AN ORDINANCE ENLARGING AND EXTENDING THE CORPORATE LIMITS

AND BOUNDARIES OF THE VILLAGE OF MEMPHIS, DESOTO

COUNTY, MISSISSIPPI, TO INCLUDE CERTAIN LANDS SITUATED IN

DESOTO COUNTY, MISSISSIPPI

BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE VILLAGE OF MEMPHIS, MISSISSIPPI:

SECTION 1. Public convenience and necessity requiring the same, that the corporate boundaries and limits of the Village of Memphis, DeSoto County, Mississippi, be and the same are hereby extended and enlarged so as to embrace the following adjacent unincorporated lands and territory in DeSoto County, Mississippi, to wit:

TRACT #1

Commence at the southeast corner of Section 7, Township 2 South, Range 9 West, DeSoto County, Mississippi; thence, run North 89 degrees 32 minutes and 14 seconds West, along the south boundary line of said Section 7, 1370 feet, more or less, to a point on the west right-of-way line of Entergy, Inc. Powerline Easement and the POINT OF BEGINNING; thence, continue North 89 degrees 32 minutes 14 seconds West, 1286.5 feet, more or less, to the southwest corner of Saturn Development, Inc. property (Deed Book 387, page 494); thence, run North, along the west boundary of said Saturn Development Inc. property, 5266.79 feet to an iron rod found; thence, South 89 degrees 14 minutes 59 seconds East, along Saturn Development, Inc. property, 2646.60 feet to an iron rod found at the northwest corner of Section 8 and the southwest corner of Section 5, all Township 2 South, Range 9 West; thence, run North 00 degrees 23 minutes 10 seconds West, along section line, 2765.57 feet to a point, thence, South 80 degrees 50 minutes 52 seconds East, 145.24 feet to an iron rod found; thence, North 07 degrees 13 minutes 52 seconds East, 138.08 feet to an iron rod found; thence, North 73 degrees 15 minutes 31 seconds West, 169.04 feet to a point on section line; thence, run North 00 degrees 23 minutes 10 seconds West, 2378.27 feet to a spike found at the northwest corner of said Section 5; thence, South 89 degrees 31 minutes 38 seconds East, along section line, 5280.00 feet to a 1” pipe found at the northeast corner of said Section 5; thence run South 00 degrees 25 minutes 03 seconds East, along section line, 2196.30 feet to an iron rod found on the north right-of-way line of the railroad; thence, continue along the north right-of-way line of said railroad, South 53 degrees 19 minutes 58 seconds West, 900.66 feet to an iron rod found; thence, South 53 degrees 00 minutes 43 seconds West, along said right-of-way line, 4211.74 feet, more or less, to a point on the south line of Section 5; thence, North 89 degrees 44 minutes 18 seconds West, 1173.47 feet to the southwest corner of said Section 5 and the northwest corner of said Section 8; thence, run South 00 degrees 06 minutes 34 seconds East, along section line, 3751 feet, more or less, to the north right-of-way of said Entergy, Inc. Powerline Easement; thence, run Southwesterly, along the north right- Saturn Development Inc. property, 5266.79 feet to an iron rod found; thence South 89 degrees 14 minutes 59 seconds East, along Saturn Development, Inc. property 2646.60 feet to an iron rod found at the northwest corner of Section 8 and the southwest corner of Section 5, all in Township 2 South, Range 9 West; thence, run North 00 degrees 23 minutes 10 seconds West, along section line, 2765.57 feet to a point; thence, South 80 degrees 50 minutes 52 seconds East, 145.24 feet to an iron rod found; thence North 07 degrees 13 minutes 52 seconds East, 138.08 feet to an iron rod found; thence, North 73 degrees 15 minutes 31 seconds West, 169.04 feet to a point on section line; thence North 00 degrees 23 minutes 10 seconds West, 2378.27 feet to a spike found at the northwest corner of said Section 5; thence, East, along the north line of said Section 4, to the southwest corner of the Southeast Quarter of Section 33, Township 1 South, Range 9 West; thence, North along the west line of the east half of said Section 33, to its intersection with the north line of said Section 33; thence, East, along the north line of said Section 33 and the north line of Section 34, Township 1 South, Range 9 West, to its intersection with the right-of-way line of U.S. Highway #61; thence, South along the west right-of-way line of said U.S. Highway #61, to its intersection with the extended center-line of Nail Road; thence, East, along the center-line of said Nail Road to a point 3286 feet east of the northwest corner of Section 3, Township 2 South, Range 9 West; thence South 00 degrees 05 minutes 30 seconds East, 5308 feet to a point on the south line of said Section 3; thence, East, along the south line of said Section 3, to the northwest corner of Section 11, Township 2 South, Range 9 West, and the POINT OF BEGINNING.

SECTION 3. The Village of Memphis 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 this 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) said services shall be furnished in the same manner as such services are being furnished to the present citizen, businesses and property owners of the municipality where necessary and economically feasible and legally permissible.

SECTION 4. That the Village of Memphis shall furnish to the said annexed

territory 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.

SECTION 5. The Village of Memphis, Mississippi, through its attorneys, shall file a petition in the Chancery Court of DeSoto County, Mississippi, which petition shall recite the fact of the adoption of this Ordinance and shall pray for the approval, ratification and confirmation by the said Court of the enlargement and extension of the municipal boundaries and limits of the Village of Memphis, Mississippi as herein fixed and determined. Said petition shall have attached hereto a certified copy of this Ordinance and a plat or map showing the boundaries of the said Village of Memphis, Mississippi, as they will exist in the event such enlargement and extension becomes effective pursuant to this Ordinance.

SECTION 6. That this Ordinance shall become effective ten (10) days after the date of the entry of the Decree of the Chancery Court of DeSoto County, Mississippi, ratifying, approving, and confirming the enlargement and extension of the boundaries of the Village of Memphis, Mississippi as established by this Ordinance and Decree of said Chancery Court.

There came on for consideration AN ORDINANCE ENLARGING AND EXTENDING THE CORPORATE LIMITES AND BOUNDARIES OF THE VILLAGE OF MEMPHIS, DESOTO COUNTY, MISSISSIPPI, TO INCLUDE CERTAIN LANDS SITUATED IN DESOTO COUNTY, MISSISSIPPI; having been introduced and considered (no member of the governing authority having requested a reading of the ordinance) on October 7, 2003, at a regular Board Meeting and upon motion by Alderman Thomas and seconded by Alderman Lovell in favor of approving said ordinance, the Ordinance was approved by the following vote:

Alderman Thomas vote: Yea

Alderman Lovell vote: Yea

Alderman Austin vote: Yea

Alderman Replogle vote: Absent

Alderman Stafford vote: Absent

The motion having received the affirmative vote of all the members of the Board of Aldermen present, the Mayor declared the motion carried and this Ordinance adopted on this 7^th day of October 2003.

VILLAGE OF MEMPHIS, MISSISSIPPI

_____________________________

Robert E. Smith, Mayor

Attest:

______________________

Janetta Walls, Village Clerk

(SEAL)