IN THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI
IN THE MATTER OF THE INCORPORATION OF
THE CITY OF GLUCKSTADT, MISSISSIPPI,
GLUCKSTADT INCORPORATORS PETITIONERS CIVIL ACTION NO.
Petition No.
VS.
CITY OF CANTON, MISSISSIPPI
A MUNICIPAL CORPORATION
CITY OF MADISON, MISSISSIPPI
A MUNICIPAL CORPORATION
PETITION FOR INCORPORATION
CITY OF GLUCKSTADT, MISSISSIPPI
COME NOW the inhabitants of the unincorporated territory of the City of GLUCKSTADT, Mississippi, and petitions the Court for incorporation and in support thereof states:
1. The Petitioners herein are two-thirds (2/3rds) and more of the qualified electors residing in the territory proposed to be incorporated and are each adult resident citizens of Madison County, Mississippi.
2. The name of the municipal corporation shall be City of GLUCKSTADT, Mississippi.
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3.The territory sought to be incorporated is located solely within the boundaries of Madison County, Mississippi, and an accurate metes and bounds description of the territory proposed to be incorporated therein is described as follows:
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4.
Area Proposed to be incorporated as the City of Gluckstadt
Commence at the NW corner of the South 1⁄2 of the NW 1⁄4 of Section 15, Township 8 North, Range 2 East; thence run Easterly along the North line of said South 1⁄2 of the NW 1⁄4 of said Section 15 for a distance of 1,650 feet (25 chains); thence run Southerly along a line that is parallel to the West line of said Section 15 for a distance of 2,640 feet (40 chains), more or less, to a point on the South line of the North 1⁄2 of the SW 1⁄4 of said Section 15, said point being the POINT OF BEGINNING, and lying on the corporate limits of the City of Canton; thence run Westerly along said South line of the North 1⁄2 of the Southwest 1⁄4 of said Section 15 for a distance of 492 feet (7.45 chains) to a point; thence run Northerly along a line that is parallel to the West line of said Section 15 for a distance of 627 feet (9.5 chains) to a point; run thence Westerly along a line that is parallel to said south line of the North 1⁄2 of the Southwest 1⁄4 of said Section 15 for a distance of 831 feet, more or less, to a point on the East boundary of the property conveyed to John Srite, et al, by Warranty Deed recorded in Deed Book 289 at Page 546 in the records of the Chancery Clerk of Madison County (Srite Property); run thence Northerly and Westerly along the East, Northeast and North boundaries of the Srite Property to the Northwest corner of the Srite Property on the East right-of-way line of Old Jackson Road; run thence due West to a point in Section 16, Township 8 North, Range 2 East that is on the West right-of-way line of said Old Jackson Road, as said West right-of-way line was established by the instrument recorded in Deed Book 496 at Page 016 in the records of the Chancery Clerk of Madison County; run thence Northerly along said West right-of-way line of Old Jackson Road to its intersection with the South right- of-way line of Sowell Road (a/k/a NeuMarkt Drive), as said South right-of-way line was established by the instrument recorded in Deed Book 532 at Page 299 in the records of the Chancery Clerk of Madison County; run thence Westerly along said South right-of- way line of Sowell Road (a/k/a NeuMarkt Drive) to its intersection with the East right-of- way line of Interstate Hwy. No. 55; run thence Southwesterly along said East right-of- way line of Interstate Hwy. No. 55 in said Section 16 to the intersection of said East right-of-way line of Interstate Hwy. No. 55 with the South line of said Section 16; thence run Westerly along the South line of said Section 16 to the intersection of said South line of said Section 16 with the West right-of-way line of Interstate Hwy. No. 55; continue thence Westerly along the South line of said Section 16 for a distance of 1,719.55 feet to a point; thence run in the West Half of Section 16, Township 8 North, Range 2 East, as follows: thence run North 00 degrees 01 minutes 24 seconds West for a distance of 46.21 feet to a point on the North right-of-way line of Church Road; continue thence North 00 degrees 01 minutes 24 seconds West for a distance of 432.30 feet to the point of curvature of a curve to the right subtending a central angle of 61 degrees 14 minutes 53 seconds and having a radius of 620.00 feet; thence run Northeasterly along this curve to the right clockwise for an arc distance of 662.77 feet (chord bearing and distance: North 30 degrees 36 minutes 03 seconds East, 631.66 feet) to the point of tangency of this curve; thence run North 61 degrees 13 minutes 29 seconds East for a distance of 149.57 feet to a point on the West right-of-way line of Calhoun Station Parkway, said point being in a curve to the left subtending a central angle of 04 degrees 48 minutes 19 seconds and having a radius of 1,630.00 feet; thence run Northwesterly along said West right-of-way line of Calhoun Station Parkway and along this curve to the left counterclockwise for an arc distance of 136.71 feet (chord bearing and distance: North 31 degrees 10 seconds 48 minutes West, 136.66 feet) to the point of tangency of this curve; thence run North 33 degrees 34 minutes 58 seconds West along said West right-of-way line of Calhoun Station Parkway for a distance of 365.46 feet to the point of curvature of a curve to the right subtending a central angle of 28 degrees 06 minutes 28 seconds and having a radius of 1,970.00 feet; thence run Northwesterly along said West right-of-way line of Calhoun Station Parkway and along this curve to the right clockwise for an arc distance of 966.43 feet (chord bearing and distance: North 19 degrees 31 minutes 44 seconds West, 956.77 feet) to a point; leaving said West right-of-way line of Calhoun Station Parkway, thence run North 89 degrees 38 minutes 53 seconds West for a distance of 228.70 feet to a point; thence run North 00 degrees 21 minutes 07 seconds East for a distance of 160.00 feet to a point; thence run North 89 degrees 38 minutes 53 seconds West for a distance of 80.00 feet to a point; thence run North 00 degrees 21 minutes 07 seconds East for a distance of 40.00 feet to a point; thence run North 89 degrees 38 minutes 53 seconds West for a distance of 200.00 feet to a point; thence run North 00 degrees 21 minutes 07 seconds East for a distance of 815.91 feet to a point; thence run North 53 degrees 40 minutes 32 seconds East for a distance of 103.21 feet to a point on a curve to the right subtending a central angle of 32 degrees 51 minutes 29 seconds and having a radius of 340.00 feet; thence run along this curve clockwise for an arc distance of 194.98 feet (chord bearing and distance: North 19 degrees 14 minutes 41 seconds West, 192.32 feet) to a point; thence run North 75 degrees 41 minutes 34 seconds West for a distance of 376.33 feet to a point; thence run North 59 degrees 42 minutes 56 seconds West for a distance of 361.74 feet to a point; thence run North 89 degrees 54 minutes 13 seconds West for a distance of 44.70 feet to a point on the West line of Section 16, Township 8 North, Range 2 East, that is 3,909.36 feet North 00 degrees 05 minutes 47 seconds East of the Southwest corner of said Section 16; thence run North 00 degrees 05 minutes 47 seconds East along the West line of said Section 16 for a distance of 1,319.40 feet to a concrete monument marking the corner common to Sections 8, 9, 16 and 17, Township 8 North, Range 2 East; thence run Easterly along the South line of said Section 9 to the SW corner of the East 1⁄2 of the SE 1⁄4 of said Section 9; thence run Northerly along the West line of the East 1⁄2 of the SE 1⁄4 of said Section 9 to the NW corner of the East 1⁄2 of the SE 1⁄4 of said Section 9; thence, leaving the corporate limits of the City of Canton, run Northerly along the West line of the East 1⁄2 of the NE 1⁄4 of said Section 9 to the NW corner of the East 1⁄2 of the NE 1⁄4 of said Section 9; thence run Westerly along the North line of said Section 9 to the NW corner of said Section 9, said corner also being the SE corner of Section 5, Township 8 North, Range 2 East; thence run Northerly along the East line of said Section 5 to the SE corner of the NE 1⁄4 of the NE 1⁄4 of said Section 5, said point also being the SW corner of the NW 1⁄4 of the NW 1⁄4 of Section 4, Township 8 North, Range 2 East; thence run Easterly to the SE corner of the NW 1⁄4 of the NW 1⁄4 of said Section 4; thence run Northerly to the NE corner of the NW 1⁄4 of the NW 1⁄4 of said Section 4, said point lying on the South line of Section 33, Township 9 North, Range 2 East and being the SE corner of the West 1⁄2 of the West 1⁄2 of said Section 33; thence run Northerly along the East line of the West 1⁄2 of the West 1⁄2 of said Section 33 to its point of intersection with the North right-of-way line of Mississippi State Highway 22; thence run Southwesterly along the North right-of-way line of said Highway 22 to its point of intersection with the centerline of Panther Creek; thence run Southerly along the meanderings of the centerline of said Panther Creek to its point of intersection with the West line of Section 5, Township 8 North, Range 2 East; thence run Southerly along the West line of said Section 5 to the SW corner of said Section 5, said corner also being the NW corner of Section 8, Township 8 North, Range 2 East; thence run Southerly along the West line of said Section 8 to the SW corner of said Section 8; thence run Easterly to the NW corner of lot 140 of Grayhawk Part Three-A Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 161A; thence following along the North boundary of said Grayhawk Part Three-A run South 89 degrees 52 minutes 17 seconds East a distance of 878.00 feet; thence following along the East boundary of said Grayhawk Part Three-A run South 00 degrees 21 minutes 02 seconds East a distance of 947.76 feet to the SE corner of lot 131 of said Grayhawk Part Three-A, said point also being the NE corner of lot 124 of Grayhawk Part Two-B Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 147B; thence following along the East boundary of said Grayhawk Part Two-B run South 00 degrees 21 minutes 02 seconds East a distance of 668.17 feet; thence continuing along the East boundary of said Grayhawk Part Two-B run South 00 degrees 00 minutes 30 seconds East a distance of 660.26 feet to the SE corner of lot 110 of said Grayhawk Part Two-B, said point also being the easternmost corner of lot 379 of Grayhawk Part One-A Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 134B; thence following along the East boundary of said Grayhawk Part One-A run South 00 degrees 00 minutes 30 seconds East a distance of 254.74 feet; thence continuing along the SE boundary of said Grayhawk Part One-A run South 39 degrees 00 minutes 02 seconds West a distance of 475.38 feet to a point; thence following along the boundary of Grayhawk Part One Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 105B run South 24 degrees 57 minutes 41 seconds West a distance of 60.00 feet to a point; thence following along the boundary of said Grayhawk Part One run South 65 degrees 02 minutes 19 seconds East a distance of 126.76 feet to a point; thence continuing along the boundary of said Grayhawk Part One run South 21 degrees 40 minutes 53 seconds West a distance of 611.30 feet to a point; thence leaving said Grayhawk Part One and following along the South boundary of Germantown, Part III Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet D at page 3 run South 70 degrees 31 minutes 32 seconds East a distance of 217.29 feet to a point; thence South 64 degrees 12 minutes 31 seconds East a distance of 216.60 feet to a point; thence South 65 degrees 28 minutes 08 seconds East a distance of 219.98 feet to a point; thence South 70 degrees 00 minutes 34 seconds East a distance of 215.57 feet to a point; thence South 82 degrees 32 minutes 34 seconds East a distance of 263.63 feet to the Southeast corner of lot 64 of said Germantown, Part III Subdivision, said point also lying in common with an Eastern boundary of Timber Ridge of Wellington Part Three-A Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 177B; then following along the Eastern boundary of said Timber Ridge of Wellington run South 16 degrees 01 minutes 34 seconds West for 8.95 feet; thence run Southwesterly along the arc of a curve to the left having a radius of 50.00 feet, a delta angle of 168 degrees 32 minutes 10 seconds, a chord bearing of South 15 degrees 08 minutes 18 seconds East, a chord length of 99.50 feet, and an arc length of 147.08 feet, for a distance of 147.08 feet to a point; thence run South 00 degrees 03 minutes 15 seconds East for 377.78 feet to a point; thence run South 89 degrees 50 minutes 16 seconds West for 249.83 feet to a point; thence run South 00 degrees 02 minutes 35 seconds East for 853.71 feet to a point on the Southeast corner of a common area within said Timber Ridge of Wellington; thence run due South to a point on the South right-of-way of Stribling Road (aka Stribling Road Extension), said point also lying on the North boundary of Northwind of Wellington Part Two-A Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 163A; thence run Easterly along the North boundary of said Northwind of Wellington Part Two-A Subdivision to the Northeast corner thereof; thence following along the East boundary of said Northwind of Wellington Part Two-A run South 00 degrees 16 minutes 26 seconds West a distance of 1,495.05 feet to the Southeast corner of said Northwind of Wellington Part Two-A, said point also being the Northeast corner of the Wellington Part One-A Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 107A; thence following along the East boundary of said Wellington Part One-A run South 00 degrees 16 minutes 26 seconds West a distance of 1,063.02 feet to a point; thence run Westerly to the Northeast corner of Lot 146 of Ridgefield Part Five Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 64B; thence following along the North boundary of said Ridgefield Part Five run South 89 degrees 30 minutes 38 seconds West for 333.72 feet to a point; thence run South 89 degrees 30 minutes 38 seconds West for 15.00 feet to a point on the Northeast corner of Ridgefield Part Four Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 15A; thence following along the North boundary of said Ridgefield Part Four run South 89 degrees 30 minutes 38 seconds West for 1420.01 feet to a point; thence run South 00 degrees 15 minutes 21 seconds East for 3.52 feet to a point; thence run South 89 degrees 48 minutes 00 seconds West for 45.94 feet to the Northwest corner of said Ridgefield Part Four Subdivision, said point also being the Northeast corner of lot 59 of the Ridgefield Part Two Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet D at page 124; thence along the North boundary of said Ridgefield Part Two run South 89 degrees 48 minutes 00 seconds West for 690.13 feet to a point; thence along the West boundary of said Ridgefield Part Two run South 00 degrees 24 minutes 49 seconds East for 335.91 feet to a point; thence run South 00 degrees 06 minutes 26 seconds East for 621.00 feet to the Southwest corner of lot 18 of said Ridgefield Part Two; thence run Southerly to a point on the Southeast corner of that certain parcel conveyed from Lucky Town Acres, L.P. to Stillhouse Creek, LLC as shown on the Warranty Deed as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in book 2739 at page 977; thence along the South boundary of said Stillhouse Creek, LLC property run South 89 degrees 53 minutes 06 seconds West for 1,241.85 feet; thence along the West boundary of said Stillhouse Creek, LLC property run North 00 degrees 14 minutes 02 seconds East for 1,096.74 feet to a point on the Northwest corner of said property; thence run Westerly to the Southeast corner of lot 72 of Stillhouse Creek, Phase 2 Subdivision as shown on the plat thereof as recorded in the land records in the office of the Chancery Clerk for Madison County, Mississippi in Plat Cabinet E at page 110B; thence run North 89 degrees 46 minutes 03 seconds West for 186.6 feet to a point; thence run North 01 degrees 39 minutes 00 seconds East for 168.36 feet to a point; thence run North 01 degrees 39 minutes 00 seconds East for 34.92 feet to a point; thence run North 89 degrees 45 minutes 00 seconds West for 409.20 feet to a point; thence run North 00 degrees 15 minutes 00 seconds East for 12.49 feet to a point; thence run North 89 degrees 45 minutes 00 seconds West for 150.00 feet; thence run South 00 degrees 15 minutes 00 seconds West for 7.43 feet; thence run North 89 degrees 45 minutes 00 seconds West to a point on the Easterly right-of-way of Catlett Road; thence run due West to a point on the West line of Section 19, Township 8 North, Range 2 East; thence run Southerly along the West line of said Section 19 to the SW corner of said Section 19, said corner also being the NW corner of Section 30, Township 8 North, Range 2 East; thence run Southerly along the West line of said Section 30 to a point lying 3,304.5 feet due North of the SW corner of said Section 30; thence run due East for 1,306.57 feet to a point; thence run South 00 degrees 39 minutes 50 seconds West to a point on the Northwesterly right-of way line of Bozeman Road; thence run due East to a point on the Southeasterly right-of- way line of said Bozeman Road; thence run Northeasterly along the Southeasterly right- of-way line of said Bozeman Road to its point of intersection with the Southerly right-of- way line of Gluckstadt Road; thence run Easterly along the Southerly right-of-way line of said Gluckstadt Road to its point of intersection with the West line of the East 1⁄2 of the East 1⁄2 of said Section 30; thence run Southerly along the West line of the East 1⁄2 of the East 1⁄2 of said Section 30 to the SW corner of the East 1⁄2 of the East 1⁄2 of said Section 30; thence run Easterly along the South line of said Section 30 and continue along the South line of Section 29, Township 8 North, Range 2 East to the Southeast corner of said Section 29; thence run Easterly along the South line of Section 28, Township 8 North, Range 2 East a distance of 3,486 feet, more or less, to a point on the Westerly right-of- way of line of a railroad; thence run Southwesterly along the Westerly right-of-way line of said railroad to its point of intersection with a Northwesterly extension of the Northern boundary of that certain property conveyed by warranty deed from Elias H. Dabit to Faten M. Saman, said deed filed in Deed Book 2233 at Pages 0432-0433 in the land records maintained by the Chancery Clerk for Madison County, Mississippi; thence run South 66 degrees 27 minutes 40 seconds East to and along the Northern boundary of said Saman property to a point on the Westerly right-of-way line of U.S. Highway 51; thence run South 66 degrees 27 minutes 40 seconds East to a point on the Easterly right-of-way of said U.S. Highway 51; thence run Northeasterly along the Easterly right-of-way of said U.S. Highway 51 to the Northwest corner of Lot 10 of Wildwood Subdivision as recorded in Plat Cabinet D, Slides 97 and 98 in the land records maintained by the Chancery Clerk for Madison County, Mississippi; thence, following along the boundary of said Wildwood subdivision, run South 70 degrees 26 minutes 25 seconds East a distance of 493.19 feet; thence run North 15 degrees 42 minutes 22 seconds East a distance of 437.20 feet; thence run North 11 degrees 37 minutes 02 seconds East a distance of 148.26 feet; thence run North 89 degrees 44 minutes 18 seconds East a distance of 459.38 feet; thence run South 88 degrees 49 minutes 41 seconds East a distance of 661.28 feet to the Northeast corner of Lot 25 of said Wildwood subdivision, said corner also being the Northwest corner of Lot 99A of Twin Cedars Phase III subdivision as recorded in Plat Cabinet D Slide 56 in the land records maintained by the Chancery Clerk for Madison County, Mississippi; thence, following along the boundary of said Twin Cedars Phase III, run North 89 degrees 17 minutes 48 seconds East a distance of 119.11 feet; thence run North 89 degrees 16 minutes 37 seconds East a distance of 374.62 feet; thence run North 89 degrees 07 minutes 45 seconds East a distance of 236.31 feet; thence run North 89 degrees 12 minutes 03 seconds East a distance of 221.49 feet; thence run North 88 degrees 30 minutes 20 seconds East a distance of 372.77 feet to the Northeast corner of Lot 96 of said Twin Cedars Phase III; thence run South 89 degrees 06 minutes 00 seconds East to a point on the Easterly right- of-way line of Clarkdell Road; thence run Northerly along the Easterly right-of-way of said Clarkdell Road to its point of intersection with the Southerly right-of-way of Yandell Road; thence run Easterly along the Southerly right-of-way of said Yandell Road to a point lying due South of the Southeast corner of “The Doraleen Miller Morrison Revocable Trust” property conveyed by Quit Claim Deed recorded in Book 440 at Page 470 in the records of the Chancery Clerk of Madison County (Morrison Property); thence run due North to and along the East line of said Morrison Property to its point of intersection with the North line of the South 1⁄2 of Section 23, Township 8 North, Range 2 East; thence run Westerly along the North line of the South 1⁄2 of said Section 23 to the West line of said Section 23; thence run Southerly along the West line of said Section 23, said line also being the East line of Section 22, Township 8 North, Range 2 East, to the Northeast corner of the South 1⁄2 of the North 1⁄2 of the NE 1⁄4 of the SE 1⁄4 of said Section 22; thence run Westerly along the North line of the South 1⁄2 of the North 1⁄2 of the NE 1⁄4 of the SE 1⁄4 of said Section 22 to the Northwest corner of the South 1⁄2 of the North 1⁄2 of the NE 1⁄4 of the SE 1⁄4 of said Section 22; thence run due North a distance of 512.02 feet to a point; thence run North 69 degrees 15 minutes 23 seconds West to a point on the Easterly right-of-way line of U.S. Highway 51; thence run Northeasterly and along the Easterly right-of-way line of said U.S. Highway 51 to a point on the Northerly right-of- way of Sowell Road (aka East Sowell Road); thence run Westerly to and along the Northerly right-of-way of Sowell Road (aka West Sowell Road) to its intersection with the East line of that property conveyed by Warranty Deed from Michael W. Ulmer and Nancy L. Ulmer to High Hopes Farm, LLC as recorded in Book 2799 at Page 223 in the records of the Chancery Clerk of Madison County (High Hopes property); thence run Northerly and along the East boundary of said High Hopes property for 600 feet; thence run due West to a point lying due North of the Northeast corner of that portion of the Canton Corporate limits lying in Section 15, Township 8 North, Range 2 East; thence run due South to the said Northeast corner of that portion of the Canton Corporate limits lying in said Section 15; thence following along the Corporate Limits of the City of Canton run Southerly along a line that is parallel to the West line of said Section 15 for a distance of 2,640 feet (40 chains), more or less, to a point on the South line of the North 1⁄2 of the SW 1⁄4 of said Section 15, said point being the POINT OF BEGINNING.
4. Attached hereto as Exhibit “A”, and made a part hereof by reference, is a map showing the boundaries of the proposed area of incorporation.
5. The City of Canton, Mississippi, and the City of Madison, Mississippi are municipal corporations lying within three (3) miles of the proposed area to be incorporated and should be made party defendants to this petition to incorporate.
6. The total number of inhabitants of the territory sought to be incorporated is estimated to be approximately 2,463 persons according to the latest available decennial census block level data.
7. The total assessed value of the real property in such territory is $55,139,979.00. Such assessment is according to the latest available assessments from the Madison County, Mississippi, tax assessment rolls.
8. The aims of the Petitioners in seeking the incorporation are as follows:
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(a)To render municipal level public services, as set forth hereinafter, to the incorporated territory;
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(b)(b) To enjoy the benefit of self determination by the residents and property owners of the City of GLUCKSTADT community with regard to the provision of municipal services, establishment of long term growth objectives to achieve a well planned, harmonious city in regards to population growth, business and industry development within the area proposed for incorporation;
(c) To preserve the strong sense of community which currently exists within the GLUCKSTADT area;
(d) To take advantage of and coordinate the services rendered by existing public or quasi-public agencies with regard to fire protection, water service, sanitary sewage collection and treatment services, park and recreational facilities, street and right-of-way maintenance, and other services rendered by such agencies;
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(e)To enact municipal ordinances designed to protect the public health, safety and general welfare of the residents and property owners of the GLUCKSTADT community;
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(f)To avail the community of funding programs and opportunities through the state and federal government to aid in recovery from natural disasters, to aid in creating projects and programs that enhance the quality of life within the community, eliminate health hazards and the potential therefore, to enhance services provided within the proposed city, either through governmental or quasi-governmental agencies, and other such purposes for which state and federal programs may be utilized.
The municipal and public services to be initially rendered by the proposed City of GLUCKSTADT are:
(a) Municipal police protection
(b) Municipal planning and zoning
(c) Building inspections
(d) Code enforcement
(e) Street and right-of-way maintenance on public streets (f) Streetlighting
(g) Animal control
(h) Pest control
(i) Firedepartmentsupport
(j) Therighttoexerciseballot(voteinmunicipalelections)
(k) Other services as the need for such arises and the provision of such services is economically feasible and legally permissible.
9. The municipality will, within a reasonable time, be able to upgrade the current fire department; facilities and equipment will be expanded; and, implementation of a Fire Prevention Code. Enhanced fire protection and improvement in classification for such area for insurance purposes would encourage the reduction of premiums of the inhabitants in purchasing fire insurance for their homes, businesses and other structures as well as protect property and public safety.
10. The municipality will, within a reasonable time, provide additional law enforcement protection. The area is presently protected by the Madison County Sheriff’s Department which has limited ability and resources to patrol and otherwise protect the area from crime. A Police Department of the municipality will provide additional law enforcement officers and will enhance the safety of its inhabitants.
11. The municipality will, within a reasonable time, by enacting ordinances and regulations improve the standards of solid waste disposal, electrical standards, plumbing standards, and building standards within the municipality. The area is becoming increasingly populated and development is ongoing. Municipal zoning and development are now imperative. Planning, community development and code enforcement are necessary.
12. The municipality will take measures, within a reasonable time, for control of animals, mosquitoes and other insects.
13. The right to select by ballot in municipal elections, for their governing authorities will be made available to the municipality as provided by law.
14. The municipality will have the authority to make environmental regulations to preserve and protect public health, safety and welfare.
15. The municipality will, within a reasonable time, provide enhanced street lighting and traffic controls where necessary; grade, drain and maintain existing public streets; construct additional streets as needed for the safe and efficient flow of traffic; and improve drainage and flooding problems in the area.
16. The best interests of those persons living within the proposed area to be incorporated requires the incorporation and the public interests will be served. The incorporation of the City of GLUCKSTADT would be reasonable and is required by the public convenience and necessity because:
(a) The quality and adequacy of services provided to the residents of that territory which will become the City of GLUCKSTADT would be improved;
(b) There is a substantial and obvious need for incorporation arising from a population increase and an increase in business activity in the territory proposed to be incorporated, which would be enhanced by incorporation.
(c) The already-existing community pride, self image and identity of the territory proposed to be incorporated would be enhanced by the incorporation of the City of GLUCKSTADT;
(d) The unincorporated territory which will become the City of GLUCKSTADT already possesses the characteristics of a city;
(e) The estimated residential and commercial tax base within the proposed incorporated area would strongly support incorporation;
(f)The incorporation of the City of GLUCKSTADT would not impair any immediate right vested in or have any detrimental effect on an adjoining city;
(g) The cost of operating the municipality would be reasonable; and
(h) The overall welfare of the residents of the territory which will become The City of GLUCKSTADT would be improved by incorporation.
17. The Petitioners desire to adopt a Code Charter form of government and that the persons hereinafter named be appointed as officers of the corporation and beside their names is the office which the Petitioners wish such persons to fill respectively, to-wit:
Mayor
Walter C. Morrison
IV 266 Germantown Road
Madison, MS 39110
Aldermen
Jayce Powell
111 Ridgefield Dr
Madison Ms 39110
Miya Evan Warfield
124 Wells Ct, Canton
MS 39046
Krisstel Pereira Hunt
102 Wells Court
Canton MS 39046
Stephen Snell 107
Wayfield Cove
Madison, MS 39110
Lisa H. Williams
139 Old Orchard Road
Madison MS 39110
WHEREFORE, PREMISES CONSIDERED, Petitioners pray that the Court will set a date for a hearing of this Petition, and cause to be made the City of Canton, Mississippi, and the City of Madison, Mississippi party defendants herein; and, thereafter that the Court will cause all necessary and appropriate notice to all interested parties as provided by statute. That upon a final hearing the Court will incorporate the territory hereinabove described and will grant unto the incorporated area and municipality the name City of GLUCKSTADT, Mississippi, and that the officers named hereinabove set forth will be named as the first officers of the municipality of City of GLUCKSTADT, Mississippi; and, Petitioners pray for general relief.
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GLUCKSTADT INCORPORATORS
By:
Jerry L. Mills [MB# 3324]
Attorney for the Incorporators
Of Counsel:
Jerry L. Mills [MB # 3324]
John P. Scanlon [MB # 101943]
PYLE, MILLS, DYE & PITTMAN
800 Avery Boulevard North, Suite 101
Ridgeland, Mississippi 39157
Telephone: 601/957-2600
Facsimile: 601/957-7440
Petitioner
Petitioner
STATE OF MISSISSIPPI
\COUNTY OF MADISON
THIS DAY personally appeared before me, the undersigned authority in and for the said county and state, , who after being by me first duly sworn, states on his oath that he is the appointed
of City of GLUCKSTADT, Mississippi and that the matters, facts and allegations set forth, contained and alleged in the above and foregoing Petition for Incorporation are true and correct as therein stated.
SWORN TO AND SUBSCRIBED BEFORE ME, this the ___ day of _______________________, 201__.
My commission expires:
STATE OF MISSISSIPPI COUNTY OF MADISON
THIS DAY personally appeared before me, the undersigned authority in and for the said county and state, , who after being by me first duly sworn, states on his oath that he is the appointed
of City of GLUCKSTADT, Mississippi and that the matters, facts and allegations set forth, contained and alleged in the above and foregoing Petition for Incorporation are true and correct as therein stated.
SWORN TO AND SUBSCRIBED BEFORE ME, this the ___ day of _______________________, 201__.
Notary Public
My commission expires:
Notary Public
At the time I signed this document it was attached to a full and complete copy of a Petition For Incorporation of a municipality to be named Gluckstadt. The attached petition contained the metes and bounds description of the territory proposed to be incorporated, there was attached to such petition a map or plat of the boundaries of the proposed municipality; it set forth the corporate name which is desired; it set forth the number of inhabitants of such territory; it set forth the assessed valuation of the real property in such territory according to the latest available assessments thereof; it stated the aims of the petitioners in seeking said incorporation, and set forth the municipal and public services which said municipal corporation proposes to render and the reasons why the public convenience and necessity would be served by the creation of such municipal corporation; and it contained a statement of the names of the persons the petitioners desire appointed as officers of such municipality.
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