Details for The Board of Supervisors (the “Governing Authority”) of DeSoto County

The Board of Supervisors (the “Governing Authority”) of DeSoto County, Mississippi (the "County"), took up for consideration the matter of considering the annexation of additional territory by the Nesbit Fire Protection District. After a discussion of the subject, Supervisor Lee Caldwell offered and moved the adoption of the following resolution:

A RESOLUTION DECLARING THE INITIATION OF THE PROCESS OF ANNEXING TERRITORY TO BE A PART OF THE

NESBIT FIRE PROTECTION DISTRICT

WHEREAS, pursuant to Mississippi Code Annotated §19-5-201, any contiguous area situated within any county of the State of Mississippi, and not being situated within the corporate boundaries of any existing municipality, and having no adequate fire protection facilities serving such area, may become annexed to, and become a part of, an existing fire protection district; and

WHEREAS, a petition for the annexation of two tracts of land, to be annexed to, and become a part of, the Nesbit Fire Protection District (the “District”), has been submitted this day to the Governing Authority pursuant to Mississippi Code Annotated §19-5-201, which petition includes: (a) a statement of the necessity for the services to be supplied by District; (b) the proposed corporate name for the annexation areas; and (c) the proposed boundaries of the annexation areas. Further, the petition has been signed in person by twenty five (25) owners of real property residing within each of the annexation boundaries as proposed, with their respective residence addresses reflected and; the petition is accompanied by a sworn statement of the person or persons circulating the petition, who states under oath that he witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of the person’s or persons’ knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed annexation area set forth in the petition they signed; and

WHEREAS, the Governing Authority, desires to declare its intention to annex into, and make a part of, the District the annexation areas set forth in the petition, identified as Tract 1 and Tract 2 and with legal descriptions included with the petition, and to fix a time and place for a public hearing upon the question of the public convenience and necessity of the annexation into the District, and making a part of the District, the proposed annexation tracts. The date of the public hearing to be set not more than thirty (30) days after the date of the filing of the petition with the Governing Authority.

NOW, THEREFORE, BE IT RESOLVED, as follows:

Section 1. A public hearing upon the question of the public convenience and necessity of the annexation into the District, and making a part of the District, the proposed annexation tracts is fixed for Monday, March 4, 2019 at 10:00 a.m., being not more than thirty (30) days from the date of the filing of the petitions for the annexation into the District, and making a part of the District, the proposed annexation areas.

Section 2. The public hearing declared above shall be heard at the meeting room of the Governing Authority, located at third floor of the DeSoto County Administration Building, 365 Losher Street, Hernando, Mississippi.

Section 3. The legal descriptions of the proposed tracts of land for annexation into, and to be made a part of, the District are set forth in Exhibit A attached hereto and incorporated herein by reference.

Section 4. This resolution shall serve as notice to all of the intentions of the Governing Authority, and shall be published in a newspaper having general circulation within DeSoto County once per week for not less than three (3) consecutive weeks prior to the date of the public hearing, as required by Mississippi Code Annotated § 19-5-201 and Mississippi Code Annotated §§ 19-5-153 through 19-5-159.

Section 5. If, at the public hearing set hereby, the Governing Authority finds: (1) that the public convenience and necessity require the annexation into the District, and making a part of the District, the proposed annexation tracts of land, then the Governing Authority shall adopt a resolution making the aforesaid findings and declaring its intention to annex the proposed annexation tracts of land into, and become a part of, the District on a date to be specified in such resolution, as directed by Mississippi Code Annotated § 19-5-201.

RESOLVED, this the 4th day of Feb, 2019, upon motion made by Supervisor Lee Caldwell and seconded by Supervisor Mark Gardner, and approved by the following vote:

Supervisor Jessie Medlin. yes

Supervisor Mark Gardner yes

Supervisor Bill Russell. yes

Supervisor Lee Caldwell. yes

Supervisor Michael Lee. yes

Lee Caldwell, President DeSoto County, Board of Supervisors

I, hereby, certify that the foregoing is a true copy of the Resolution adopted in the regular meeting of the DeSoto County Board of Supervisors on the 4th day of Feb, 2019.

ATTEST:

/s/ Misty Heffner, Chancery Clerk

/s/ by Rhonda Landrum, DC

Misty Heffner, Clerk

Seal

EXHIBIT A

Legal Description of Area to be annexed into, and made a part of, the Nesbit Fire Protection District.

Tract 1

Description of 1329 acre tract of land, more or less, within DeSoto County, Mississippi, said 1329 acre tract being proposed for annexation to the Nesbit Fire Protection District and being more particularly described as follows:

Beginning at the northeast corner of Section 30 (T2S, R8W), at the intersection of Nesbit Road and Fogg Road N; thence west along the north section line of Section 30 (T2S, R8W) to a point being the northwest corner of Section 30 (T2S, R8W); thence south along the west section line of Section 30 (T2S, R8W) and continuing along the west section line of Section 31 (T2S, R8W) to a point in the southwest corner of Section 31 (T2S, R8W); thence east along the south section line of Section 31 (T2S, R8W) to a point in the southeast corner of Section 31 (T2S, R8W); thence north along the east section line of Section 31 (T2S, R8W) and continuing along the east section line of Section 30 (T2S, R8W) to the point of beginning.

Tract 2

Description of 418 acre tract of land, more or less, within DeSoto County, Mississippi, said 418 acre tract being proposed for annexation to the Nesbit Fire Protection District and being more particularly described as follows:

Beginning at a point on the southwest corner of the Sunset Farms subdivision recorded in Deed Book 70, Page 11, said point being on the north right of way of West Commerce Street; thence east along the north right of way of West Commerce and the Hernando, MS, municipal boundary a distance of 6,087.2 feet to a point on the north right of way of West Commerce at the southeast corner of the Lamar Place subdivision recorded in Deed Book 76, Page 30; thence north along the Hernando, MS, municipal boundary a distance of 1,105.4 feet to a point in the northeast corner of the Lamar Place subdivision recorded in Deed Book 76, Page 30; thence west along the Hernando, MS, municipal boundary a distance of 2,993.6 feet to a point in the northwest corner of the Alley Ballard tract recorded in Deed Book 447, Page 96; thence north along the Hernando, MS, municipal boundary a distance of 292 feet to a point in the northeast corner of Sunset Farms subdivision recorded in Deed Book 71, Page 11; thence west along the Hernando, MS, municipal boundary a distance of 354.5 feet to a point on the east right of way of Tulane Road; thence north along the east section line of Section 9 (T3S, R8W) to a point in the northeast corner of Section 9 (T3S, R8W); thence west along the north section line of Section 9 (T3S, R8W) a distance of 2,640 feet to a point on the northwest corner of the northeast quarter of Section 9 (T3S, R8W), said point being on the northwest corner of the Laney Funderburk tract recorded in Deed Book 761, Page 160; thence south along the west half-section line of the east half of Section 9 (T3S, R8W) to the point of beginning.

Publish February 14, 21, 28, 2019

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