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

Updated

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 DETERMINING PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE ANNEXATION OF 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”), have 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 petitions are 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, declared its initiation of the process to annex into, and make a part of, the District the areas set forth in the petitions, identified as Tract 1 and Tract 2, with proper legal descriptions included with the petition but which legal descriptions are more thoroughly described herein and attached hereto, and fixed a public hearing for March 4th, 2019, being a date not more than thirty (30) days after the date of the filing of the petitions with the Governing Authority. The public hearing was set for the purpose of determining whether or not: public convenience and necessity support the annexation into the District, and making a part of the District, the proposed annexation areas. Notice of such public hearing was published in a newspaper of local publication once a week for at least three (3) consecutive weeks prior to the date of such hearing, with the first such publication made not less than twenty-one (21) days prior to the date of the public hearing and the last such publication made not more than fourteen (14) days prior to the date of the public hearing, as demonstrated by the Affidavit of Publication spread upon the minutes of the Board of Supervisors; and

WHEREAS, the Governing Authority held the public hearing on the issue of whether or not public convenience and necessity support the annexation into the District, and making a part of the District, the proposed annexation areas. The Governing Authority received public comment, reviewed all information before it and fully discussed the aforementioned issues and determined the annexation of the herein described tracts of land into the District, and making the same part of the District, is fully supported by public convenience and necessity.

NOW, THEREFORE, BE IT RESOLVED, as follows:

Section 1. That public convenience and necessity supports the annexation of the herein described tracts of land into the District and making the same part of the District.

Section 2. The Governing Authority intends to approve the annexation of the herein described tracts of land into the District, and making the same part of the District the District, on the 1st day of April, 2019, after public hearing on said matter, which public hearing shall be heard on said date at the meeting room of the Governing Authority, located at third floor of the DeSoto County Administration Building, 365 Losher Street, Hernando, Mississippi at 10:00 o’clock a.m.

Section 3. The proposed boundaries of the tracts of land to be annexed into the District, and made a part of the District, are set forth in Exhibit A attached hereto and incorporated herein by reference (the “Annexation Territory”).

Section 5. At the public hearing the Governing Authority shall determine whether or not there is public protest to the annexation of the Annexation Territory into the District, and making the same part of the District formation of the District, which shall be demonstrated by written petition signed by twenty percent (20%) or one hundred fifty (150), whichever is the lesser, of the qualified electors of such proposed annexation areas, protesting the annexation. If such protest is filed, the Governing Authority shall call a special election on the question of the annexation of the Annexation Territory. If no protest is filed the Governing Authority shall approve the annexation of the Annexation Territory into the District and making the same part of the District.

RESOLVED, this the 4th day of March, 2019, upon motion made by Supervisor Lee Caldwell and seconded by Supervisor Bill Russell, 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

/s/ Lee Caldwell

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 March, 2019.

ATTEST:

/s/ Misty Heffner, Chancery Clerk

/s/ By: Janet Knight, 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: March 7, 14, 21, 2019

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