resolution acknowledging receipt of certification form circuit clerk

8/12/2019 Resolution Acknowledging Receipt of Certification Form Circuit Clerk

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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 ,2014; and



Section 2 of House Bill 836 amended Miss. Code Ann. 67- 1 16 to add Paragraphs (4)(a) and

(b) that address the manner in which the are a defined in M iss. Code Ann 67-1-5(o)(iii)(8) may

be granted Qua lified Resort Status under Mississippi law. Miss. Code

Ann

67-1-16(4)(a)

requires that before the area defined in Miss. Code Ann. 67-1 -5(o)(iii)(8) may be granted status

as a Q ualified Resort Area under Mississippi law, there mu st first be held an election on the

question of whether the area shall be a qualified resort area. The se ction further states that such

an election shall be ordered by the Board of Supervisors upon presentation to the board of a

petition containing the na me s of at least twenty percent (20 %) of the duly q ualified voters of the

area described in Sec tion 67- 1 5(o)(iii)(8) asking for th e election.

On July 2,20 14 , July 7 , 2014, and July 28,2 01 4, 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 qu estion of wh ether the area defined in

Miss. Cod e An n. 67-1-5(o)(iii)(8) be granted status as a Qu alified Reso rt 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. Cod e Ann . 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 C ircuit 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 Coun ty voters. The Circuit Clerk has

certified that the petition contains verified names, add resses and signatures of g reater than twenty

percent of the eligible voters of the area defined by Miss. Co de

Ann

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

Pursuan t to Miss. Code Ann. 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 M iss. Code An n. 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 qu estion shall be called; and



Pursuant to Miss. Code Ann 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

s

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. 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

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R NKIN

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UNTY BOARD OF SUPERVISORS

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By: +

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ATTEST:

. .. . ; . .



CERTIFIC TION OF PETITION SIGN TURES

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

M 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 R NKIN 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 TH N

1 500

QU LIFIED ELECTORS OF

R NKIN

COUNTY WHO RESIDE ON

PROPERTY OWNED AND/OR CONTROLLED BY THE PEARL RIVER VALLEY WATER

SUPPLY DISTRICT IN

R NKIN

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

TH N

THE NUMBER CORRESPONDING TO TWENTY PERCENT OF THE

ELIGIBLE VOTERS RESIDING ON PROPERTY WITHIN THE ELECTION DISTRICT.



I REBECC A 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

8 6

AND A LL OTHER PROVISIONS OF MISSISSIPPI LAW.

CERTIFIED AND GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE

oTHDAY OF JULY

KIN COUNTY MISSISSIPPI

DATE CER TIFIED:

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resolution acknowledging receipt of certification form circuit clerk

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