IN THE CHANCERY COURT OF LAMAR COUNTY, MISSISSIPPI CIVIL ACTION NO.: CITY OF HATTIESBURG, MISSISSIPPI

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1 IN THE CHANCERY COURT OF LAMAR COUNTY, MISSISSIPPI IN THE MATTER OF THE INCORPORATION OF THE CITY OF BELLEVUE, MISSISSIPPI, BELLEVUE INCORPORATORS VS. CITY OF HATTIESBURG, MISSISSIPPI PETITIONERS CIVIL ACTION NO.: DEFENDANT PETITION FOR INCORPORATION OF THE CITY OF BELLEVUE, MISSISSIPPI COME NOW the inhabitants of the unincorporated territory of City of Bellevue, 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 adult resident citizens of Lamar County, Mississippi. 2. The name of the municipal corporation shall be City of Bellevue, Mississippi. 3. The territory sought to be incorporated is located solely within the boundaries of Lamar County, Mississippi, and an accurate metes and boundaries description of the territory proposed to be incorporated therein is described as follows: Area Proposed to be Incorporated as the City of Bellevue, Mississippi BEGIN at the Northwest (NW) Corner of Section 6, Township 4 North, Range 14 West, and also being the Northeast (NE) Corner of Section 1, Township 4 North, Range 15 West and also being the Southeast (SE) Corner of Section 36, Township 5 North, Range 15 West, Lamar County, Mississippi; Thence S E along the East Boundary of said Section 1, Township 4 North, Range 15 West feet, more or less, to a point on the Northeast Rightof-Way of Old Highway 42; 1

2 Thence Southeasterly along the said East Right-of-Way line of Old Highway 42(a public road) the following bearings and distances: S E feet, S E feet, S E feet, S E feet, S E feet, S E feet, S E feet, S E feet, S E feet, S E feet, S E feet, S E feet; Thence, leaving said East Right-of-Way line of Old Highway 42, run S W feet to the intersection of the West Right-of-Way line of Old Highway 42 and the most Easterly Right-of-Way line of Cole Road (a public road); Thence West and Southwesterly along the said Easterly Right-of-Way line of Cole Road the following bearings and distances: N W feet, S W feet, S W feet, S W feet, S W feet, S W feet, 2

3 S W feet; Thence Southwesterly along the said Easterly right-of-way line of Cole Road 577 feet, more or less, to the intersection of the South boundary of Section 6, Township 4 North, Range 14 West; Thence East along the said South Boundary of Section 6, Township 4 North, Range 14 West to the ½ Section Corner on the South Boundary of Section 6 and the North Boundary of Section 7, Township 4 North, Range 14 West, Lamar County, Mississippi; Thence South along the ½ Section Line of said Section 7, Township 4 North, Range 14 West, to the Southeast (SE) Corner of the NE ¼ of the NW ¼ of said Section 7, Township 4 North, Range 14 West, and also being the Northwest (NW) Corner of Highpointe Subdivision as per map or plat on file in the Lamar County Chancery Clerk s Office; Thence South East along the North Boundary of said Highpointe Subdivision, a distance of feet to the Northeast (NE) Corner of the SW ¼ of the NE ¼ of said Section 7, Township 4 North, Range 14 West, said point being the Northeast (NE) corner of said Highpointe Subdivision ; Thence South West along the East Boundary of the SW ¼ of the NE ¼ of said Section 7, Township 4 North, Range 14 West, and the East Boundary of said Highpointe Subdivision, a distance of feet to the Southeast (SE) Corner of the SW ¼ of the NE ¼ of said Section 7, Township 4 North, Range 14 West; Thence South East along the East Boundary of the NW ¼ of the SE ¼ of said Section 7, Township 4 North, Range 14 West, a distance of feet, more or less, to a point on the east right-of-way of Pompano Drive (a public road) as identified on the map or plat on file in the Lamar County Chancery Clerk s Office entitled Cole s Cove ; Thence running with and along the east right-of-way of said Pompano Drive as follows: South East, a distance of feet to point of curvature; thence feet along the arc of a curve to the right with a radius of feet and a central angle of to a point of tangency; thence South West, feet to a point of curvature; thence feet along the arc of a curve to the left with a radius of feet and a central angle of ; thence feet along 3

4 the arc of a curve to the left with a radius of feet and a central angle of to a point of tangency; thence South East, a distance of feet to a point of curvature; thence feet along the arc of a curve to the left with a radius of feet and a central angle of 62 degrees 00 minutes to a point of tangency; thence North East, a distance of feet, more or less, to a point on the east Right-of-way of Mackeral Drive; Thence running along and with the east right-of-way of Mackeral Drive as follows: South East, a distance of feet, more or less, to a point of curvature; thence feet along the arc of a curve to the left with a radius of feet and a central angle of ; thence feet along the arc of a curve to the right with a radius of feet and a central angle of to a point of tangency; thence South East, a distance of feet, more or less, to the Northwest (NW) Corner of Lot 3 of Lake Serene North dated April 15, 1966 as per map or plat on file in the Lamar County Chancery Clerk s Office; Thence North East along the north boundary of said Lot 3 of said Lake Serene North, a distance of feet, more or less, to the Northeast corner of said Lot 3 and the intersection of Lake Serene North Lake; Thence South East along the Easterly line of said Lot 3, a distance of 68.9 feet, more or less, to the Northwest Corner of Lot 2 of said Lake Serene North ; Thence South East along the common line of said Lots 2 and 3, a distance of feet, more or less, to the north right-of-way of U. S. Highway 98; Thence in a Southerly direction crossing U. S. Highway 98, to a point where the south right-of-way of U. S. Highway 98 intersects with the East line of Lot 88 as per map or plat entitled Unit 1 Revised Lake Serene on file in the Lamar County Chancery Clerk s Office; Thence South West along the said south right-of-way of U. S. Highway 98, a distance of feet to a point on the East line of Lot 86 as per map or plat entitled Unit 1 Revised Lake Serene ; Thence South East along the said East line of Lot 86, a distance of 300 feet, more or less, to the Southeast (SE) Corner of said Lot 86; Thence South West along the south margin of Lots and Lot 78 of said Unit 1 Revised Lake Serene and crossing West Lake Road(a public road) 4

5 and continuing South West along the South line of Lot 14 and Lots 11-3 of said Unit 1 Revised Lake Serene, a total distance of feet to a point on the East Right-of-Way of Cole Road, said point being the Southwest corner of said Lot 3 of Unit 1 Revised Lake Serene ; Thence South East along the said East Right-of-Way of Cole Road, a distance of feet; thence South East along the said East Right-of- Way of Cole Road, a distance of feet; thence South East along the said East Right-of-Way of Cole Road feet to a point being the Southwest (SW) Corner of Lot 23 as per map or plat entitled Unit 1 Revised Lake Serene ; Thence North East along the south line of said Lot 23, a distance of feet to the Northeast (NE) Corner of the SW ¼ of Section 18, Township 4 North, Range 14 West; Thence Southerly along the east line of the said SW ¼ of Section 18, Township 4 North, Range 14 West to the Southeast (SE) Corner of the SW ¼ of said Section 18, Township 4 North, Range 14 West, and also being the Northeast (NE) Corner of the West ½ of Section 19, Township 4 North, Range 14 West; Thence Southerly along the East Boundary of the West ½ of said Section 19, Township 4 North, Range 14 West, to the Southeast (SE) Corner of the West ½ of said Section 19, Township 4 North, Range 14 West; Thence South along the East Boundary of NE ¼ of the NW ¼ of Section 30, Township 4 North, Range 14 West to a point on the South Right-of-way of Old Highway 24 (a public road); Thence Northwesterly along the said South Right-of-Way of Old Highway 24 to a point on the South Line of Section 19, Township 4 North, Range 14 West; Thence Westerly along the South Line of said Section 19, Township 4 North, Range 14 West and along the South Line of Section 24, Township 4 North, Range 15 West to a point on the Southeasterly Right-of-Way of Old Highway 24; Thence Southwesterly along the South Boundary of said Old Highway 24 and running through, over and across a part of Section 25, all of Section 26 and part of Section 27, Township 4 North, Range 15 West to the centerline of Black Creek; Thence Northwesterly along and with the meandering centerline of Black Creek to a point on the North Section Line of said Section 27, Township 4 North, Range 5

6 15 West and also being the South Section Line of Section 22, Township 4 North, Range 15 West; Thence West along the South Section Line of said Section 22, Township 4 North, Range 15 West to the Southwest (SW) Corner of said Section 22, Township 4 North Range 15 West and also being the Southeast (SE) Corner of Section 21, Township 4 North, Range 15 West; Thence West along the South Section Line of said Section 21, Township 4 North, Range 15 West, a distance of feet, more or less, to the Southwest (SW) Corner of said Section 21, Township 4 North, Range 15 West; Thence North along the West Section Line of Said Section 21, Township 4 North, Range 15 West to a point on the South Right-of-Way of U. S. Highway 98; Thence Northeasterly along the South Right-of-Way of U. S. Highway 98 to a point on West boundary of the SE ¼ of the SE ¼ of Section 16, Township 4 North, Range 15 West; Thence North along the West boundary of the said SE ¼ of the SE ¼ of Section 16, Township 4 North, Range 15 West to the Northwest (NW) Corner of the SE ¼ of the SE ¼ of said Section 16, Township 4 North, Range 15 West; Thence East along the North Boundary of the said SE ¼ of the SE ¼ of Section 16, Township 4 North, Range 15 West, a distance of feet, more or less, to the Northeast (NE) Corner of the SE ¼ of the SE ¼ of said Section 16 and the Northwest (NW) Corner of the SW ¼ of the SW ¼ of Section 15, Township 4 North, Range 15 West; Thence East along the North Boundary of the said SW ¼ of the SW ¼ of Section 15, Township 4 North, Range 15 West, a distance of feet, more or less, to the Northeast (NE) Corner of the SW ¼ of the SW ¼ of said Section 15; Thence North along the West Boundary of the NE ¼ of the SW ¼ and the East ½ of the NW ¼ of said Section 15, Township 4 North, Range 15 West, a distance of feet, more or less, to a point on the North line of said Section 15; Thence East along the North Boundary of said Section 15, Township 4 North, Range 15 West, a distance of feet, more or less, to the Northeast (NE) Corner of said Section 15, Township 4 North, Range 15 West, and also being the Southwest (SW) Corner of Section 11, Township 4 North, Range 15 West; 6

7 Thence North along the West Boundary of said Section 11, Township 4 North, Range 15 West, a distance of feet, more or less, to the Southwest (SW) Corner of the NW ¼ of the NW ¼ of said Section 11, Township 4 North, Range 15 West, and also being the Southeast (SE) Corner of the NE ¼ of the NE ¼ of Section 10, Township 4 North, Range 15 West; Thence West along the South Boundary of the North ½ of the NE ¼ of said Section 10, Township 4 North, Range 15 West, a distance of feet, more or less, to the Southwest (SW) Corner of the NW ¼ of the NE ¼ of said Section 10, Township 4 North, Range 15 West; Thence North along the West Boundary of the NW ¼ of the NE ¼ of said Section 10, Township 4 North, Range 15 West, a distance of feet, more or less, to a point on the North Boundary of said Section 10, Township 4 North, Range 15 West and also being the Southwest (SW) Corner of the SW ¼ of the SE ¼ of Section 3, Township 4 North, Range 15 West; Thence North along the West Boundary of the SW ¼ of the SE ¼ of said Section 3, Township 4 North, Range 15 West, a distance of feet, more or less, to the Northwest (NW) Corner of the SW ¼ of the SE ¼ of said Section 3, Township 4 North, Range 15 West; Thence East along the North Boundary of the South ½ of the SE ¼ of said Section 3, Township 4 North, Range 15 West to the northern right-of-way of Refuge Lane (a public road); Thence Northeasterly along the said North right-of-way of Refuge Lane to the West right-of-way line of Mississippi State Highway 589; Thence North to a point on the East right-of-way line of said Mississippi State Highway 589; Thence Northwesterly along the East Right-of-way line of Mississippi State Highway 589 to a point on the North Boundary of the NE ¼ of the SE ¼ of Section 3, Township 4 North, Range 15 West; Thence East along the North Boundary of the NE ¼ of the SE ¼ of said Section 3, Township 4 North, Range 15 West to the Northeast (NE) Corner of the NE ¼ of the SE ¼ of said Section 3 and also being on the West Boundary of Section 2, Township 4 North, Range 15 West; 7

8 Thence North along the West Boundary of said Section 2, Township 4 North, Range 15 West, a distance of feet, more or less, the Northwest (NW) Corner of said Section 2; Thence East along the North Boundary of said Section 2, Township 4 North, Range 15 West, a distance of feet, more or less, to the Northeast (NE) Corner of said Section 2, Township 4 North, Range 15 West and also being the Southwest (SW) Corner of Section 36, Township 5 North, Range 15 West; Thence North along the West Section Line of Section 36, Township 5 North, Range 15 West, a distance of feet, more or less, to the Northwest (NW) Corner of the SW ¼ of the NW ¼ of said Section 36, Township 5 North, Range 15 West; Thence East along the North Boundary of the South ½ of the North ½ of Section 36, Township 5 North, Range 15 West, a distance of feet, more or less, to the Northeast (NE) Corner of the SE ¼ of the NE ¼ of said Section 36, Township 5 North, Range 15 West and also being a point on the East Boundary of said Section 36, Township 5 North, Range 15 West; Thence South along the East Boundary of said Section 36, Township 5 North, Range 15 West, a distance of feet, more or less, to the Southeast (SE) Corner of said Section 36, Township 5 North, Range 15 West and also being the Northeast (NE) Corner of Section 1, Township 4 North, Range 15 West and also being the Northwest (NW) Corner of Section 6, Township 4 North, Range 14 West to the POINT OF BEGINNING; Said area containing 9699 acres, more or less, or 15.2 square miles, more or less. 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 Hattiesburg, Mississippi is a municipal corporation lying within three (3) miles of the proposed area to be incorporated and should be made party defendant to this Petition to Incorporate. 6. The total number of inhabitants of the territory sought to be incorporated is estimated to be approximately 6,226. 8

9 7. The assessed valuation of the real property in such territory is $66,600,471. Such assessment is according to the latest available assessments from the Lamar County, Mississippi, tax assessment rolls. 8. The aims of the Petitioners in seeking the incorporation are as follows: (a) To render municipal level public services, as set forth hereinafter, to the incorporated territory; (b) To enjoy the benefit of self determination by the residents and property owners of the City of Bellevue 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 Bellevue 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. (e) To enact municipal ordinances designed to protect the public health, safety and general welfare of the residents and property owners of the Bellevue community; (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 proposed to be rendered within a reasonable time by the City of Bellevue are: (a) Police Department support (enhancement of public safety and law enforcement); (b) Municipal planning and zoning; 9

10 (c) Building inspections; (d) Code enforcement; (e) Street and right-of-way maintenance on public streets; (f) Street lighting; (g) Animal control; (h) Pest control; (i) Fire Department support (enhancement of existing fire prevention, protection, and defenses); (j) The right to exercise ballot (vote in municipal elections); (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 volunteer fire department; expand the existing facilities and equipment; and implement a Fire Prevention Code. Enhanced fire protection and improvement in classification for such area for insurance purposes will encourage the reduction of premiums of the inhabitants and property owners 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 Lamar County Sheriff s Department which has limited ability and resources to patrol and otherwise protect the area from crime. Through a potential Interlocal Governmental Agreement with the Lamar County Sheriff s Department and/or Lamar County Board of Supervisors and a Police Department of the municipality, additional law enforcement officers will enhance the safety of its inhabitants. 10

11 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 needed. 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; and improve drainage and flooding problems in the area, as needed. 16. The best interest 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 Bellevue would be reasonable, and the public convenience and necessity would be served by the creation of the City of Bellevue because: (a) The quality and adequacy of services provided to the residents of that territory which will become the City of Bellevue 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 Bellevue and the Bellevue community already has a separate identity; 11

12 (d) The unincorporated territory which will become the City of Bellevue already possesses the characteristics of a city; (e) The estimated residential and commercial tax base within the proposed incorporated area would support incorporation; (f) The incorporation of the City of Bellevue would not impair any immediate right vested in or have any detrimental effect on an adjoining city, and the residents of the area proposed for incorporation have taken initial steps toward incorporation; (g) The cost of operating the municipality would be reasonable and would not be prohibitive; (h) The overall welfare of the residents of the territory which will become The City of Bellevue would be improved by incorporation; (i) The incorporation of Bellevue will enhance or improve upon governmental services presently provided to the proposed incorporation area, including the quality and adequacy of such services; (j) As set forth herein, the proposed incorporation of Bellevue takes into consideration services expected from other sources, including water districts, fire districts, and the County; (k) There is a substantial and obvious need justifying incorporation; and (l) There is the presence of churches, civic clubs, and multiple small businesses in the area sought to be incorporated. 17. The Petitioners desire 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 Alderperson Alderperson Alderperson Alderperson John W. Adcock Robert E. Donnell III Brantley Fryfogle Paul McCarthy Patricia H. Nelson 12

13 Alderperson Tim A. Ryan 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 Hattiesburg, Mississippi as a party defendant 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 Bellevue, Mississippi, and that the officers named hereinabove will be named as the first officers of the municipality of the City of Bellevue, Mississippi; and, Petitioners pray for general relief. 13

15 OF COUNSEL: J. Chadwick Mask, MSB #10621 Clifton M. Decker, MSB # CARROLL WARREN & PARKER PLLC 188 E. Capital Street, Suite 1200 (39201) Post Office Box 1005 Jackson, Mississippi Telephone: (601) Facsimile: (601) Jack H. Pittman Benjamin A. Snow PITTMAN LAW FIRM 140 Mayfair Road, Suite 700 (39402) Post Office Drawer Hattiesburg, Mississippi Telephone: (601) Facsimile: (601)

16 EXHIBIT A

Bellevue Proposed Incorporation Area 0 0.175 0.

17 Bellevue Proposed Incorporation Area Miles 1.05 Map is for planning purposes. ¹

ORDINANCE NO. 510 THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS:

ORDINANCE NO. 510 THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: (Published in The Ark Valley News on July, 2012.) ORDINANCE NO. 510 S-I-1 GILMORE & BELL, P.C. 07/11/2012 AN ORDINANCE CREATING A COMMUNITY IMPROVEMENT DISTRICT IN THE CITY OF BEL AIRE, KANSAS; AUTHORIZING