Details for IN THE CHANCERY COURT OF DESOTO COUNTY, MISSISSIPPI IN THE MATTER OF THE ENLARGING, EXTENDING AND DEFINING THE CORPORATE LIMITS AND BOUNDARIES OF THE CITY OF OLIVE BRANCH, DESOTO COUNTY, MISSISSIPPI CITY OF OLIVE BRANCH, MISSISSIPPI PLAINTIFF VS.

Updated

IN THE CHANCERY COURT OF DESOTO COUNTY, MISSISSIPPI

IN THE MATTER OF THE ENLARGING,

EXTENDING AND DEFINING THE CORPORATE

LIMITS AND BOUNDARIES OF THE CITY

OF OLIVE BRANCH, DESOTO COUNTY, MISSISSIPPI

CITY OF OLIVE BRANCH, MISSISSIPPI PLAINTIFF

VS. CAUSE NO. 18-CV-02230

CITY OF SOUTHAVEN, MISSISSIPPI and

CITY OF HERNANDO, MISSISSIPPI DEFENDANTS

NOTICE OF HEARING ON COMPLAINT IN THE NATURE OF A PETITION FOR THE RATIFICATION, APPROVAL, AND CONFIRMATION OF AN ORDINANCE ENLARGING, EXTENDING, AND DEFINING THE CORPORATE LIMITS AND BOUNDARIES OF THE CITY OF OLIVE BRANCH, DESOTO COUNTY, MISSISSIPPI

NOTICE IS HEREBY GIVEN that a Complaint in the Nature of a Petition for the Ratification, Approval, and Confirmation of an Ordinance Enlarging, Extending, and Defining the Corporate Limits and Boundaries of the City of Olive Branch, DeSoto County, Mississippi, has been filed in Cause No. 2018-cv-02230 pursuant to an Ordinance having been duly and legally adopted by the Mayor and Board of Aldermen of the City of Olive Branch, Mississippi, on November 20, 2018, which Ordinance is in the following words and figures, to wit:

AN ORDINANCE ENLARGING, EXTENDING, AND DEFINING THE CORPORATE LIMITS AND BOUNDARIES OF THE CITY OF OLIVE BRANCH, DESOTO COUNTY, MISSISSIPPI; SPECIFYING THE IMPROVEMENTS TO BE MADE IN THE ANNEXED TERRITORY AND THE MUNICIPAL OR PUBLIC SERVICES TO BE RENDERED THEREIN; AND FOR OTHER PURPOSES RELATED THERETO.

BE IT ORDAINED BY THE MAYOR AND ALDERMEN OF THE CITY OF OLIVE BRANCH, MISSISSIPPI:

SECTION 1. It is hereby found and determined that the public convenience and necessity require that the corporate boundaries of the City of Olive Branch, Mississippi, be and the same are hereby extended and enlarged so as to embrace the adjacent and unincorporated land and territory in DeSoto County, Mississippi hereinafter described.

SECTION 2. The unincorporated land and territory which is added to and included in the corporate limits of the City of Olive Branch, Mississippi, is situated in DeSoto County, Mississippi, and is more particularly described as follows:

CITY OF OLIVE BRANCH, MISSISSIPPI

PROPOSED ANNEXATION AREA

Parcel 1

Commencing at a point at the intersection of the South Right-of-Way line of the Burlington Northern Railroad and the North line of Section 12, Township 2 South, Range 6 West; said point also being located on the existing corporate limits of the City of Olive Branch, Mississippi as described in the Final Decree filed on July 2, 2015 in the office of the Chancery Clerk of Desoto County, Mississippi, and also being the POINT OF BEGINNING;

Thence leaving said corporate limits, run Southeasterly along the South Right-of-Way line of the Burlington Northern Railroad for a distance of 1,890 feet, more or less, to a point, said point also being on the East line of a parcel described in Deed Book 327, Page 2, in the Office of the Chancery Clerk of DeSoto County, Mississippi;

Thence Southerly along the East line of said parcel described in Deed Book 327, Page 2, to its intersection with the South line of the North half of Section 12, Township 2 South, Range 6 West;

Thence Westerly along the South line of the North half of said Section 12 to its intersection with the East line of the West half of said Section 12;

Thence Southerly along the East line of the West half of said Section 12 and continuing along the East line of the West half of Section 13, Township 2 South, Range 6 West, to its intersection with the South Right-of-Way of Miller Road;

Thence Westerly along the South Right-of-Way of Miller Road to its intersection with the Northwest corner of a parcel described in Deed Book 820, Page 117, in the Office of the Chancery Clerk of DeSoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 820, Page 117, and its extension, to its intersection with the North line of a parcel described in Deed Book 774, Page 737, in the Office of the Chancery Clerk of DeSoto County, Mississippi, said point also being located on the South line of the North half of Section 24, Township 2 South, Range 6 West;

Thence Westerly along the South line of the North half of said Section 24 to its intersection with the East line of Section 23, Township 2 South, Range 6 West;

Thence Southerly along the East line of said Section 23 and continuing along the East lines of Section 26, Township 2 South, Range 6 West, and Section 35, Township 2 South, Range 6 West, to its intersection with the South Right-of-Way of Interstate 269;

Thence Westerly along the South Right-of-Way of Interstate 269 to its intersection with the center thread of the Coldwater River;

Thence Southwesterly along the center thread of the Coldwater River to its intersection with the South line of Section 17, Township 3 South, Range 6 West;

Thence Westerly along the South line of said Section 17 and continuing along the South line of Section 18, Township 3 South, Range 6 West, to the Southwest corner of said Section 18;

Thence Northerly along the West line of said Section 18 and continuing along the West lines of Section 7, Township 3 South, Range 6 West, and Section 6, Township 3 South, Range 6 West, to its intersection with the South line of the North half of Section 1, Township 3 South, Range 7 West;

Thence Westerly along the South line of the North half of said Section 1 and continuing along the South line of the North half of Section 2, Township 3 South, Range 7 West, to its intersection with the West Right-of-Way line of Malone Road;

Thence Northerly along said West Right-of-Way line of Malone Road for 3.5 miles, more or less, to its intersection with the South line of Section 15, Township 2 South, Range 7 West, said point also being located on the existing corporate limits of the City of Southaven, Mississippi as described in the Final Judgement filed November 30, 2009, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence run Easterly along the South line of said Section 15 to the Southeast corner of said Section 15, said point also being located on said corporate limits of the City of Southaven, Mississippi, said point also being the Southwest corner of Section 14, Township 2 South, Range 7 West;

Thence, following said corporate limits, run North along the West line of said Section 14, and continuing along the West line of Section 11, Township 2 South, Range 7 West, to the Northwest corner of said Section 11, said point also being located on the existing corporate limits of the City of Southaven, Mississippi as described in the Final Judgement filed November 30, 2009, in the Office of the Chancery Clerk of Desoto County, Mississippi, said point also being located on the existing corporate limits of the City of Olive Branch, Mississippi as described in the Final Decree filed on July 2, 2015, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence run Easterly and continue along said existing corporate limits of the City of Olive Branch, Mississippi, to its intersection with a point on the South Right-of-Way line of the Burlington Northern Railroad, said point also being the POINT OF BEGINNING.

Parcel 2

Beginning at a point on the East line of partial Section 18, Township 1 South, Range 5 West, said point also being located on the Tennessee-Mississippi State Line, said point also being located on the existing corporate limits of the City of Olive Branch, Mississippi as described in the Final Decree filed on July 2, 2015, in the Office of the Chancery Clerk of Desoto County, Mississippi, said point also being the POINT OF BEGINNING;

Thence Easterly along said Tennessee-Mississippi State Line 2.0 miles, more or less, to its intersection with the East line of partial Section 16, Township 1 South, Range 5 West, said point also being on the DeSoto-Marshall, Mississippi County Line;

Thence Southerly along said County Line for 1.6 miles, more or less, to its intersection with the South line of a parcel described in Deed Book 335, Page 205, in the Office of the Chancery Clerk of DeSoto County, Mississippi;

Thence Westerly along the South line of said parcel described in Deed Book 335, Page 205 to the Southwest corner of said parcel;

Thence Southerly along the extension of the West line of said parcel described in Deed Book 335, Page 205 to its intersection with the Easterly extension of the South line of a parcel described in Deed Book 346, Page 337, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the Easterly extension of the South line of said parcel described in Deed Book 346, Page 337 to a point on the Southwest corner of said parcel, said point also being on the East right-of-way of Payne Lane;

Thence Westerly along the Westerly extension of the South line of said parcel described in Deed Book 346, Page 337 to a point on the West right-of-way line of Payne Lane, said point also being on the East line of a parcel described in Deed Book 419, Page 260, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the East line of said parcel described in Deed Book 419, Page 260, to the Southeast corner of said parcel;

Thence Westerly along the South line of said parcel described in Deed Book 419, Page 260 to a point on the Northeast corner of a Parcel described in Deed Book 310, Page 169 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the East line of said parcel described in Deed Book 310, Page 169 to its Southeast corner;

Thence Westerly along the South line of said parcel described in Deed Book 310, Page 169 to a point located on the Northwest corner of a parcel described in Deed Book 781, page 221 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 781, Page 221 to its Southwest corner, said point also being on the Northwest corner of a parcel described in Deed Book 671, Page 509 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 671, Page 509 to its Southwest corner, said point also being on the Northwest corner of the second tract described in Deed Book 812, Page 393 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said second tract described in Deed Book 812, Page 393 to its Southwest corner, said point also being on the Northwest corner of a parcel described in Deed Book 512, Page 636 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 512, Page 636 to its intersection with the South right-of-way of U.S. Highway 302;

Thence Easterly along the South right-of-way line of U.S. Highway 302 to the West right-of-way line of Crutcher Lane;

Thence Southerly along the West right-of-way line of Crutcher Lane to its intersection with the North line of a parcel described in Deed Book 708, Page 127, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the North line of said parcel described in Deed Book 708, Page 127 to the Northwest corner of said parcel;

Thence Southerly along the West line of said parcel described in Deed Book 708, Page 127 to the Southwest corner of said parcel, said point also being on the Northwest corner of a parcel described in Deed Book 696, Page 130, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 696, Page 130 to the Southwest corner of said parcel, said point also being on a Northwest line of a parcel described in Deed Book 671, Page 590, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southwesterly along the Northwest line of said parcel described in Deed Book 671, Page 590 to the Northeast corner of a parcel described in Deed Book 362, Page 728, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the North line of said parcel described in Deed Book 362, Page 728 to its intersection with the North line of a parcel described in Deed Book 182, Page 593, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the North line of said parcel described in Deed Book 182, Page 593, and the extension thereof, to the West right-of-way line of Center Hill Road;

Thence Northerly along the West right-of-way line of Center Hill Road to the Northeast corner of a parcel described in in Deed Book 600, Page 575, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along said North line of said parcel described in Deed Book 600, Page 575 to the Northwest corner of said parcel, said point also being on the East line of a parcel described in Deed Book 866, Page 132, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the East line of said parcel described in Deed Book 866, Page 132 to the Southeast corner of said parcel;

Thence Westerly along the South line of said parcel described in Deed Book 866, Page 132 to its Southwest corner, said point also being the Southeast corner of a parcel described in Deed Book 350, Page 369 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the South line of said parcel described in Deed Book 350, Page 369 to its intersection with the East line of the West half of Section 32, Township 1 South, Range 5 West;

Thence Southerly along the East line of the West half of said Section 32 and continuing along the East line of the West half of Section 5, Township 2 South, Range 5 West, to its intersection with the Southeast corner of the Northwest quarter of said Section 5;

Thence Westerly along the South line of the Northwest quarter of said Section 5 to its intersection with the West line of said Section 5;

Thence Northerly along the West line of said Section 5 to its intersection with the South line of Section 31, Township 1 South, Range 5 West;

Thence Westerly along the South line of said Section 31 and continuing along the South line of Section 36, Township 1 South, Range 6 West, and its extension, to its intersection with the West Right-of-Way line of Hacks Cross Road, said point also being on the existing corporate limits of the City of Olive Branch, Mississippi as described in the Final Decree filed on July 2, 2015, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Northerly and continuing along said existing corporate limits of the City of Olive Branch, Mississippi to a point on the Tennessee-Mississippi State Line, said point also being the POINT OF BEGINNING.

SECTION 3. After the addition of the lands and territory described in Section 2 hereof, the corporate limits and boundaries of the City of Olive Branch, Mississippi, shall be and are described as follows:

CITY OF OLIVE BRANCH, MISSISSIPPI

RESULTANT ENLARGED CITY

Beginning at the Northwest corner of the Davidson Estates Subdivision, said corner being on the Tennessee-Mississippi State Line and being 2,931 feet, more or less, East of the East line of Section 14, Township 1 South, Range 7 West;

Thence along said State Line East 9.5 miles, more or less, to a point on the East line of Section 16, Township 1 South, Range 5 West, said point being on the DeSoto-Marshall, Mississippi County Line;

Thence Southerly along said County Line for 1.6 miles, more or less, to its intersection with the South line of a parcel described in Deed Book 335, Page 205, in the Office of the Chancery Clerk of DeSoto County, Mississippi;

Thence Westerly along the South line of said parcel described in Deed Book 335, Page 205 to the Southwest corner of said parcel;

Thence Southerly along the extension of the West line of said parcel described in Deed Book 335, Page 205 to its intersection with the Easterly extension of the South line of a parcel described in Deed Book 346, Page 337, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the Easterly extension of the South line of said parcel described in Deed Book 346, Page 337 to a point on the Southwest corner of said parcel, said point also being on the East right-of-way of Payne Lane;

Thence Westerly along the Westerly extension of the South line of said parcel described in Deed Book 346, Page 337 to a point on the West right-of-way line of Payne Lane, said point also being on the East line of a parcel described in Deed Book 419, Page 260, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the East line of said parcel described in Deed Book 419, Page 260, to the Southeast corner of said parcel;

Thence Westerly along the South line of said parcel described in Deed Book 419, Page 260 to a point on the Northeast corner of a Parcel described in Deed Book 310, Page 169 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the East line of said parcel described in Deed Book 310, Page 169 to its Southeast corner;

Thence Westerly along the South line of said parcel described in Deed Book 310, Page 169 to a point located on the Northwest corner of a parcel described in Deed Book 781, page 221 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 781, Page 221 to its Southwest corner, said point also being on the Northwest corner of a parcel described in Deed Book 671, Page 509 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 671, Page 509 to its Southwest corner, said point also being on the Northwest corner of the second tract described in Deed Book 812, Page 393 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said second tract described in Deed Book 812, Page 393 to its Southwest corner, said point also being on the Northwest corner of a parcel described in Deed Book 512, Page 636 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 512, Page 636 to its intersection with the South right-of-way of U.S. Highway 302;

Thence Easterly along the South right-of-way line of U.S. Highway 302 to the West right-of-way line of Crutcher Lane;

Thence Southerly along the West right-of-way line of Crutcher Lane to its intersection with the North line of a parcel described in Deed Book 708, Page 127, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the North line of said parcel described in Deed Book 708, Page 127 to the Northwest corner of said parcel;

Thence Southerly along the West line of said parcel described in Deed Book 708, Page 127 to the Southwest corner of said parcel, said point also being on the Northwest corner of a parcel described in Deed Book 696, Page 130, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 696, Page 130 to the Southwest corner of said parcel, said point also being on a Northwest line of a parcel described in Deed Book 671, Page 590, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southwesterly along the Northwest line of said parcel described in Deed Book 671, Page 590 to the Northeast corner of a parcel described in Deed Book 362, Page 728, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the North line of said parcel described in Deed Book 362, Page 728 to its intersection with the North line of a parcel described in Deed Book 182, Page 593, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the North line of said parcel described in Deed Book 182, Page 593, and the extension thereof, to the West right-of-way line of Center Hill Road;

Thence Northerly along the West right-of-way line of Center Hill Road to the Northeast corner of a parcel described in in Deed Book 600, Page 575, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along said North line of said parcel described in Deed Book 600, Page 575 to the Northwest corner of said parcel, said point also being on the East line of a parcel described in Deed Book 866, Page 132, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Southerly along the East line of said parcel described in Deed Book 866, Page 132 to the Southeast corner of said parcel;

Thence Westerly along the South line of said parcel described in Deed Book 866, Page 132 to its Southwest corner, said point also being the Southeast corner of a parcel described in Deed Book 350, Page 369 in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence Westerly along the South line of said parcel described in Deed Book 350, Page 369 to its intersection with the East line of the West half of Section 32, Township 1 South, Range 5 West;

Thence Southerly along the East line of the West half of said Section 32 and continuing along the East line of the West half of Section 5, Township 2 South, Range 5 West, to its intersection with the Southeast corner of the Northwest quarter of said Section 5;

Thence Westerly along the South line of the Northwest quarter of said Section 5 to its intersection with the West line of said Section 5;

Thence Northerly along the West line of said Section 5 to its intersection with the South line of Section 31, Township 1 South, Range 5 West;

Thence Westerly along the South line of said Section 31 and continuing along the South line of Section 36, Township 1 South, Range 6 West, and its extension, to its intersection with the West Right-of-Way line of Hacks Cross Road;

Thence South along the West Right-of-Way of said Hacks Cross Road 0.6 miles, more or less, to a point on the South Right-of-Way of the Burlington Northern Railroad;

Thence Southeasterly along said Railroad right-of-way 1.0 mile, more or less, to a point, said point being on the East line of a parcel described in Deed Book 327, Page 2 in the Office of the Chancery Clerk of DeSoto County, Mississippi;

Thence Southerly along the East line of said parcel described in Deed Book 327, Page 2, to its intersection with the South line of the North half of Section 12, Township 2 South, Range 6 West;

Thence Westerly along the South line of the North half of said Section 12 to its intersection with the East line of the West half of said Section 12;

Thence Southerly along the East line of the West half of said Section 12 and continuing along the East line of the West half of Section 13, Township 2 South, Range 6 West, to its intersection with the South Right-of-Way of Miller Road;

Thence Westerly along the South Right-of-Way of Miller Road to its intersection with the Northwest corner of a parcel described in Deed Book 820, Page 117, in the Office of the Chancery Clerk of DeSoto County, Mississippi;

Thence Southerly along the West line of said parcel described in Deed Book 820, Page 117, and its extension, to its intersection with the North line of a parcel described in Deed Book 774, Page 737, in the Office of the Chancery Clerk of DeSoto County, Mississippi, said point also being located on the South line of the North half of Section 24, Township 2 South, Range 6 West;

Thence Westerly along the South line of the North half of said Section 24 to its intersection with the East line of Section 23, Township 2 South, Range 6 West;

Thence Southerly along the East line of said Section 23 and continuing along the East lines of Section 26, Township 2 South, Range 6 West, and Section 35, Township 2 South, Range 6 West, to its intersection with the South Right-of-Way of Interstate 269;

Thence Westerly along the South Right-of-Way of Interstate 269 to its intersection with the center thread of the Coldwater River;

Thence Southwesterly along the center thread of the Coldwater River to its intersection with the South line of Section 17, Township 3 South, Range 6 West;

Thence Westerly along the South line of said Section 17 and continuing along the South line of Section 18, Township 3 South, Range 6 West, to the Southwest corner of said Section 18;

Thence Northerly along the West line of said Section 18 and continuing along the West lines of Section 7, Township 3 South, Range 6 West, and Section 6, Township 3 South, Range 6 West, to its intersection with the South line of the North half of Section 1, Township 3 South, Range 7 West;

Thence Westerly along the South line of the North half of said Section 1 and continuing along the South line of the North half of Section 2, Township 3 South, Range 7 West, to its intersection with the West Right-of-Way line of Malone Road;

Thence Northerly along said West Right-of-Way line of Malone Road for 3.5 miles, more or less, to its intersection with the South line of Section 15, Township 2 South, Range 7 West, said point also being located on the existing corporate limits of the City of Southaven, Mississippi as described in the Final Judgement filed November 30, 2009, in the Office of the Chancery Clerk of Desoto County, Mississippi;

Thence run Easterly along the South line of said Section 15 to the Southeast corner of said Section 15, said point also being located on said corporate limits of the City of Southaven, Mississippi, said point also being the Southwest corner of Section 14, Township 2 South, Range 7 West;

Thence, following said corporate limits, run North along the West line of said Section 14, and continuing along the West line of Section 11, Township 2 South, Range 7 West, to the Northwest corner of said Section 11, said point also being located on the existing corporate limits of the City of Southaven, Mississippi as described in the Final Judgement filed November 30, 2009, in the Office of the Chancery Clerk of Desoto County, Mississippi, said point also being located on the Southeast corner of Section 3, Township 2 South, Range 7 West;

Thence West along the South line of said Section 3, Township 2 South, Range 7 West to a point 673 feet West of the Southeast corner of said Section 3;

Thence North and parallel to the East line of said Section 3 a distance of 1.0 miles, more or less, to a point in the North right-of-way of Nail Road (80 feet wide), said point being 673 feet West of the East line of Section 34, Township 2 South, Range 7 West;

Thence East along said road right-of-way 700 feet, more or less, to a point in the East right-of-way of Malone Road (80 feet wide);

Thence North along said East right-of-way of Malone Road 3.21 miles, more or less, to a point in the Tenn-Miss. State Line;

Thence East along said State Line 1.55 miles, more or less, to the POINT OF BEGINNING.

SECTION 4. The City of Olive Branch, Mississippi shall make the following improvements in said annexed territory to be completed within a reasonable time, not to exceed five (5) years from the effective date of the Ordinance, unless delayed by war or military preparedness:

(a) Improve existing streets and drainage where necessary and economically feasible and legally permissible;

(b) Install water lines, water service, sewage disposal lines, sewage treatment facilities, and street lighting, where necessary and economically feasible and legally permissible;

(c) Construct and equip such additional public safety facilities as warranted by concentration of population and non-residential activities, proximity requirements and the operational realities of delivering public safety services; and

(d) Said services shall be furnished in the same manner as such services are being furnished to the present citizens, businesses and property owners of the municipality where necessary and economically feasible and legally permissible.

SECTION 5. The City of Olive Branch, Mississippi shall furnish to the said annexed territory the following municipal and public services in the same manner and to the same extent as such services are being furnished to the present citizens of the municipality, such services to begin on the effective date of this Ordinance, to wit:

(a) police protection;

(b) municipal court services;

(c) animal control services;

(d) first response fire protection and fire prevention services;

(e) emergency medical services;

(f) emergency preparedness and civil defense services;

(g) engineering services;

(h) maintenance of streets and related structures;

(i) right of way maintenance services;

(j) traffic systems maintenance services;

(k) street lighting;

(l) administration of sanitation service;

(m) access to the City’s cultural facilities, services and programs;

(n) access to the City’s parks and recreation facilities and programs;

(o) water and sewer utility services at in-city rates for those who are customers of the City utility services;

(p) municipal planning and zoning services;

(q) municipal code enforcement and building inspection services;

(r) the right to fully participate in the affairs of the municipality through direct involvement and the right to exercise the ballot (vote) in municipal elections upon registering and meeting all statutory and constitutional requirements; and

(s) the use and benefit of all other municipal services and facilities furnished to all present citizens of the City of Olive Branch, Mississippi.

SECTION 6. The City of Olive Branch, Mississippi shall undertake the following re-districting, planning and zoning activities following the effective date of the Ordinance, to wit:

(a) Within six (6) months of the effective date of this Ordinance, the City of Olive Branch will prepare and the Aldermen will adopt a Redistricting Plan for the Board of Aldermen so as to include all territory and persons annexed into the City. The Redistricting Plan shall conform with the Voting Rights Act of 1965, as amended. This Redistricting Plan will provide for proportional representation of all persons annexed and will in all other ways conform with applicable Federal regulations;

(b) The City of Olive Branch shall enlarge, update, revise and amend its Comprehensive Plan to include all territory annexed into the municipality and the Board of Aldermen shall adopt such revisions fulfilling all legal requirements to do so including public notice and a public hearing on enlargement, updating, revision and amendment of the Comprehensive Plan; and

(c) Following modification of the Comprehensive Plan to include territories annexed, the City of Olive Branch shall prepare and adopt revisions to the Official Zoning Map and such Zoning Ordinance text amendments, as are warranted and necessary. All territory annexed shall be included on the City’s Official Zoning Map. Adoption of Zoning Ordinance text amendments, Zoning Map amendments, and Comprehensive Plan amendments by the Board of Aldermen shall occur after proper notice and public hearing(s).

SECTION 7. This Ordinance shall become effective ten (10) days after the date of the entry of decree of the Chancery Court of DeSoto County, Mississippi, approving, ratifying and confirming the enlargement and extension of the municipal boundaries of the City of Olive Branch, Mississippi as established by this Ordinance and the final judgment of the said Chancery Court or, in the event an appeal is taken therefrom, within ten (10) days from the final determination of such appeal. All other prior ordinances or enactments in conflict with this Ordinance are hereby repealed.

SECTION 8. The City of Olive Branch, Mississippi, through its attorneys, shall file a petition in the Chancery Court of DeSoto County, Mississippi, which petition shall pray for the approval, ratification and confirmation by said Court of the enlargement and extension of the municipal boundaries and limits of the City of Olive Branch, Mississippi, as herein fixed and determined. The petition shall have attached thereto a certified copy of this Ordinance and a plat showing the boundaries of the said City of Olive Branch, Mississippi, as they will exist in the event such enlargement and extension becomes effective pursuant to this Ordinance; and that the attorneys for the City of Olive Branch, Mississippi, and the governing authorities are hereby authorized to file such other pleadings in the Chancery Court of DeSoto County, Mississippi, and take all other necessary steps such that the expansion of the municipal boundaries authorized hereby be ratified, approved and confirmed according to the laws of the State of Mississippi.

There came on for consideration AN ORDINANCE ENLARGING, EXTENDING, AND DEFINING THE CORPORATE LIMITS AND BOUNDARIES OF THE CITY OF OLIVE BRANCH, DESOTO COUNTY, MISSISSIPPI; SPECIFYING THE IMPROVEMENTS TO BE MADE IN THE ANNEXED TERRITORY AND THE MUNICIPAL OR PUBLIC SERVICES TO BE RENDERED THEREIN; AND FOR OTHER PURPOSES RELATED THERETO; having been introduced and considered (no member of the governing authority having requested a reading of the ordinance) on November 20, 2018, at a regular meeting of the Olive Branch Board of Aldermen and upon motion by Alderman Dickerson and seconded by Alderman Earhart in favor of approving said Ordinance, the Ordinance was approved by the following vote:

Alderwoman Aldridge voted: Aye

Alderman Collins voted: Aye

Alderman Dickerson voted: Aye

Alderman Earhart voted: Aye

Alderwoman Hamilton voted: Aye

Alderwoman Henderson voted: Aye

Alderman Wallace voted: Aye

The Mayor then declared the Ordinance adopted on this the 20th day of November, 2018.

CITY OF OLIVE BRANCH, MISSISSIPPI

BY: /s/ Scott B. Phillips SCOTT B. PHILLIPS, MAYOR

ATTEST:

WITNESS my signature and official seal of this office on this, the 20th day of November, 2018.

/s/ Tina R. Griffith

Tina R. Griffith, City Clerk

I, Tena Stewart, Assistant City Clerk, hereby certify that the foregoing is a true copy of the Ordinance adopted in the Regular Meeting of the Mayor and Board of Aldermen of the City of Olive Branch, Mississippi on the 20th day of November, 2018.

/s/ Tena Stewart

Tena Stewart, Assistant City Clerk

[City Seal]

FURTHER NOTICE IS HEREBY GIVEN that the Chancery Court of DeSoto County, Mississippi has set this cause for hearing at 9:00 a.m. on the 17th day of April, 2019. The hearing shall take place at the DeSoto County Courthouse in Hernando, Mississippi, located at 2535 Highway 51 South, Hernando, Mississippi, at which time all parties interested in, affected by, having objections to or being aggrieved by said proposed enlargement and extension of the municipal boundaries of the City of Olive Branch, Mississippi, as proposed in said Ordinance, are hereby notified to appear at said hearing and present to the Court their objections and protests, if any, to the ratification, approval and confirmation of said Ordinance enlarging, extending, and defining the corporate limits and boundaries of the City of Olive Branch, Mississippi.

GIVEN UNDER MY HAND and official Seal of Office this, the 18th day of January, 2019.

Misty Heffner by: S. Patrick, D.C.

CHANCERY CLERK, DESOTO COUNTY, MS

SUBMITTED BY:

J. Chadwick Mask, MSB #10621

Jacob Stutzman, MSB #101940

CARROLL WARREN & PARKER PLLC

188 E. Capital Street, Suite 1200 (39201)

Post Office Box 1005

Jackson, MS 39215-1005

Telephone: (601) 592-1010

Facsimile: (601) 592-6060

cmask@cwplaw.com

jstutzman@cwplaw.com

Bryan E. Dye, MSB #100796

Olive Branch, Mississippi City Attorney

9200 Pigeon Roost Road

Olive Branch, Mississippi 38654-2421

Telephone: (601) 892-9228

Facsimile: (601) 892-9249

bdye@obms.us

Publish February 7, 14, 21, 2019

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