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RESOLUTION OF THE BOARD OF SUPERVISORS OF RANKIN COUNTY,

MISSISSIPPI, ACKNOWLEDGING RECEIPT OF CERTIFICATION FROM RANKIN


COUNTY CIRCUIT CLERK, REBECCA N. BOYD, OF A PETITION FOR ELECTION
ON THE QUESTION OF WHETHER THE LAND OWNED AND/OR CONTROLLED
BY THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT LOCATED IN
RANKIN COUNTY, MISSISSIPPI, MAY BE DESIGNATED A QUALIFIED RESORT
AREA;
RESOLUTION SETTING ELECTION AND MANDATING OTHER ACTIONS IN
CONFORMITY WITH MISSISSIPPI CODE ANN. 55 67-1-5, ET SEQ. and 67-1-16, ET
SEQ., AS AMENDED BY HOUSE BILL 836 AS PASSED BY THE MISSISSIPPI
LEGISLATURE DURING THE 2014 LEGISLATIVE SESSION AND SIGNED BY
GOVERNOR PHIL BRYANT
The Board of Supervisors of Rankin County, Mississippi took up for consideration this
Resolution acknowledging receipt of a certification document from Rankin County Circuit Clerk,
Rebecca N. Boyd, certifying and verifying a petition prepared by the Reservoir Foundation, Inc.,
a Mississippi Non-Profit Corporation, and composed of 209 pages containing 2,195 names,
addresses and signatures of registered voters residing on property owned or controlled by the
Pearl River Valley Water Supply District; and accordingly a Resolution Setting an Election and
Mandating other actions in conformity with Miss. Code Ann. $5 67-1-5, et seq. and 67-1-16, et
seq. as amended by House Bill 836 passed by the Mississippi Legislature during the 2014
Legislative Session and as signed by Governor Phil Bryant. Accordingly, the Rankin County
Board of Supervisors hereby adopts the following Resolution:
WHEREAS, the Board of Supervisors of Rankin County hereby finds, determines and declares
as follows:
During the 2014 Regular Session of the Mississippi Legislature, the Legislature passed House
Bill 836 which provided for certain amendments to Miss. Code Ann. $5 67-1-5 and 67-1-16
which expands the definition of "Qualified Resort Area" under the Local Option Alcoholic
Beverage Control Law to include property owned by the Pearl River Valley Water Supply
District located in any county where Mississippi Highway 43 and Mississippi Highway 25
intersect (Rankin County), an area that is defined and codified at Miss. Code Ann. $ 67-1-
5(o)(iii)(8). House Bill 836 was passed by both Houses. Governor Phil Bryant signed House
Bill 836 into law on March 17, 2014. House Bill 836 took effect as the law of the State of
Mississippi on July l , 20 14; and
Section 2 of House Bill 836 amended Miss. Code Ann. 5 67- 1 - 16 to add Paragraphs (4)(a) and
(b) that address the manner in which the area defined in Miss. Code Ann. 5 67-1-5(o)(iii)(8) may
be granted Qualified Resort Status under Mississippi law. Miss. Code Ann. 5 67-1-16(4)(a)
requires that before the area defined in Miss. Code Ann. 5 67-1 -5(o)(iii)(8) may be granted status
as a Qualified Resort Area under Mississippi law, there must first be held an election on the
question of whether the area shall be a qualified resort area. The section further states that such
an election "shall be ordered by the Board of Supervisors upon presentation to the board of a
petition containing the names of at least twenty percent (20%) of the duly qualified voters of the
area described in Section 67- 1 -5(o)(iii)(8) asking for the election."
On July 2,2014, July 7, 2014, and July 28,2014, the Rankin County Circuit Clerk was presented
petitions containing 209 pages and bearing 2,195 signatures of persons attesting to the following:
(A) that each person signing the petition resides on property owned or controlled by the Pearl
River Valley Water Supply District in Rankin County, Mississippi; (B) that each person signing
the petition is a registered voter in Rankin County, Mississippi; and (C) that each person signing
the petition is requesting that an election be called on the question of whether the area defined in
Miss. Code Ann. 5 67-1-5(o)(iii)(8) be granted status as a Qualified Resort Area under
Mississippi law. The Rankin County Circuit Clerk, using the Statewide Election Management
System, established an Election District containing the names and addresses of all eligible voters
within the area defined by Miss. Code Ann. 5 67-1-5(o)(iii)(8) and determined that as of the date
hereof the defined area contains 7,120 eligible voters. The Circuit Clerk calculated that twenty
percent of the duly qualified voters of the defined area is 1,424. The Circuit Clerk reviewed the
names, addresses and signatures on the petition pages, verifying whether the same represent
residents of the defined area who are registered Rankin County voters. The Circuit Clerk has
certified that the petition contains verified names, addresses and signatures of greater than twenty
percent of the eligible voters of the area defined by Miss. Code Ann. 5 67-1-5(o)(iii)(8). The
Certification of Petition Signatures signed by the Rankin County Circuit Clerk is attached hereto
as Exhibit "A" and incorporated herein by reference; and
IV.
Pursuant to Miss. Code Ann. 5 67-1-16(4)(a), upon presentation of a verified petition signed by
the required number of eligible voters residing in the area defined by Miss. Code Ann. 5 67-1-
5(o)(iii)(8), the Rankin County Board of Supervisors is required by law to set an election on the
question of whether the defined area will be granted status as a Qualified Resort Area.
Accordingly the Rankin County Board of Supervisors has NO DISCRETION as to whether an
election on the question shall be called; and
Pursuant to Miss. Code Ann. 5 67-1-16(4)(b), the Mississippi Legislature requires by law the
Rankin County Board of Supervisors to do the following:
(A) The election on the question of whether the area owned by the Pearl River Valley
Water Supply District and located in any county in which Mississippi Highway 43 and
Mississippi Highway 25 intersect shall be granted status as a Qualified Resort Area
shall be set for Tuesday, September 23,2014.
(B) The hours of the election shall be from 7:00 a.m. until 7:00 p.m. on September 23,
2014.
(C) There shall be one polling place, which shall be the Reservoir Community Center, 2232
Spillway Road, Brandon, MS 39047.
(D) The Rankin County Election Commission shall provide poll workers and shall oversee
the election process to include, but not be limited to, the scheduling and preparation of
the polling place, the conduct of all polling activity, the counting of all ballots
associated with the election and certification of the results thereof;
(E) There shall be created a notice as mandated by Miss. Code Ann. 67-1-16(4)(b) which
shall be published in a newspaper of general circulation for the county in which the area
defined by Miss. Code Ann 67-1-5(o)(iii)(8) is located and said notice shall be given
at least thirty days prior to the date of the election, with proof of publication thereof
being made to the Rankin County Board of Supervisors for placement in the official
papers of Rankin County, Mississippi. Said notice shall contain a statement of the
question to be voted on at the election. The fact that absentee voting is available shall
be set forth in the notice, as well as appropriate language to assist voters in determining
the location and hours of operation, including Saturday hours of operation as required
by law, for absentee voting. The notice shall contain a statement regarding the date,
time and place of voting, and shall contain such additional information as is required by
law governing elections of the type herein contemplated;
(F) The Rankin County Circuit Clerk shall prepare paper ballots for use in this special
election and said ballots shall have the following words printed thereon: "FOR THE
ESTABLISHMENT OF A QUALIFIED RESORT AREA," and next below,
"AGAINST THE ESTABLISHMENT OF A QUALIFIED RESORT AREA." In
accordance with the intent of House Bill 836 as codified at Miss. Code Ann. 67-1-
16(4)(b), the ballot shall provide appropriate instructions regarding the marking of the
ballot to clearly indicate the voter's choice;
(G)The Rankin County Circuit Clerk shall provide for absentee voting for this special
election in accordance with Mississippi law;
(H)The Attorney for the Board of Supervisors shall oversee the determination of locations
for placement of additional public notices to voters within the area defined by Miss.
Code Ann. 5 67-1-5(o)(iii)(8) and shall document the location at which said additional
notices are placed, if any.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors for Rankin County
that on the basis of the Certification of Petition Signatures presented to the Board of Supervisors
by the Rankin County Circuit Clerk and because House Bill 836 as passed by both houses of the
Mississippi Legislature and signed by Governor Phil Bryant provide that the Board of
Supervisors has no discretion otherwise, the Rankin County Board of Supervisors hereby accepts
and acknowledges receipt of the Certification of Petition Signatures signed by the Rankin
County Circuit Clerk and hereby sets a special election for September 23, 2014, from 7:00 a.m.
to 7:00 p.m. at a single polling place, Reservoir Community Center, 2232 Spillway Road,
Brandon, MS 39047, on the question of whether the area owned by the Pearl River Valley Water
Supply District and located in any county where Mississippi Highway 43 and Mississippi
Highway 25 intersect may be granted status as a Qualified Resort Area
Adopted this the 3 1 ' day of $CL [ y , 20 14.
RANKIN C UNTY BOARD OF SUPERVISORS
9
By: &+
sident
ATTEST: .,.. , . ; . . ,
CERTIFICATION OF PETITION SIGNATURES
STATE OF MISSISSIPPI
COUNTY OF RANKIN
THIS IS TO CERTIFY THAT ON OR ABOUT JULY 2, 2014, JULY 7, 2014 AND
JULY 28, 2014, I RECEIVED 209 PETITION PAGES CONTAINING 2,195 SIGNATURES
FROM THE RESERVOIR FOUNDATION, INC., A MISSISSIPPI NON-PROFIT
CORPORATION, WHEREON WAS INDICATED THE FOLLOWING: (1) THAT EACH
PERSON SIGNING THE PETITION IS A RESIDENT OF PROPERTY OWNED OR
CONTROLLED BY THE PEARL, RIVER VALLEY WATER SUPPLY DISTRICT IN
RANKIN COUNTY, MISSISSIPPI; (2) THAT EACH PERSON IS A REGISTERED VOTER
IN RANKIN COUNTY, MISSISSIPPI; AND (3) THAT EACH PERSON LISTED IS
REQUESTING THAT AN ELECTION BE CALLED TO DETERMINE WHETHER THE
AREA OWNED OR CONTROLLED BY THE PEARL, RIVER VALLEY WATER SUPPLY
DISTRICT IN RANKIN COUNTY, MISSISSIPPI, SHOULD BE GRANTED QUALIFIED
RESORT STATUS UNDER MISSISSIPPI LAW. THIS PETITION WAS PRESENTED TO
ME FOR VERIFICATION AND CERTIFICATION PURSUANT TO THE PROVISIONS OF
MISSISSIPPI HOUSE OF REPRESENTATIVES BILL 836 PASSED IN THE 2014
LEGISLATIVE SESSION, WHICH SAID BILL WAS SIGNED AND AUTHORIZED BY
GOVERNOR PHIL BRYANT IN ACCORDANCE WITH THE CONSTITUTION AND LAWS
OF THE STATE OF MISSISSIPPI. IN ORDER TO MEET THE REQUIREMENTS OF
MISSISSIPPI LAW REGARDING THE REQUIRED NUMBER OF NAMES, ADDRESSES
AND SIGNATURES THAT SHOULD BE VERIFIED ON THE PETITION, AND USING THE
STATEWIDE ELECTION MANAGEMENT SYSTEM, I CREATED AN ELECTION
DISTRICT FOR THE AREA OWNED AND CONTROLLED BY THE PEARL RIVER
VALLEY WATER SUPPLY DISTRICT IN RANKIN COUNTY, MISSISSIPPI. UPON
CREATION OF SAID ELECTION DISTRICT, I CONFIRMED THAT THE TOTAL
NUMBER OF ELIGIBLE VOTERS RESIDING ON PROPERTY OWNED OR
CONTROLLED BY THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT IN
RANKIN COUNTY, MISSISSIPPI, AS OF THE DATE OF THIS CERTIFICATION IS 7,120.
IN ACCORDANCE WITH THE PROVISIONS OF HOUSE BILL 836, I DETERMINED
THAT TWENTY PERCENT OF THE NUMBER OF ELIGIBLE VOTERS RESIDMG ON
PROPERTY OWNED OR CONTROLLED BY THE PEARL RIVER VALLEY WATER
SUPPLY DISTRICT IN RANKIN COUNTY, MISSISSIPPI, IS 1,424. THIS IS TO CERTIFY
THAT THE PETITION PAGES PROVIDED TO ME BY THE RESERVOIR FOUNDATION,
INC., CONTAIN THE NAMES, ADDRESSES AND SIGNATURES OF MORE THAN
1,500 QUALIFIED ELECTORS OF RANKIN COUNTY WHO RESIDE ON
PROPERTY OWNED AND/OR CONTROLLED BY THE PEARL RIVER VALLEY WATER
SUPPLY DISTRICT IN RANKIN COUNTY, MISSISSIPPI, AND I HAVE CONFIRMED
THAT EACH SUCH QUALIFIED ELECTOR HAS SIGNED THE ATTACHED PETITION. I
CERTIFY THAT EACH NAME, ADDRESS AND SIGNATURE CONTAINED ON THE
PETITION PAGES CORRESPONDS TO A REGISTERED VOTER M RANKM COUNTY,
MISSISSIPPI. I CERTIFY THAT THE NUMBER OF VERIFIED NAMES, ADDRESSES
AND SIGNATURES CONTAINED ON THE PETITION REFERENCED HEREIN IS
GREATER THAN THE NUMBER CORRESPONDING TO TWENTY PERCENT OF THE
ELIGIBLE VOTERS RESIDING ON PROPERTY WITHIN THE ELECTION DISTRICT.
I, REBECCA N. BOYD, HAVE PERFORMED THIS SERVICE IN MY CAPACITY
AS THE DULY ELECTED AND QUALIFIED RANKIN COUNTY CIRCUIT CLERK AND
COUNTY REGISTRAR AND I HAVE DONE SO IN CONFORMITY WITH HOUSE BILL
836 AND ALL OTHER PROVISIONS OF MISSISSIPPI LAW.
CERTIFIED AND GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE
3oTH DAY OF JULY,
KIN COUNTY, MISSISSIPPI
DATE CERTIFIED:
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