article, a person shall be considered to be peaceably and lawfully upon the private property of any owner of an animal when he is on such property in the performance of any duty imposed upon him by any laws or postal regulations of the United States or any political subdivision thereof or when he is on such property upon invitation, expressed or implied.

Provision 3. The provisions of this section notwithstanding, no animal may be determined to be dangerous due to the fact that it:

(a) Inflicts injury or damage on a person who is committing a willful trespass or other tort upon the premises occupied by the person owning or in possession of the animal or who is teasing, tormenting, abusing or assaulting the animal or who is committing or attempting to commit a crime;

(b) Inflicts injury or damage on another domestic animal that is or was teasing, tormenting, abusing or assaulting the animal;

(c) Takes any action to defend or protect a human being within the immediate vicinity of the animal from any unjustified attack or assault.

Provision 4. Unless specifically stated to the contrary, the following are exempt from the requirements of this article:

(a) Any duly authorized and lawfully operating dealers in animals within the County;

(b) Any lawfully operated circus, carnival, performing act or similar functions and events of a temporary nature as may be authorized by the County;

(c) Dogs or other animals lawfully used to guard private property;

(d) Dogs or other animals assisting a peace officer engaged in law enforcement duties;

(e) Animals in a licensed veterinary, animal or small animal hospital for treatment or kept in a bona fide educational, medical or other research institution or in zoos, museums or similar places where such animals are kept as live exhibits or for study.

SECTION 6. ENCLOSURES

Provision 1. All pens and other enclosed areas within which dogs may be enclosed shall be kept in a clean and sanitary manner and free from odor.

(a) The number of dogs kept in all pens and other enclosed areas shall not be large enough to interfere with the proper enjoyment of nearby property or to create a material annoyance, disturbance or discomfort to adjoining property owners. Any dog or dogs, regardless of number or size, which, due to excessive barking or howling, cause such an interference, annoyance, disturbance or discomfort, shall be deemed, upon inspection and verification y any police officer or other designated county official, to be in violation of this section.

(b) Neither the number of dogs nor the manner in which they are kept shall be such as to create a public or private nuisance.

Provision 2. It shall be unlawful for any person who owns or has in his possession or under his control or who keeps or harbors any dog within the County limits to cause or permit any such dog to be at large within the County unless such dog is under the actual physical control of such person.

Provision 3. It shall be unlawful for any person who owns or has in his possession or under his control or who keeps or harbors any female dog in heat within the county limits to cause or permit any such female dog in heat to be at large within the County at any time. Every female dog in heat shall be kept confined in a building or other secure enclosure in such a manner that such female dog cannot come into contact with another animal except in the instances of planned breeding activities.

SECTION 7. PENALTIES

Provision 1. If any dog is caused or permitted or is found to be at large within the County limits in violation of the foregoing sections of this Ordinance, any police officer or other designated representative of said County may issue to the known owner of such animal a written citation of violation of this Ordinance. The First violation shall result in the owner of said dog being issued a citation that shall impose upon the owner a penalty of Twenty-five Dollars ($25.00). The second violation shall result in the owner of said dog being issued a citation that shall impose upon the owner a penalty of Fifty Dollars ($50.00). The Third violation shall result in the owner of said dog being issued a citation that shall impose upon the owner a penalty of One Hundred Dollars ($100.00). If said dog still remains at large after the owner has been issued a maximum of three (3) citations then an arrest warrant shall be issued to the owner and if found guilty of violation of this Ordinance he shall be fined not more than One Thousand Dollars ($1,000.00) and/or sentenced to not more than six (6) months in jail. County may humanely destroy said dog without having to catch or impound such dog. No action shall be maintained by the owner of such dog for said animal being destroyed.

Provision 2. Said penalties may be paid by the owner to County of Marshall, Mississippi, or its designee within seventy-two (72) hours in full satisfaction of the assessed fine. In the event that such fine is not paid within the prescribed time period, a criminal warrant shall be issued for the owner and upon conviction of a violation of this Ordinance before the Justice Court, the owner shall be punished as provided in regards to a misdemeanor in Provision 3 of Section 7.

Provision 3. The failure or refusal of any person to comply with any of the provisions of this Ordinance, and the violation of any provision of this Ordinance by any person shall constitute a misdemeanor, and any person guilty of any violation of any provision of this Ordinance shall, on conviction thereof, be fined for the first offense in a sum not to exceed Twenty-five Dollars ($25.00); and the second offense in an sum not to exceed Fifty Dollars ($50.00); and for the Third Offense a sum not to exceed One Hundred Dollars ($100.00); and for any subsequent offense a sum not to exceed One Thousand Dollars ($1,000.00) and/or six (6) months in jail. Any dog captured after the Fourth Offense will not be returned to its owner, and shall be available for adoption and if the aforesaid dog is not adopted within seven (7) days then said dog can be destroyed. If the aforesaid dog is adopted and then this ordinance is violated again by the same dog, then the aforesaid dog can be destroyed.

SECTION 8. ENFORCEMENT

Provision 1. The Sheriff’s Office and any other designated representative of the County shall have the primary duty and responsibility of enforcing the provisions of this Ordinance and any such designated representative and police officer is fully authorized and empowered to enforce any and all of the provisions hereof.

SECTION 9. SEVERABILITY

Provision 1 This Ordinance has been considered section by section, provision by provision, and as a whole, and if any section or provision hereof should be held unconstitutional or invalid for any reason, the remaining sections and provisions hereof shall be valid, it being hereby declared that all constitutional and valid provisions hereof would have been enacted after the exclusion of any section or provision which might be found to be unconstitutional or invalid.

SECTION 10.

The County may contract with any independent party to enforce all provisions of this Ordinance.

SECTION 11. EFFECTIVE DATE

The Chancery Clerk shall cause this Ordinance to be published as soon as possible after the passage hereof and this Ordinance shall become effective thirty (30) days after the date of its adoption.

The foregoing Ordinance having first been reduced to writing, was read and considered by section and each of said sections was adopted by the following vote, to wit:

WHEREUPON, said Ordinance was put to a vote upon final passage as a whole, and the same was passed as read within the following vote:

SUPERVISORS VOTING "YEA"

Willie Flemon

Eddie Dixon

Keith Taylor

George Zinn, III

Ronnie Joe Bennett

SUPERVISORS VOTING "NAY"

None

SUPERVISORS ABSENT OR NOT VOTING:

None

THEREUPON, the President of the Board of Supervisors declared said Ordinance approved and adopted on this the 14th day of March, 2006.

Eddie Dixon

PRESIDENT OF THE BOARD OF SUPERVISORS

MARSHALL COUNTY, MISSISSIPPI

ATTEST:

C.W. (Chuck) Thomas

Chancery Clerk

(11c)


PUBLIC NOTICE

Cellular South, located at 125 South Congress Street, Suite 1000, Jackson, Mississippi 39201, in accordance with National Environmental Policy Act (NEPA) Regulations and Section 106 of the National Historic Preservation Act (NHPA) is requesting from the Federal Communications Commission authorization to construct a 300 foot guyed telecommunications tower to be constructed off Mississippi Hwy 7, approximately 13 miles south of U S Hwy 78 near Waterford, Mississippi, 38685 at latitude 34° 33’ 52.9" north and longitude 89° 28’ 55.2" west, in Marshall County, Mississippi.

Persons wishing to comment regarding potential impacts to historical or archaeological properties in the area of the proposed action may do so within 30 days following the publication of this notice. All comments should reference project CEL01P0617 and be sent to the attention of Mr. Henry Fisher, Environmental Engineers, Inc., 11578 U.S. Highway 411, Branchville, AL 35120. Mr. Fisher may also be reached via email at hfisher@envciv.com, via telephone at (205) 629-3868, via facsimile at (877) 847-3060.

(11c)


Marshall County School District

Grass cutting bids

Marshall County School District will be accepting bids for grass cutting at all six schools in the district. The school campuses are Byhalia High School, Galena School, Byhalia Elementary/Middle School, Potts Camp School, Mary Reid School, and H. W. Byers School.

All grass within the boundary of each campus, excluding all athletic fields at Byhalia High School, will be included in each cutting; fenced and enclosed areas also included.

Grass is to be cut twice a month, shrubs to be trimmed, and walkways and other areas are to be trimmed with a weed eater. All grass clippings and debris to be blown off sidewalks with a blower.

Sealed bids on the total package may be submitted to the Central Office at 158 East College Avenue, Holly Springs, MS 38635. Name, address and phone number should be on all bids.

For more information, please contact Mr. R.C. Anderson at 662-252-4271 between the hours of 8:00 A.M. and 4:00 P.M.

Bids will be accepted until March 28, 2006 until 4:00 P.M. Bids will be opened on March 30, 2006 at 10:00 A.M. at the Central Office, 158 East College Avenue, Holly Springs MS 38635.

Note: Bids should be made based on single cutting for all six campuses.

(11-12c)


NOTICE OF SALE

WHEREAS, the United States of America, acting by and through the United States Department of Agriculture, is the owner and holder of the following real estate deed(s) of trust, securing an indebtedness therein mentioned and covering certain real estate hereinafter described located in Marshall County, Mississippi, said deed(s) of trust being duly recorded in the Office of the Chancery Clerk in and for said County and State:

Grantors: May Bell Liggins; Date Executed: March 14, 1991; Trust Deed Book: 169; Page 641.

Grantors: May Bell Liggins; Date Executed: Re-recorded March 22, 1991; Trust Deed Book: 169; Page 762.

WHEREAS, default has occurred in the payment of the indebtedness secured by said deed(s) of trust, and the United States of America, as Beneficiary, has authorized and instructed me as Substitute Trustee to foreclose said deed(s) of trust by advertisement and sale at public auction in accordance with the statutes made and provided therefor.

THEREFORE, notice is hereby given that pursuant to the power of sale contained in said deed(s) of trust and in accordance with the statutes made and provided therefor, the said deed(s) of trust will be foreclosed and the property covered thereby and hereinafter described will be sold at public auction to the highest bidder for cash at the South front door of the County Courthouse in the city of Holly Springs, Mississippi, in the aforesaid County and will sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.) on April 10, 2006, to satisfy the indebtedness now due under and secured by said deed(s) of trust.

I will convey only such title as is vested in me as Substitute Trustee.

The premises to be sold are described as:

Commencing at the Northwest Corner of the Northwest Quarter of Section 17, Township 5 South, Range 4 West run thence South with the West line of MS Highway No. 309, 440 feet; thence East 80 feet to the point of beginning, on the East boundary of said MS Highway No. 309; run thence South 4 degs. 30’ East with the East boundary of said highway 185 feet; thence North 72 degs. 30’ East 733 feet to a point on the West boundary of a public road; thence North 29 degs 30’ west with the west boundary of said public road 200 feet; thence South 83 degs. 15’ West 642 feet to the point of beginning, containing 3.00 acres, more or less and also being know as Lot No. 13 of the Cary Tucker Subdivision. Marshall County, Mississippi.

March 16, 2006 __________________

Date Jimmy W. Cross

Substitute Trustee

Duly authorized to act in

the premises by instru-

ment dated October 13,

1998, and recorded in

Book PA-57, Page 26,

of the records of the

aforesaid County and

State.

(11-14c)


SUBSTITUTE TRUSTEES NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF Marshall

WHEREAS, on the 24th day of July, 1997, Henry E. Martin and his wife Shirley Martin, executed and delivered a certain Deed of Trust unto Kim Lewis, Trustee for First Family Financial Services, Inc., Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 225 at Page 278; and

WHEREAS, on the 6th day of February, 2006, the Holder of said Deed of Trust substituted and appointed Emily Kaye Courteau as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Book 402 at Page 505; and

WHEREAS, default having been made in the payments of the indebtedness secured by the said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on the 12th day of April, 2006, I will during legal hours, at public outcry, offer for sale and will sell, at the south door of the Marshall County Courthouse at Holly Springs, Mississippi, for cash to the highest bidder, the following described land and property situated in Marshall County, Mississippi, to-wit:

Parcel No. 7 of the Kimberly Farms Unrecorded Subdivision, said parcel more particularly described as follows:

Beginning at a point in Mississippi State Highway 309, at the Northeast corner of the South one-half of Section 7, Township 5 South, Range 4 West, and from said point running thence South along the east line of said Section 7 and along said highway a distance of 1,371.42 feet to a point, said point being the point of beginning for the description of said parcel no. 7; from said point of beginning, thence South along the East line of said Section 7 and along said highway a distance of 228.57 feet to a point; thence turning and running North 88°, 53' West, and parallel with the North line of the said South one-half of said Section 7, a distance of 1930.00 feet to a point; thence turning and running North and parallel with the East line of said Section 7 a distance of 228.57 feet to a point, thence turning and running South 88°, 53' East and parallel with the North line of said South one-half of the said Section 7 a distance of 1930.00 feet to the point of beginning; containing 10.125 acres, more or less.

I will only convey such title as is vested in me as Substitute Trustee.

WITNESS MY SIGNATURE, this day March 7, 2006

Emily Kaye Courteau

SUBSTITUTE TRUSTEE

2309 OLIVER ROAD

MONROE, LA 71201

(318) 330-9020

KC/F06-0072

PUBLISH: 3-16-06/3-23-06/3-30-06/4-6-06

(11-14c)


MISSISSIPPI

PUBLIC SERVICE COMMISSION

JACKSON, MISSISSIPPI

March 08, 2006

2006-UN-86

MARSHALL UTILITY SERVICES, INC.

SD003217300

IN RE:

NOTICE OF MARSHALL UTILITY SERVICES, INC. OF ITS TARIFF FILING WHICH PROPOSES TO ESTABLISH RATES FOR ITS SEWER SERVICES IN ITS CERTIFICATED AREA IN MARSHALL COUNTY, MISSISSIPPI.

N O T I C E

NOTICE is hereby given that on the 27th day of February, 2006, Marshall Utility Services, Inc. filed with the Mississippi Public Service Commission the above referenced matter.

Any person desiring to participate in or receive further notice of these proceedings is required under Rule 6J of the Commission’s Public Utility Rules of Practice and Procedure to file a written petition to intervene on or before twenty (20) days from the date of this notice.

This cause is returnable to the next regular meeting of the Commission to be held at 10:00 A.M., Tuesday, April 4, 2006, in the Mississippi Public Service Commission Hearing Room, 1st Floor, Woolfolk State Office Building, Jackson, Mississippi. This cause may be heard on said return date, if a hearing is necessary, or be subject to being set for disposition on a hearing date not less than twenty (20) days from the date of publication of this Notice. If protest, answer or other appropriate pleading is on file in response to this matter, the Commission will consider same on said hearing date.

WITNESS MY HAND AND THE OFFICIAL SEAL of the Mississippi Public Service Commission, on this, the 8th day of March 2006.

BRIAN U. RAY

Executive Secretary

(11c)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE OF

JAMES CARL PIPKIN, SR., DECEASED CAUSE NO. 06-0132A

NOTICE TO CREDITORS

Letters Testamentary having been issued to the undersigned by the Chancery Court of Marshall County, Mississippi on the 10th day of March, 2006, as Co-Executors of the Estate of James Carl Pipkin, Sr., deceased.

NOTICE is hereby given to all persons having claims against said estate to have the same probated, registered, and allowed by the Clerk of the Court within ninety (90) days from this date, and failure to do so, will forever bar said claim or claims.

This the 10th day of March, 2006.

/S/ JAMES CARL PIPKIN, JR.,

CO-EXECUTOR OF

THE ESTATE OF JAMES CARL PIPKIN, SR.,

DECEASED

/S/ BRIAN PERRY PIPKIN, CO-EXECUTOR OF

THE ESTATE OF JAMES CARL PIPKIN, SR.,

DECEASED

/S/ J. KIZER JONES

ATTORNEY AT LAW

POST OFFICE BOX 117

HOLLY SPRINGS, MISSISSIPPI 38635

PHONE: 662-252-3788

11-13c)


IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

IN THE MATTER OF THE ESTATE OF

DOROTHY POWERS RATHER, DECEASED CAUSE NO. 06-0133A

NOTICE TO CREDITORS

Letters Testamentary having been issued to the undersigned by the Chancery Court of Marshall County, Mississippi on the 10th day of March, 2006, as Executor of the Estate of Dorothy Powers Rather, deceased.

NOTICE is hereby given to all persons having claims against said estate to have the same probated, registered, and allowed by the Clerk of the Court within ninety (90) days from this date, and failure to do so, will forever bar said claim or claims.

This the 10th day of March, 2006.

/S/ JOHN EDWARD RATHER, JR.,

EXECUTOR OF THE ESTATE OF

DOROTHY POWERS RATHER,

DECEASED

/S/ J. KIZER JONES

ATTORNEY AT LAW

POST OFFICE BOX 117

HOLLY SPRINGS, MISSISSIPPI 38635

PHONE: 662-252-3788

ATTORNEY FOR EXECUTOR

(11-13c)


ADVERTISEMENT

REQUEST FOR PROPOSALS ("RFP") FOR RESIDENTIAL WASTE COLLECTION

Friday March 31, 2006

MARSHALL COUNTY, MISSISSIPPI

I. ADVERTISEMENT.

The Board of Supervisors ("the Board") of Marshall County, Mississippi is soliciting sealed written proposals on behalf of Marshall County, Mississippi (the "County") pursuant to MISS. CODE ANN." 17-17-5 and 31-7-13(r) (Supp. 2001) (the "Act") to provide collection of Residential Waste from Residential Units located in Marshall County and delivery of such Residential Waste to a Disposal Site approved by the County (the "Services") as described in the General Provisions and Specifications herein (the "Specifications"). Sealed proposals will be received by the Board until 12:00 Noon local time on Friday, March 31. 2006 in the County Administrator's Office, for Residential Waste Collection as specified in the Request For Proposals. The deadline for asking interpretations, clarifications or questions shall be 5:00 P. M. Friday March 24.2006.

The Request For Proposals, including the Advertisement, Instructions to Proposers, General Provisions and Specifications, Statement of Qualification Form and Proposal Form, are on file and open to public inspection in the office of the County Administrator, Marshall County, 128 Van Dorn Avenue, Holly Springs, Mississippi 38635. Two copies of the contract documents and proposal forms may be procured from the County Administrator's Office (Telephone 662-252-7903) upon payment of fifty dollars ($50.00), which will not be refunded. Electronic copies are available from the RFP Agent (contact information is listed below) after first depositing $50.00 with the County Administrator's Office.

The contract period (the "Term") shall begin June 14,2006 and shall end June 13,2009, provided, however, the contract period may be extended for up to three (3) additional one (1) year terms each at the option of the County. The County shall notify the Contractor in writing of its election to extend the term of the contract period not later than thirty (30) days prior to the expiration of the initial or any renewal term. In no event will the contract period be greater than six (6) years.

Proposals shall be typewritten or printed in ink and only on the Proposal Forms provided. Proposals must be submitted in a sealed envelope, box or container. All corrections and erasures shall be initialed by the person signing the proposal. Each person submitting a proposal pursuant to this RFP shall be referred to as a "Proposer" or "Respondent". All Proposers shall be required to supply the information required by the "Statement of Qualifications Form". A proposal may not be modified, supplemented, altered, withdrawn or canceled by the Proposer for a period of ninety (90) days following the date and time designated for receipt of proposals.

1The County reserves the right to reject any and all proposals, and to waive informalities in proposals, and to select the proposal or proposals that, in the opinion of the County shall be the most qualified proposal, on the basis of price, financial responsibility, technology, legal responsibilities, responsiveness to the RFP and these specifications, cost of Services to the County, overall satisfaction of the functional specifications and requirements set forth in these Specifications, experience of Proposer (personnel qualifications and experience, past performance and quality of service), demonstrated ability to service local governments of similar size, Schedule of Operations, implementation plans, and assistance in changeover, financial capabilities of Proposer, ability to provide Emergency Operations services, availability of equipment and personnel to provide the Services and other relevant factors. In accordance with the Act, after selection of the most qualified proposal or proposals, the County may negotiate and enter contracts with one or more of the persons or firms submitting proposals and such contracts may not necessarily be limited to the terms of the proposals submitted. If the County deems none of the ,proposals to be qualified or otherwise acceptable, the request for proposal process may be reinitiated, modified or terminated.

All information submitted in response to this RFP will be considered public information after the award of a contract or the termination of the RFP process.

No telephonic, electronic, telegraphic or facsimile proposals will be accepted. Proposals received after the date and time listed for receipt will be returned unopened to the Proposer. Proposals must be clearly identified as such on the front of the sealed envelope or box in which the proposal is submitted, and the words "Proposals for Residential Waste Collection RFP Deadline: 12:00 Noon Local Time Friday March 31. 2006" should be clearly written on the front of the envelope or box along with Proposer's name and address. Responsibility for timely submittal lies solely with the Proposer. Proposals submitted after 12:00 Noon Local Time Friday March 31, 2006 shall not be opened or considered.

Should any Proposer find any discrepancies or omissions from the Specifications or in any other proposed RFP documents, or should the Proposer be in doubt as to their meaning, the Proposer should at once notify and obtain an interpretation or clarification from the County's RFP Agent, Environmental Business Services (the "RFP Agent") Every request for an interpretation and/or clarification, whether relating to Specifications or requirements, must be made in writing and addressed to the County's RFP Agent. Written inquiries may be submitted by United States Mail, overnight delivery service, email or facsimile. The deadline for asking interpretations, clarifications or questions shall be 5:00 P. M. Friday March 24. 2006. Any interpretation or clarification given in accordance with such request and pursuant to this provision shall be made only by the County's RFP Agent and the County, and shall be in writing, with copies forwarded to all parties requesting RFP specifications. No oral interpretation, instruction or information given by any employee or agent of the County or RFP Agent shall be binding and may not be relied upon by any Proposer. The County reserves the right to officially modify, amend, supplement, alter or cancel this RFP at any time after issuance. Such modifications shall be made only by written addendum furnished by the County's RFP Agent, an acknowledgment of which must be submitted with the Respondent's proposal. The County's RFP Agent may be contacted as follows:

RFP Agent:

Jim McNaughton

Environmental Business Services

5016 West Concord Road

Brentwood, TN 37027

jimmcnaughton@comcast.net

Phone 615-371-5207

Fax 615-468-4505

Before submitting any proposal, the Proposer should (a) verify the participating Residential Units, volumes (tonnage) of Residential Wastes to be disposed of (b) arrive at a clear understanding of the conditions under which the Services are to be provided, and (c) complete any other investigations and inquiries as deemed necessary by the Proposer prior to submitting a proposal.

All Proposers are required to submit a Proposal Security made payable to the County in the amount of $25,000.00 with the Proposal. Such Proposal Bond may be in the form of a certified or cashier's check drawn on a national or Mississippi bank or in the form of a bid bond by a corporate surety licensed to do business in Mississippi and acceptable to the County. Such Proposal Bond shall remain valid for a minimum of ninety (90) days from the RFP Deadline. Such Proposal Security shall be forfeited if the Proposer fails to comply with any of the two

Proposal Security requirements as follows:

1. Required to enter into a contract awarded to it by the County under this RFP.

2. Required to deliver a performance bond as required by the RFP.

A Certificate of Insurance evidencing the coverage set forth in the General Specifications must also accompany each Proposal. Each respondent should submit one original and three copies of its proposal. The original must be clearly marked and must contain the original signatures on all Proposal Forms. All Proposal Forms must be submitted in a sealed envelope or box, addressed in conformance with the requirements previously described herein and submitted to:

County Administrator's Office

Attn: Board of Supervisors

Marshall County Courthouse

128 Van Dorn Avenue

Holly Springs, Mississippi 38625

WITNESS MY SIGNATURE THIS, the 13 day of March, 2006.

Larry Hall, County Administrator

Marshall County Board of Supervisors

SUBMITTED THE SOUTH REPORTER

FOR PUBLICATION ON: Thursday March 16, 2006

Thursday March 23, 2006

(11-12c)


TRUSTEE’S NOTICE OF SALE

WHEREAS, on April 28, 2000, Joe Wilson, single, executed a Deed of Trust to Donald D. Dees, as Trustee for Veterans’ Home Purchase Board of the State of Mississippi, Beneficiary, which is recorded in the office of the Chancery Clerk of Marshall County, MS, in Book 264 Page 784;

WHEREAS, on February 22, 2006, Veterans’ Home Purchase Board of the State of Mississippi substituted Mark S. Mayfield as Trustee, as recorded in Book 403 Page 556;

WHEREAS, there being a default in the terms and conditions of the Deed of Trust and the entire debt secured having been declared to be due and payable in accordance with its terms, the Veterans' Home Purchase Board of the State of Mississippi, the holder of the debt has requested the Trustee to execute the trust and sell said land and property pursuant to its terms in order to raise the sums due, with attorney’s and trustee’s fees, and expenses of sale;

NOW, THEREFORE, I, Mark S. Mayfield, Trustee for said Deed of Trust, will on April 6, 2006, offer for sale at public outcry, and sell within legal hours (being between the hours of 11:00 A.M., and 4:00 P.M.), at the south main door of the County Courthouse of Marshall County, MS, to the highest and best bidder for cash, the following described property situated in Marshall County, MS, to-wit:

Per Exhibit "A", attached.

I will convey only such title as is vested in me as Trustee.

WITNESS my signature this March 16, 2006.

MARK S. MAYFIELD, Trustee

Exhibit A

Record in Sectional Index for: 0.891 acres, more or less, located in the N.W. 1/4 of the N.W. 1/4 of Section 36, Township 3 South, Range 3 West, and the N.E. 1/4 of the N.E. 1/4 of Section 35, Township 3 South, Range 3 West, City of Holly Springs, Marshall County, MS.

0.891 acres of land in the N.W. 1/4 of the N.W. 1/4 of Section 36, Township 3 South, Range 3 West, and the N.E. 1/4 of the N.E. 1/4 of Section 35, Township 3 South, Range 3 West, City of Holly Springs, Marshall County, Mississippi and being more particularly described as follows:

Commence at a 1" pipe found at the N.W. Corner of Section 36, Township 3 South, Range 3 West; thence South 1164.40 feet; thence East 229.39 feet to an axle found on the South r/w of Woodward Avenue, said point being the Point of Beginning; thence South 61 degrees 57 minutes 06 seconds West 267.16 feet to an axle found; thence North 5 degrees 28 minutes 57 seconds East 348.58 feet to a 1/2" rebar set on said r/w; thence South 42 degrees 26 minutes 54 seconds East 300.00 feet along said r/w to the Point of Beginning.

Said Tract containing 0.891 acres, more or less (38,815 square feet).

All according to survey prepared by Donald Hollingsworth, RLS #2525, dated April 15, 2000.

(11-14c)



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