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Alan Hart

From:
Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Thursday, September 24, 2015 8:33 AM
FW: Ridgeland Costco- US Corps# TVG-MVK-2015-422; Public Hearing
2015_09_23_Corps_ Hearing_ Graham_ Constco.pdf; ATTOOOOl..htm

Alan Hart, PLA, ASLA


of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157

PH: (SOl) 856-3877 ext. 1033 F/\X: (601) 8532030


alan.hart@ridgelandms.org
www.ridgelandms.org

h c~tv l>t

Ri DGEtAN D

From: Gene McGee

Sent: Wednesday, September 23, 2015 4:03 PM


To: Alan Hart
Subject: Fwd: Ridgeland Costco- US Corps# TVG-MVK-2015-422;

Public Hearing

Sent from my iPhone


Begin forwarded message:
From: "dow@dowyoder.com" <dow@dowyoder.com>
Date: September 23,2015 at 3:51:51 PM CDT
To: Mayor McGee <Mayor.McGee@ridgelandms.org>, "jmills@pdmd.biz" <jmills@pdmd.biz>
Subject: Ridgeland Costco - US Corps # TVG-MVK-2015-422; Public Hearing

-------- Original Message -------Subject: Ridgeland Costco- US Corps# TVG-MVK-2015-422; Public Hearing
Date: 2015-09-23 15:39
From: dow@dowyoder.com
To: Tarrniko.V.Graham@usace.arrny.mil
Dear Ms. Graham:
1

892

Please use your discretion and authority to hold a public hearing for
the referenced U.S. Army Corps of Engineers permit application.
As a resident and business owner in Ridgeland, Mississippi, I am opposed
to the US Army Corps of Engineers, the Department ofthe Interior, or
any other governmental entity authorizing the development of Costco in
the location proposed by Mayor Gene McGee, as detailed in my attached
letter.
Thank you for your professional courtesies in considering my humble
request.

Dow Yoder

The Dow, PLLC


Post Office Box 1682
Ridgeland, Mississippi 39157
601-850-8488
dow@dowyoder.com

"Fear not... when you walk through the fire, you will not be burned ... "
Isaiah 43
Serving families, the accused, law enforcement, and victims since 1999.

893

The Dow, PLLC


Government Relations and Law Group
dow@dowyoder.com (601) 850-8488 www.dowyoder.com
"Fear not.. when you walk through the fire, you will not be burned... " Isaiah 43

September 23, 2015

Ms. Tarmiko V. Graham


U.S. Army Corps of Engineers
Vicksburg District
4155 Clay Street
Vicksburg. MS 39183-3435

RE:

Tarmiko.V.Graham@usace.army.mil

Proposed Costco development location


Ridgeland, Mississippi
Application No. TVG-MVK-2015-422

Dear Ms. Graham:


Please use your discretion and authority to require a public hearing for the U.S.
Army Corps of Engineers concerning the adverse environmental impact the proposed
Costco development in Ridgeland would have upon adjoining and down-stream wetlands;
the flooding of public property owned and controlled by the U.S. Department of the
Interior; and an inability of the private developer, Andrew Mattiace, to articulate a
reasonable, lawful mitigation plan within the city limits of Ridgeland.
Many species of federal protected wildlife and other living creatures are reportedly
present on the public/ private joint venture, Gene McGee/ Andrew Mattiace proposed
Costco development site referenced in Application No. TVG-MVK-2015-422. A public
hearing would allow public expression of concern from citizens and other stake-holders
advocating that the Corps and other federal agencies enforce all aspects of the Endangered
Species Conservation Act of 1973, consistent with the spirit, and letter of the law.
The proposed d~velopment requires filling and/or excavation of more than 300
linear feet of perennial, intermittent, and/or ephemeral streams, in violation of Section 404
of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. A public
hearing would enable a thorough public debate concerning enforcement of the recent
revisions of the Corps 2008 mitigation rule, 33 C.F.R. Part 332, and recently revised
performance standards for this particular project.
Post Office Box 1682 Ridgeland, Mississippi 39158

Dow Yoder~ serving families, the accused, law enforcement, and victims since 1999

894

Ms. Tarmiko V. Graham


U.S. Army Corps of Engineers

September 23, 2015


Page 2 of2

As a graduate of Mississippi College, I am committed to the preservation of


culturally sensitive, archeological artifacts and burial remains of native, Mississippi
Choctaws. Because of the factual verification of historical, Choctaw, native-American burial
grounds and archeological artifacts, in and around the proposed Costco development site,
any large scale, 'big box,' transient, commercial development adjoining the Natchez Trace
National Park anywhere--- from Natchez, Mississippi, to Nashville, Tennessee, should be
closely scrutinized. The proposed Costco site may violate the Native American Graves
Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3001 et seq., given reports of
previously documented, historical and/or archeological remains and cultural artifacts at
the proposed site location.
As a resident and business owner in Ridgeland, I am opposed to the US Army Corps
of Engineers, the Department of the Interior, or any other governmental entity authorizing
the development ofCostco in the location proposed by Mayor Gene McGee: South of the
Natchez Trace; east of Highland Colony Parkway, and west of 1-55; in the City of Ridgeland,
Mississippi. Likewise, for the reasons expressed in the attached five page article, our
United States Attorney, Mr. Gregory K. Davis, might also consider a formal inquiry.
Thank you for your professional courtesies in considering my humble request for
allowance of a public meeting and for hearing on the US Corps of Engineers Application No.
TVG-MVK-2015-422, relating to the proposed development location of Costco in Ridgeland.

Sincerely,

tst

Dow' 'lotler

cc:
Honorable Gene McGee, Mayor of Ridgeland
Honorable Gregory K. Davis, United States Attorney
Mr. Wyatt Emmerich
enclosure: (as stated)

Post Office Box 1682 Ridgeland, Mississippi 39158

Dow Yoder H. serving families, the accused, law enforcement, and victims since 1999

895

Written by Mac, Colt and Carson Yoder (Ridgeland, Ms.)


Almost 6 years ago, Amy McCullough's article about the Evans Brothers
massive fraud scheme was published in the November issue of the Mississippi
Business Journal. Mississippi Valley Title Insurance Company (MVT) sued
Charles H. Evans Jr. and Jon C. (Chris) Evans, The Evans Firm, and 35 or more
entities that they controlled to further the most extensive mortgage fraud
conspiracy scheme in Mississippi history. The fraud perpetrated on the banks
induced MVT to issue fraudulent title insurance policies.
More than 20 Mississippi banks filed lawsuits against various Evans
entities, and other banks, to perfect and prioritize lien positions on properties
which were the object of the fraud. Some of the property was situated along
Highland Colony Parkway. Whether some of that property is part of the
proposed Costco location near the round-a-bout in Ridgeland has given rise to
spirited debate about ethics and transparency in local government.
On September 2, 2015, at the behest of the Ridgeland mayor, the Board
of Aldermen voted to remove more than 50 citizens from the public meeting
for an "executive session." Alderman Ken Heard explained that no votes would
be taken, but that 'some compromise' might be reached, since the TIF bond
refinancing from the County Line Road Lowe's development is clearly related
to the proposed Costco site development advocated by Andrew Mattaice.
Following the protracted secret meeting a "Mr. Grubbs," from Rankin
County was recognized. Mr. Grubbs explained how, with the help of a bond
lawyer from Butler Snow, almost $2,000,000 in TIF bonds could be refinanced
at a lower interest rate, and at a cost of around $25,000 to taxpayers. Mr.
Grubbs had no idea why the TIF bonds were not paid under the personal
guarantee of Andrew Mattaice, and his defunct LR, LLC. It seemed as if only
the Aldermen and the mayor knew who Mr. Grubbs was, why he was there,
who he represented, or how much money he and Butler Snow will make from
the deal.
Residents of Muirwood and Wendover subdivisions expressed
admiration for Mr. Grubbs' presence, and his courtly, smooth-talking
demeanor, likening him as a modern version of the 'patent medicine' salesman
in The Outlaw Josey Wales.
Another resident asked if Grubbs was related to Cecil McCrory. After
the meeting, Mr. Grubbs was slapping an alderman and the Butler Snow lawyer
on their backs, joking, laughing loudly, and commenting, 'We sure got 'em
tonight!"
Page 1 of 5

896

Steve Maloney, who attended the meeting, asked if the personal


guarantees of Andrew Mattaice for the Lowe's TIF bonds were collateralized
with any security. Ridgeland City Attorney Jerry Mills said Trustmark did not
require collateral for personal guarantees on municipal TIF bond debt. Mr.
Maloney and others at the meeting wondered why Andrew Mattaice would
have voluntarily paid close to $500,000 toward the tax revenue shortfalls on
the Lowe's TIF bond debt if he never had a legal obligation to pay.
Andrew Mattaice could have placed his company LR, LLC in bankruptcy,
or default from day 1, in avoidance of any legal obligation to pay. Instead, the
Ridgeland mayor and his lawyer, Mr. Mills, expect taxpayers to believe
Mattaice acknowledged his private TIF bond debt, and paid $500,000 toward
his personal guarantee. However, the mayor, aldermen, and Mr. Mills also
take an inconsistent position in arguing that Mattaice never owed the money;
that his personal guarantee was meaningless, and that the Board of Aldermen
were within their rights to pay private debt with public taxpayer revenue from
Ridgeland's general fund.
Most people would gladly accept the benefit of cancelled private debt
which a local government offered to pay. Did Andrew Mattaice include the
Ridgeland taxpayer's satisfaction of his personal debt and guarantees related
to the Lowe's TIF bonds on his state and federal income tax returns?
Has Butler Snow ascertained whether conflicted interests may foreclose
their advocacy of the TIF refinancing on behalf of Andrew Mattaice, who
defaulted on his personal guarantee of supplementing the TIF bond shortfalls
until the mayor and Board of Aldermen voted to shift the Mattice bond liability
to Ridgeland taxpayers?
Many Butler Snow clients are adamantly opposed to the Costco
development site location south of the Natchez Trace, between 1-55 and
Highland Colony Parkway. Taxpayers at the public meeting were not advised
whether Butler Snow was retained for bond work, lobbying or other objectives
for Andrew Mattaice, Buster Bailey, and Costco. Taxpayers were not informed
about whether Mr. Grubbs was hired by Gene McGee, or the Madison County
Board of Supervisors.
Bill May questioned the legality of using general fund money to pay for
the Mattaice TIF bond obligations. For several years, Andrew Mattaice paid
almost $500,000 for his development TIF bonds to cover inadequate tax
revenue from the Lowe's development. Despite his personal guarantee, and a
personal guarantee from his Lowe's development, LR, LLC, Andrew Mattaice
reneged, breached, and avoided his financial obligation of paying for any tax
revenue shortfalls.
Page 2 of 5

897

Without payment, those shortfalls would cause a default on payments to


bond holders. Because Ridgeland officials didn't want the City's bond rating to
be destroyed, they voted to shift the personal financial guarantee of Mr.
Mattaice on the TIF bonds to the local taxpayers. Taxpayers are unclear
whether any agreement existed between Mr. Mattaice, Mr. Bailey, or anyone
else to 'settle up' in a subsequent deal---- like the infamous proposed Costco
site by the Natchez Trace.
Jerry Mills, law partner of Madison Municipal Court Judge Dale Danks,
advised that he didn't know if paying for TIF bond debt with general fund tax
revenue was legal. Mills was asked whether the City requested an Attorney
General's opinion, and whether the request for the opinion was subsequently
withdrawn because the opinion didn't tell the mayor and Board of Alderman
what they wanted to hear.
Mr. Mills avoided Mr. May's questions. Like the mayor, Mr. Mills
mumbled mostly incoherent words throughout the entire meeting. Mr. Mills
explained that the mayor and Board of Aldermen don't have time to decide
whether their decisions are legal, because waiting on the Attorney General's
Office to give an opinion might take a few weeks.
So when the Board of Aldermen (induced by the mayor, personal
guarantees of Andrew Mattaice, and Lord only knows what else) voted for
shifting the Mattaice guarantee to the taxpayers for payment of the Lowe's TIF
bond debt through general fund revenues, they did so without any legal
opinion from Jerry Mills, the Ridgeland City attorney, to the mayor or Board of
Aldermen in their official capacities. Mr. Mills simply told them to do as they
pleased- that forgiveness may be granted later, based on an alleged 'mistake,'
or 'misunderstanding,' if it was determined that the Board of Aldermen
illegally misappropriated general tax revenues for a private expense---- a
privately held debt---- privately guaranteed, and paid for several years by
Andrew Mattaice.
On Monday, August 31, 2015, Alderman Ken Heard told the city
attorney, Jerry Mills, that he inquired in August about requested Attorney
General opinion. Heard was advised that the opinion had not been rendered.
However, Heard later learned that Mr. Mills, at the direction of the mayor,
provided false information about the Attorney general opinion. Specifically,
Mr. Heard learned that the AG opinion request had been withdrawn in June of
this year- long before the August inquiry.

Page 3 of 5
898

Mr. Heard continued pressing Mr. Jerry Mills about the withdrawal of
the AG opinion request. Mr. Heard cited the name of the person on record that
made the request for the withdrawal, a partner in Mills' law firm, as well as the
date the withdrawal request was made- June, 2015. Prior to June, no one
believed the AG opinion request was withdrawn. Heard revealed the specifics.
Mr. Mills then remembered the truth. Previously, Mills denied any knowledge
of the AG opinion request being withdrawn. Finally, this past Monday night,
and after repeatedly denying any personal knowledge, Mr. Mills admitted that
Jim Hood personally said that using general tax revenue to pay for private TIF
bond debt was illegal.
Dow Yoder, a former Madison County Assistant District Attorney and
Special Assistant U.S. Attorney, said public officials are routinely investigated,
indicted, and prosecuted for much less in the way of public corruption. A
Ridgeland resident since 1999, Yoder continued, "Private use of public money
is the most common criminal violation of our public trust. Concerning the
Mattaice default on the TIF bonds, the Ridgeland Board of Aldermen can't
legally pay the private debt of Andrew Mattice with public taxpayer funds ---any more than a state employee may lawfully purchase liquor, or tobacco with
a government credit card."
When the television cameras and reporters left, Yoder explained that the
Ridgeland mayor and aldermen had the legal authority to vote, and to make
poor public policy decisions. "Making poor, illogical decisions is not illegal,
but arbitrary and capricious actions may be attacked under constitutional due
process arguments. We have no idea whether any quid pro quos, or agreed
exchanges of consideration, attended any of these unusual decisions. Our
officials may not understand that Jerry Mills does not personally represent
them, and that facts may suggest exposure to criminal and/or civil liability
under Miss. Code Sections 99-7-31 and 99-19-18 for fraud and embezzlement
of public funds. Mayor McGee should read Miss. Code Section 25-4-105, which
addresses prohibited conflicts of interest with public officials in private
business dealings."
Yoder continued, "The Mayor of Terry, Roderick Nicholson, was arrested
in March for five counts of embezzlement of public funds, totaling less than
$3000, for repairs allegedly made on his private vehicle. Why have Ridgeland
officials and others not violated the spirit of the same laws by using taxpayer
funds to pay the private debt of their political crony, Andrew Mattaice?"

Page4 of 5
899

"Did Gene McGee disclose his gift of an $80,000 Cadillac Escalade as


income on his personal income tax returns? Who gave the mayor this $80,000
gift? Andrew Mattaice? Public officials seem to have a free pass on following
the law, for no other reason than political expediency," Yoder said.
"Where is the local District Attorney? The Attorney General? The
deafening silence is only enhanced from the sound of crickets chirping at the
Harbor Walk development, in Ridgeland. Everyone smells rotting flesh in the
woodpile," Yoder commented.
"Electing politicians as prosecutors and judges is bad policy," said Yoder,
continuing, "They insulate their local fiefdoms with politically expedient
decisions. That's their priority. Not fairly and consistently enforcing the law.
Along with strengthening the rights of crime victims, like taxpayers in this
instance, Mississippi needs appointed prosecutors and judges selected by the
Governor, with advice and consent from the Legislature. Transparently good
government, like the enforcement of our criminal laws, should not be
corrupted with politics, and back room, $30,000,000.00, quid pro quo 'deals'."
In an election year, with elected politicians asking for votes, money, and
political support, it's unclear what, if anything, the Attorney General, State
Auditor, or local District Attorney, may do about Ridgeland officials illegally
spending public tax dollars for the defaulted, private debt guarantees of
Andrew Mattaice.
However, the United States Department of Justice, led by United States
Attorney Gregory K. Davis, may inquire whether any federal criminal statutes
were violated between private developers, the Mississippi Development
Authority, and public officials. Mr. Davis may also request an independent
investigation from the Office of the Inspector General of the Department of the
Interior (because the proposed development site adversely impacts the
Natchez Trace, and implicates U.S. Corps of Engineers Application No. TVGMVK-2015-422; the Endangered Species Conservation Act of 1973; the Clean
Water Act; and the Native American Graves Protection and Repatriation Act.

If Mr. Davis believes the law warrants his involvement, he has standing
to take action concerning the proposed Costco development, on behalf of the
United States of America.

Page 5 of 5
900

Alan Hart
From:

Sent:
Subject:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, May 01, 2015 9:22 AM
RE: Proposed Amendment to Zoning Ordinance

Here is my proposed language. I would like your comments before I send to Santa Claus for review. Although you are
fully aware, it is important for me to mention that this language has not been approved by the Mayor and Board and will
be subject to a public hearing, if they decide to consider it.

Replace the Section 21 "Service Station" Definition with the following language: Service Station: Any area
of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel,
ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include
incidental services such as facilities for lubricating, washing (either automatic or by hand), and cleaning, or
otherwise servicing automobiles and light trucks. This term does not include the painting or major repair of
vehicles.
Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development that contains at least one retail/wholesale occupant
exceeding 125,000 square feet of heated and cooled space for the indoor display and sale of goods, a site with a
minimum of 15 acres, access to an Arterial Street, and approved by the Mayor and Board of Aldermen which
may or may not include conditions. Large Master Planned Commercial Developments may include any of the
uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru
ATM's, and other banking facilities; Food product and carry-out and delivery stores, laundry and dry cleaning
pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a
drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen not
exceeding 15,000 square feet.
This amendment exceeds the singular scope of Santa Claus, and it is designed to address additional uses at multiple
locations and future potential projects.

Alan Hart, PlA, ASlA


Director

304
PH: {601) 8.56 3877 ext 1033 FAX:
alan.hart@ridgelandms.org
www.ridgelandms.org

) 8.53 2030

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Friday, May 01, 2015 6:59 AM


1

901

To: Alan Hart

Subject: Proposed Amendment to Zoning Ordinance


Please send me a copy of the proposed Amendment to the Zoning Ordinance when it is available. Thanks.

J()NES

\XTALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

902

Alan Hart
From:

Sent:
Subject:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, May 01, 2015 2:54 PM
RE: Proposed Amendment to Zoning Ordinance

Mark,
One other critical point that I left out was that I will be recommending that we place "Large Master Planned Commercial
Development" as a Permitted Use in C-2.

Alan Hart, PlA, ASlA


Director
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, NIS 39157
PH: (601) 856--3877 ext 1033 FAX: (601) 853~2030
alan.hart@ridgelandms.org
www.ridgelandms.org

From: Alan Hart


Sent: Friday, May 01, 2015 9:22AM
To: 'Davis, Mark'
Subject: RE: Proposed Amendment to Zoning Ordinance
Here is my proposed language. I would like your comments before I send to Santa Claus for review. Although you are
fully aware, it is important for me to mention that this language has not been approved by the Mayor and Board and will
be subject to a public hearing, if they decide to consider it.

Replace the Section 21 "Service Station" Definition with the following language: Service Station: Any area
of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel,
ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include
incidental services such as facilities for lubricating, washing (either automatic or by hand), and cleaning, or
otherwise servicing automobiles and light trucks. This term does not include the painting or major repair of
vehicles.
Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development that contains at least one retail/wholesale occupant
exceeding 125,000 square feet of heated and cooled space for the indoor display and sale of goods, a site with a
minimum of 15 acres, access to an Arterial Street, and approved by the Mayor and Board of Aldermen which
may or may not include conditions. Large Master Planned Commercial Developments may include any of the
uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru
ATM's, and other banking facilities; Food product and carry-out and delivery stores, laundry and dry cleaning
pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a
1

903

drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen not
exceeding 15,000 square feet.
This amendment exceeds the singular scope of Santa Claus, and it is designed to address additional uses at multiple
locations and future potential projects.

Alan Hart, PLA, ASLA


Director of
P.O. Box 217 Hidgeland, MS 391.58
304 Highway 51 Hidgeland, NIS 39157
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alan.hart@ridgelandms.org
www.ridgelandms.org

From: Davis, Mark [mailto:markdavis@joneswalker.com]


Sent: Friday, May 01, 2015 6:59 AM
To: Alan Hart
Subject: Proposed Amendment to Zoning Ordinance
Please send me a copy of the proposed Amendment to the Zoning Ordinance when it is available. Thanks.

JONES
,, r. K..
W

f).

..

.
E-~I')

"'

Mark T. Davis

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

904

Alan Hart
From:

Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Wednesday, May 06, 2015 8:07 AM
RE: Proposed revisions to proposed Amendment to Zoning Ordinance
06-02-15 Zoning Amendment- C2.docx

The Mayor and Board approved the attached Amendment for consideration at the June 2, 2015 Board Meeting. I will be
sending the Notice to the paper tomorrow. Please offer this information to Santa Claus and explain the amendment
language.

Alan Hart, PLA, ASLA


Director
P.O. Box 217 Hldgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext 1033 FAX: (601) 8532030
alan.hart@ridgelandms.org
www.ridgelandms.org

From: Davis, Mark [mailto:markdavis@joneswalker.com]


Sent: Tuesday, May 05, 2015 4:08 PM
To: Alan Hart
Cc: andrew@mattiace.com
Subject: Proposed revisions to proposed Amendment to Zoning Ordinance
Andrew and I discussed your draft of the proposed amendments to Zoning Ordinance. I can report the following:

Replace the Section 21 "Service Station" Definition. Your proposed language is acceptable for the new definition ..
Add to Section 21 Definitions the following definition: Large Master Planned Commercial Development:
Any large commercial development consisting of a group of one ( 1) or more contiguous separately owned or
ground leased tracts or parcels that contain, among the group of tracts or parcels, at least one building for
occupancy for retail/wholesale purposes exceeding 100,000 square feet of heated and cooled space for the
indoor display and sale of goods, a site with a minimum of 15 contiguous acres, access to an Arterial Street, and
approved by the Mayor and Board of Aldermen which may or may not include conditions. Large Master
Planned Commercial Developments may include any of the uses permitted in the underlying Zoning District as
well as Service Stations; Banks, branch banks, drive-thru ATM's, and other banking facilities; Food product
and carry-out and delivery stores, laundry and dry cleaning pickup stations; Fast Food Restaurant with drivethru; Fast Casual Restaurant with drive-thru; Pharmacy with a drive-thru; and outdoor display of goods in
designated areas approved by the Mayor and Board of Aldermen in one ( 1) or more locations not exceeding an
aggregate of 15,000 square feet.
1

905

As you mentioned, the following needs to be added to Section 410.02.:


M. Large Master Planned Commercial Development
I have one question about the C-2 classification. Does "Maximum Lot Coverage" limit parking improvements or just
building improvements?
I'll be glad to explain our thinking in regard to the new language. Please give me a call if you want to discuss it.

Mark T. Davis

JONES
WALKER

Partner
Jones Walker LLP

D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

906

ORDINANCE AMENDING THE SECTIONS 21 AND 410


OF THE OFFICIAL ZONING ORDINANCE,
OF THE CITY OF RIDGELAND, MISSISSIPPI

WHEREAS, the Mayor and Board of Aldermen ofthe City of Ridgeland, Mississippi
did lawfully adopt a Zoning Ordinance on February 4, 2014 after proper notice and a public
hearing; and
WHEREAS, the Mayor and Board of Aldermen of the City of Ridgeland, Mississippi
did lawfully adopt a Zoning Ordinance Amendment on February 3, 2015 after proper notice and
a public hearing; and
WHEREAS, additional development trends of a certain commercial use has resulted in
the need to consider appropriate regulations and restrictions; and
NOW THEREFORE BE IT RESOLVED, the Mayor and Board of Aldermen adopt the
following sections as amendments to the Official Zoning Ordinance ofthe City of Ridgeland,
Mississippi by amending the following sections:
Section 1

Replace the Section 21 "Service Station" Definition with the following language: Service
Station: Any area of land, including the structure thereon, which is used primarily for the retail
sale of gasoline, diesel fuel, ethanol, oil, propane, other fuels, and/or the sale or installation of
automobile accessories and may also include incidental services such as facilities for lubricating,
washing (either automatic or by hand), and cleaning, or otherwise servicing automobiles and
light trucks. This term does not include the painting or major repair of vehicles.
Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development consisting of a group of one ( 1) or more
contiguous separately owned or ground leased tracts or parcels that contain, among the group of
tracts or parcels, at least one building for occupancy for retail/wholesale purposes exceeding
100,000 square feet of heated and cooled space for the indoor display and sale of goods, a site
with a minimum of 15 contiguous acres, access to an Arterial Street, and approved by the Mayor
and Board of Aldermen which may or may not include conditions. Large Master Planned
Commercial Developments may include any ofthe uses permitted in the underlying Zoning
District as well as Service Stations; Banks, branch banks, drive-thru ATM's, and other banking
facilities; Food product and carry-out and delivery stores, laundry and dry cleaning pickup
stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy
with a drive-thru; and outdoor display of goods in designated areas approved by the Mayor and
Board of Aldermen in one (1) or more locations not exceeding an aggregate of 15,000 square
feet.

907

Section 2
Add Section 410.02.M. Large Master Planned Commercial Development

Section 3
. The City of Ridgeland, Mississippi, Zoning Ordinance and Code of Ordinances is hereby
amended to reflect the foregoing changes from and after thirty (30) days from the date of the
adoption by the Board.
SO ORDAINED by the Mayor and Board of Aldermen ofthe City of Ridgeland, Mississippi at
a meeting thereof held on the 2nd day of June, 2015.

The ordinance, having been first reduced to writing, was offered for adoption by Alderman
_ _ _ _ _ _ _ _ _ _ _ and seconded by Alderman
and
submitted to the Board of Aldermen for passing or rejection on roll call vote with the following
results:
Alderman Ken Heard (Ward 1) voted:
Alderman Chuck Gautier (Ward 2) voted:
Alderman Kevin Holder (Ward 3) voted:
Alderman Brian Ramsey (Ward 4) voted:
Alderman Scott Jones (Ward 5) voted:
Alderman Wesley Hamlin (Ward 6) voted:
Alderman D. I. Smith (At-large) voted:
WHEREUPON, the Mayor declared the Motion had carried and the Ordinance adopted this the
2nd day of June, 2015.

Gene F. McGee, Mayor


City of Ridgeland, Mississippi
ATTEST:

Paula Tierce, City Clerk


[SEAL]

908

Alan Hart
Alan Hart <Aian.Hart@Ridgelandms.org>
Monday, July 20, 2015 4:54 PM
Renaissance Phase 3

From:

Sent:
Subject:

Danny I Chuck,
Pursuant to our conversation today, please include the following items on the Site Plan:

1.

Parking Adjustment: Pursuant to Section 37.02.D, approval of this Site Plan includes a parking adjustment to the
drive aisle width. The minimum drive aisle width shall be reduced to 25 feet wide where parking spaces on one
or more sides of the aisle are 10 feet x 20 feet.
2. Large Master Planned Commercial Development: Approval of this Site Plan shall declare Renaissance Phase 3 as
a Large Master Planned Commercial Development as defined by the Official Zoning Ordinance.
3. Private Easements: All private sanitary sewer, private storm sewer, private water lines shall be reserved for the
enjoyment of all owners within the Renaissance Phase 3 development and shall fall within easements
appropriate to ensure proper installation and maintenance.
4. Shared Parking: All parking spaces within the development shall be considered shared for the purposes of
calculating required parking spaces.

Thanks,

Alan Hart, PLA, ASLA


Director

Community Development

P.O. Box 217 Ridgeland, MS 39158


304 Highway 51 FUdgeland, IVlS 39157
PH: (601) 856 3877 ext. 1033 FAX: (601) 853 2.030
alan.hart@ridgelandms.org
www.ridgelandms.org
1h

.:~tv ot

Rl DGElAN D

909

Alan Hart
From:
Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Monday, August 03, 2015 9:17AM
FW: Renaissance Parking
Exhibit H.pdf

Here is the Exhibit from the minutes regarding the parking variance issued to the original Renaissance Master Planned
area.

Alan Hart, PlA, ASLA


Community
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: {60:1) 856-3877 ext. 1033 FAX: (601) 8532030
alan.hart@ridgelandms.org
www.ridgelandms.org
lt>Hitrot

RIDGElAND

From: Matt Dodd

Sent: Monday, August 03, 2015 9:16AM


To: Alan Hart

Subject: Renaissance Parking


Here is the parking variance. The building height variances were granted at later dates but are discussed in the memo.

Matthew Dodd, PlA, ASlA


City Planner
Comn1w1ity Development
P.O. Box 217 Ridgeland, IVlS 39158
304 Highway 51 Ridgeland/ 1\11S 39157

60Ul56.3877 ext. 1058

tttcllyQt

RIDGELAND

910

000452 }1

ORDER
It is ordered that it be spread upon the minutes of the City of Ridgeland that the
Mayor and Board of Aldermen accepted the recommendations ofthe Public Works
Department and the Community Development Department and approved a site plan for
Renaissance at Colony Park with.variances. Copies of documents related to this matter
are attached hereto as Exhibit "H"

1-

911

. City

ofrudgM;riJ

Community Development

ooo45a F.
lVIElVI<.>R..A.NI>UlVI

Post Office Box 217


304 Highway 51
Ridgeland, Mississippi 39158
601.856.3877
www.ridgelandms.org

To:

Mayor and Board of Aldermen

From: Alan Hart, Director


Community Development Department

/fA(/~

/fVJ

Mike McCollum, Director


Public Works Department

Date: May 10, 2006


Re:

Site Plan Review:

RENAISSANCE AT COLONY PARK (VARIANCES


REQUESTED)

Gene F. McGee
Mayor

Alan Hart. ASLA


Director of Community
Development

Board of Aldermen
Ken Heard. Ward I
Chuck Gautier; Ward 2
Kevin Holder. Ward 3
Larry Roberts, Ward 4
Scott Jones, Ward 5
Linda S. Davis, Ward 6

We recommend that the Mayor and Board of Aldermen approve the


above referenced site/architectural plans contingent upon approval of the
stated variances. The Community Development and Public Works
Departments have reviewed the above referenced site/architectural plans.
The site/architectural plans were reviewed to include but not limited to
the following: land use, open space, ingress, egress, building setbacks,
building area, building height, lot area, parking, drainage, traffic impact,
landscaping, and water and sewer utilities as established in the City of
Ridgeland Development Review Procedures.
The following list represents the requested variances:
1. The Applicant requests a Dimensional Variance for Building
Height to a maximum of Eight Stories for the Hotel, 200
Renaissance, and 300 Renaissance. (Reference Exhibit 'A')
2. The Applicant requests a Variance for Alcohol Service within
close proximity to a School Zone. (Locations Identified on
Exhibit 'B')
3. The Applicant requests a Conditional Use Permit to reduce the
Parking Requirements from 3,136 per City of Ridgeland Code to
2,482 spaces. This Permit would reduce the parking
requirements by 654 parking spaces. Based on the ICSC parking
recommendations, the Applicant has declared that the parking
spaces as provided on the site plan are only 19 spaces short of
that recommendation. (Reference Exhibit 'C')

Gerald Steen. At-Large


Mayor Pro Tempore

RIDGELAND

I
I
i

912

ooo454A
Sign Variances will be requested at a 1a1er date. Each building project
WiiF&:brought'before the Archltecturat"':Ri:iviewBofu.d prior to
submission to the Mayor and Board of Aldermen for final approval.

The Community Development and Public Works Departments will


review each set of construction plans, contractor licenses, and collect all
fees before building permits are issued. Thank you for your
consideration in this matter. Please contact me if you have any
questions.
Should you have any questions, please feel free to contact either of us.
Thank you for your consideration of this matter.

913

r---

~
o

eo-.
~-

VARIANCES
\;..:

~~:~j3

ZONING

"'"'

;;:r

BUILDING HEIGHT VARIANCE


200 Renaissance to 8 stories maximum
Hotel to 8 stories maximum

300 RENAISSANCE PREVIOUSLY


APPROVED TO 8 STORIES MAXIMU

HOTEL TO 8 STORIES MAXIMUM


200 RENAISSANCE TO 8 STORIES MAXIMUM

tn
)(
I

).

iii

,e!EI

914

aa

..

Sill

VARIANCES

LESS THAN S~ET FROM


ST. A~DR~SCHOOL

:IT. ANOACW..S. :O:tiQCh..

~ ?!'i~

ZONING
BUILDING HEIGHT VARIANCE

200 Renaissance to 8 stories maximum

Hotel to 8 stories maximum

:~~;~.:c~

-~~.'"::>\

Alcohol Service
Adjacency of stores to St. Andrew's School

.~ / ....

-----

RESTAURANTS SERVING
ALCOHOL
GROCERY SELLING ALCOHOL
WINE STORE SELLING
ALCOHOL

rn
'){

0
0

-o
~

., CJl

"'

::J:
~

=i

\JO

__L
915

0
0
0

Ul ...
~

PARKING CALCULATIONS

)::{

CALCULATIONS USING REQUESTED VARIANCE

CALCULATIONS USING EXISTING CITY OF RIDGELAND


REQUIREMENTS

RETAIL, RESTAURANTS AND ENTERTAINMENT

RETAIL, RESTAURANTS AND ENTERTAINMENT

2,300

SPACES REQUIRED USING ICSC RECOMMENDED RATIO

OFFICE SPACE

201
2,501

TOTAL PARKING SPACES REQUIRED

SURFACE PARKING

2,182
2 LEVELS

@'

300

TOTAL AVAILABLE

2.482

(SPACES LACKING

19)

(NOTE: THE PARKING GARAGE CAN.ACCOMMODATE


+I 150 CARS PER LEVEL. CURRENTLY, ONLY TWO
LEVELS OF THE GARAGE ARE PLANNED TO BE
BUILT. HOWEVER, THE FOUNDATION WILL BE
DESIGNED AND BUILTTOACCOMMODATEATOTAL
OF 5 LEVELS. THIS WILL ADD AN ADDITIONAL450
SPACES, FOR A TOTAL OF 750 SPACES IN THE
PARKING GARAGE.)

151

SPACES REQUIRED USING CITY OF RIDGELAND REQUIREMENTS

TOTAL PARKING SPACES REQUIRED

201
3,136

~!,":~

AVAILABLE PARKING
PARKING~

2,935

OFFICE SPACE

SPACES REQUIRED USING CITY OF RIDGELAND REQUIREMENTS

GARAGE

SPACES REQUIRED USING CITY OF RIDGELAND REQUIREMENTS

E!i!i

:r

--.

Q'
I:

:j

['

916

917

Alan Hart
From:

Davis, Mark <markdavis@joneswalker.com>


Friday, May 01, 2015 5:12 PM
RE: Proposed Amendment to Zoning Ordinance

Sent:
Subject:

I saw that and assumed that you were. I made a few tweaks that I need to go over with Andrew. I'm trying to tie him
down long enough to do so.

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]


Sent: Friday, May 01, 2015 2:54 PM
To: Davis, Mark
Subject: RE: Proposed Amendment to Zoning Ordinance
Mark,
One other critical point that I left out was that I will be recommending that we place "Large Master Planned Commercial
Development" as a Permitted Use in C-2.

Alan Hart, PLA, ASLA


Director Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 8563877 ext. 1033 FAX: (601) 853 2030
alan.hart@ridgelandms.org
www .ridge Ia ndms.org
tn .. c~tv~J.t

RIDGElAND

From: Alan Hart


Sent: Friday, May 01, 2015 9:22AM
To: 'Davis, Mark'
Subject: RE: Proposed Amendment to Zoning Ordinance
Here is my proposed language. I would like your comments before I send to Santa Claus for review. Although you are
fully aware, it is important for me to mention that this language has not been approved by the Mayor and Board and will
be subject to a public hearing, if they decide to consider it.

Replace the Section 21 "Service Station" Definition with the following language: Service Station: Any area
of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel,
ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include
incidental services such as facilities for lubricating, washing (either automatic or by hand), and cleaning, or
otherwise servicing automobiles and light trucks. This term does not include the painting or major repair of
vehicles.
1

918

Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development that contains at least one retail/wholesale occupant
exceeding 125,000 square feet of heated and cooled space for the indoor display and sale of goods, a site with a
minimum of 15 acres, access to an Arterial Street, and approved by the Mayor and Board of Aldermen which
may or may not include conditions. Large Master Planned Commercial Developments may include any of the
uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru
ATM's, and other banking facilities; Food product and carry-out and delivery stores, laundry and dry cleaning
pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a
drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen not
exceeding 15,000 square feet.
This amendment exceeds the singular scope of Santa Claus, and it is designed to address additional uses at multiple
locations and future potential projects.

Alan Hart, PLA, ASLA


Director of Community Development
PJ). Box 217 Ridgeland, IV!S 39158
304 Highway 51 Ridgeland, IV!S 391.57
PH: (601) 856 3877 ext. 1033 FAX: (601) 853 2030
alan.hart@ridgelandms.org
www .ridgelandms.org
Hut

c:~t~ o!

RIDGElAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]


Sent: Friday, May 01, 2015 6:59 AM
To: Alan Hart
Subject: Proposed Amendment to Zoning Ordinance
Please send me a copy of the proposed Amendment to the Zoning Ordinance when it is available. Thanks.

JONES
\X!ALKER

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

919

Alan Hart
From:

Sent:
Subject:

Davis, Mark < markdavis@joneswalker.com >


Tuesday, May 05, 2015 4:08 PM
Proposed revisions to proposed Amendment to Zoning Ordinance

Andrew and I discussed your draft of the proposed amendments to Zoning Ordinance. I can report the following:

Replace the Section 21 "Service Station" Definition. Your proposed language is acceptable for the new definition ..
Add to Section 21 Definitions the following definition: Large Master Planned Commercial Development:
Any large commercial development consisting of a group of one (1) or more contiguous separately owned or
ground leased tracts or parcels that contain, among the group of tracts or parcels, at least one building for
occupancy for retail/wholesale purposes exceeding 100,000 square feet of heated and cooled space for the
indoor display and sale of goods, a site with a minimum of 15 contiguous acres, access to an Arterial Street, and
approved by the Mayor and Board of Aldermen which may or may not include conditions. Large Master
Planned Commercial Developments may include any of the uses permitted in the underlying Zoning District as
well as Service Stations; Banks, branch banks, drive-thru ATM's, and other banking facilities; Food product
and carry-out and delivery stores, laundry and dry cleaning pickup stations; Fast Food Restaurant with drivethru; Fast Casual Restaurant with drive-thru; Pharmacy with a drive-thru; and outdoor display of goods in
designated areas approved by the Mayor and Board of Aldermen in one ( 1) or more locations not exceeding an
aggregate of 15,000 square feet.
As you mentioned, the following needs to be added to Section 410.02.:
M. Large Master Planned Commercial Development
I have one question about the C-2 classification. Does "Maximum Lot Coverage" limit parking improvements or just
building improvements?
I'll be glad to explain our thinking in regard to the new language. Please give me a call if you want to discuss it.

JONEsB
\VALKER.

Mark T. Davis

Partner
Jones Walker LLP

D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

920

Alan Hart
From:

Davis, Mark < markdavis@joneswalker.com>


Wednesday, May 06, 2015 1:14 PM
RE: Proposed revisions to proposed Amendment to Zoning Ordinance

Sent:
Subject:

Will do. Thanks.

JC)NES.
\XlALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Wednesday, May 06, 2015 8:07 AM


To: Davis, Mark
Cc: andrew@mattiace.com
Subject: RE: Proposed revisions to proposed Amendment to Zoning Ordinance
The Mayor and Board approved the attached Amendment for consideration at the June 2, 2015 Board Meeting. I will be
sending the Notice to the paper tomorrow. Please offer this information to Santa Claus and explain the amendment
language.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 2J.7 Ridgeland, MS 39158
304 Highway SJ Ridgelilnd, MS 39157
PH: (601) 856 3877 ext 1033 F!-\X: (601) 853 2030
alan.hart@ridgelandms.org
www.ridgelandms.org
lhdtvo!

RIDGElAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Tuesday, May 05, 2015 4:08 PM


To: Alan Hart
Cc: andrew@mattiace.com
Subject: Proposed revisions to proposed Amendment to Zoning Ordinance
Andrew and I discussed your draft of the proposed amendments to Zoning Ordinance. I can report the following:
Replace the Section 21 "Service Station" Definition. Your proposed language is acceptable for the new definition ..
1

921

Add to Section 21 Definitions the following definition: Large Master Planned Commercial Development:
Any large commercial development consisting of a group of one ( 1) or more contiguous separately owned or
ground leased tracts or parcels that contain, among the group of tracts or parcels, at least one building for
occupancy for retail/wholesale purposes exceeding 100,000 square feet of heated and cooled space for the
indoor display and sale of goods, a site with a minimum of 15 contiguous acres, access to an Arterial Street, and
approved by the Mayor and Board of Aldermen which may or may not include conditions. Large Master
Planned Commercial Developments may include any of the uses permitted in the underlying Zoning District as
well as Service Stations; Banks, branch banks, drive-thru ATM's, and other banking facilities; Food product
and carry-out and delivery stores, laundry and dry cleaning pickup stations; Fast Food Restaurant with drivethru; Fast Casual Restaurant with drive-thru; Pharmacy with a drive-thru; and outdoor display of goods in
designated areas approved by the Mayor and Board of Aldermen in one (1) or more locations not exceeding an
aggregate of 15,000 square feet.
As you mentioned, the following needs to be added to Section 410.02.:
M. Large Master Planned Commercial Development
I have one question about the C-2 classification. Does "Maximum Lot Coverage" limit parking improvements or just
building improvements?
I'll be glad to explain our thinking in regard to the new language. Please give me a call if you want to discuss it.

JO.~ES 7
WALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

922

Alan Hart
From:

Sent:
Subject:

Alan Hart <Aian.Hart@Ridgelandms.org>


Thursday, February 12, 2015 9:26 PM
Re: Project Santa Claus

Thanks Andrew.
Sent from my iPhone
On Feb 12, 2015, at 7:39 PM, Andrew Mattiace <Andrew@mattiace.com> wrote:

Chuck,
The information looks good and ready to send to Terry Lovelace.
I have also attached a more accurate site plan prepared by Dean and Dean.
Thanks
Andrew Mattiace
President

MATTIACE
Real Estate Development, Management and Brokerage

125 South Congress Street


Suite 1800
Jackson, MS 39201
Phone: 601.352.1818
Fax: 601.352.1820
andrew@mattiace.com
www.mattiace.com

From: Chuck Lott [mailto:chuck.lott@neel-schaffer.com]

Sent: Thursday, February 12, 2015 4:51 PM


To: Andrew Mattiace

Cc: Keith O'Keefe


Subject: Project Santa Claus
Andrew,
Attached is a proposed site plan with Finished Floor Elevations "penciled in" for each
building/outparcel. Before I sent this over to Terry Lovelace I wanted to get your thoughts and
blessing. Also attached is the proposed site plan that has been overlaid on the Ridgeland topographic
information (it is not exact but it will work for this exercise). An aerial photograph the Matt Dodd sent
me with the contours on it is also attached although it is hard to read.
Please let me know if you are OK with sending this information to Terry so that he can start work on the
determining your earthwork budget.
Chuck
1

Chuck Lott, P.E.


Senior Engineer Manager and Vice President
1022 Highland Colony Parkway, Suite 202
Ridgeland, MS 39157
P. 0. Box 22625
Jackson, MS 39225-2625
P. 601.898.3358
F. 601.898.8485
www.neel-schaffer.com

Neei-Schaffer, Inc. Confidentiality Note:

informution contuined in this rnessoQe u!onq with any aum:hment(s) may /Je confidentiol and protected by legal
privffeQe. This message is meant solely for the use of the fndiviclual(s) to whom it is addressed. Viewing or the use of
information and attochment(s) within this rnessoge without the expressed pennission of Nee!Sciwfj'el; Inc. is

prohibited. If you ore not the intended recipient of this message, Neek')clwffer/ Inc requests you take immediate
action to notify the sender of the error and that you delete this message ancf all attachments without modifying,
copying or distributing its content.

<North Pole Site Plan.pdf>


<doc05213920150212164144.pdf>
<Aerial_02-12-15. pdf>
<Site Plan_02-12-15.pdf>

923

924

Alan Hart
Alan Hart <Aian.Hart@Ridgelandms.org>
Monday, March 30, 2015 11:22 AM
FW: Letter re development
Alan Hart ltr re Highland Colony dev.. pdf

From:

Sent:
Subject:
Attachments:

FYI- Per Senator Horhn's request, please see the attached letter declaring that the extension of Lake Harbour Drive is a
necessary condition of the contract for Project Santa Claus. The developer worked through his Registered Agent in
order to preserve confidentiality.
Thanks,

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
1tw dtv ol

Rl DGElAN D

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Monday, March 30, 2015 10:23 AM


To: Alan Hart
Subject: Letter re development
Letter redevelopment conditions is attached.

Mark T. Davis

JONES
\VALKER
M

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

925
190 EAST CAPITOL STREET, SUITE 800
(39201)
P.O. Box 427
jACKSON, MISSISSIPPI 39205-0427
601-949-4900
FAX 601-949-4804
www.joneswalker.com

JONES~-/
WALKER

Mark T. Davis
Direct Dial: 601-949-4909
Direct Pax: 601-949-4649
markdavis@jonesw-alkcc.com

March 30, 2015


Via e-mail and U.S. Mail
Mr. Alan Hart
Director of Community Development
City of Ridgeland
Post Office Box 217
Ridgeland, MS 39158
Re:

Retail development- East side of Highland Colony Parkway, Ridgeland, MS

Dear Mr. Hart:


Thank you for your assistance and cooperation regarding the development of my client's
anchor retail store on the referenced property. The following list includes some of the conditions
precedent for the retailer and the development:

Extension of Lake Harbour Drive from Highway 51 across I-55 to Highland Colony
Parkway
A full service traffic signal for the development at a location to be mutually determined

We look forward to working with you on this project. Please call me if you have any
questions.
Very truly yours,
JONES WALKER LLP

rtf-~'
Mark T. Davis
MTD/mdh

{JXI50973.1}
JoNES 'WALKER

LLP

Ar..ABAMI\ ARIZONA CALifORNIA DISTRICTOPCOLUMB!A FLORJDil GEORGIA LOUISIANA MISSISSJPI'I NEW YORK' OHIO

TEXAS

926

Alan Hart
Al;m Hart <Aian.Hart@Ridgelandms.org>
Su.1day, Julj 12, 2015 11:58 AM
Fwd: Project Santa Claus

From:

Sent:
Subject:

Fyi.
Sent from my iPhone
Begin forwarded message:
From: Gene McGee <Mayor.McGee@Ridgelandms.org>
Date: July 12, 2015 at 11:50:43 AM CDT
To: "Venable, Daniel" <dan@northwestatlantic.com>
Subject: RE: Project Santa Claus

Daniell am going to be out of the office Monday and Tuesday having a medical procedure and will be in
deposition preparing on Wednesday, so I wanted to go ahead and send you information today and get
you more information at the end of the week. First of all right of way acquisition is going very well and in
fact should be completed in 30 to 60 days. Plans are complete for the most part except for a few
changes at the railroad which should be done within a week or two. Financing is complete so that is not
a problem. Some utilities have to be relocated and will be completed as soon as the ROW is finished. I
expect to have the project ready to bid by the end of 2015 or early 2016. As you know the total
construction to completion is 18 months, I expect to cut a ribbon on the road by mid-2017.
As you know the city of Ridgeland is committed to getting this project done and is investing a large
amount of capital to do so. We have a reputation for getting the job done and this case is no different.
Thanks for working with us. We look forward to the completion of our project as well as yours.
Gene F. McGee, CMO
Mayor

City of Ridgeland
P.O. Box Zl7 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
601.856.7113 PXL 1013 Fax 601_856. 781.9
ma~or.mcgee@ridgelandms.org

www.ridgelandms.org
1he oitv ol

Rl DGEtAN D

From: Venable, Daniel [mailto:dan@northwestatlantic.com]


Sent: Friday, July 10, 2015 10:47 AM
To: Gene McGee
Cc: Alan Hart; Jeff Kimbrell; Justin Davis
Subject: Project Santa Claus
1

927
Mayor McGee,
I hope you are doing well and having a good summer. We continue making progress on project Santa
Claus, and I will be at our corporate offices in a 10 days to provide an update to our senior
management. Can you provide me with an update on the status of the Lake Harbour Drive extension
over to Highland Colony Road?
Clearly, the completion of this road project is important in our decision making to move forward on this
transaction. Specifically, I am looking for something that resembles a project schedule that lists all of
the major milestones including: financing, completion of engineering plans, acquisition of all rights-ofway, ground-break, various construction milestones and completion date.
Thank you for your help with this, and we look forward to continuing to work with you.
Dan Venable

From: Gene McGee [mailto:Mayor.McGee@Ridgelandms.org]

Sent: Wednesday, November 05, 2014 5:24 PM


To: Venable, Daniel
Subject: Visit
Dan
It was a pleasure to meet with you all today. Please know that we stand ready to work with you to
successfully locate Costco to The City of Ridgeland. Our staff will bend over backwards to assist you with
all your needs. I look forward to meeting with you all again soon, in the meantime if we can provide you
with any information that will help in making your decision, please let us know.
Again thank you for granting us time out of your busy schedule.

Gene F. McGee, CMO


Mayor

City of Ridgeland
P.O. Box 217 Ridgeland, MS 391.58
304 Highway 51 Ridgeland, MS 39157
601.856.7113 ext. 1013 Fax 601.856.7819
mayor.mcgee@ridgelandms.org
www.ridgelandms.org

lh~~>dtv<>t

RIDGElAND

928

Alan Hart
From:

Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Wednesday, July 15, 2015 10:13 AM
FW: Santa
AutoTurn_07-13-15 Model (1).pdf

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856--3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
111ft

t:ltr o!

RI DG ELAN D

From: Deniese Wright [mailto:dwright@mattiace.com]


Sent: Wednesday, July 15, 2015 8:49 AM
To: Alan Hart
Cc: Andrew Mattiace
Subject: Santa
Alan,
Andrew asked me to send you the attached. (Preliminary layout (noted in purple) for the secondary south entrance for
project Santa Claus)

Deniese Wright
Executive Assistant, .r\ndrcw Tvlattiacc

MATTI ACE
Real Ei~bltc Development, .NLmagemcnt and Brokerage
125 South Congress Street
Suite 1800
Jackson, i\:IS 39201
Phone: 601.:152.1818
Fax: 601.352. 1820
dwright@,mattiace.com
andrew((;Drnartiace.com
Y>:~>.-:~..!11<t.tt!J.t\;_~,\;_\>m.

G-~----

-u

_,,

.........

.,_-,_''\' :-\..

,._.___

.. ..

--_-

__-_

... '. . .. .... ~ .


, ....
:

.<@
929
AI

n1n

930

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, May 01, 2015 9:22 AM
RE: Proposed Amendment to Zoning Ordinance

Sent:
Subject:

Here is my proposed language. I would like your comments before I send to Santa Claus for review. Although you are
fully aware, it is important for me to mention that this language has not been approved by the Mayor and Board and will
be subject to a public hearing, if they decide to consider it.

Replace the Section 21 "Service Station" Definition with the following language: Service Station: Any area
of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel,
ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include
incidental services such as facilities for lubricating, washing (either automatic or by hand), and cleaning, or
otherwise servicing automobiles and light trucks. This term does not include the painting or major repair of
vehicles.
Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development that contains at least one retail/wholesale occupant
exceeding 125,000 square feet of heated and cooled space for the indoor display and sale of goods, a site with a
minimum of 15 acres, access to an Arterial Street, and approved by the Mayor and Board of Aldermen which
may or may not include conditions. Large Master Planned Commercial Developments may include any of the
uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru
ATM's, and other banking facilities; Food product and carry-out and delivery stores, laundry and dry cleaning
pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a
drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen not
exceeding 15,000 square feet.
This amendment exceeds the singular scope of Santa Claus, and it is designed to address additional uses at multiple
locations and future potential projects.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 f-lighway .5.1 Ridgeland, MS 391.57

PH: (601) 8563877 ext. 1033 FAX: (601) 853 2030


alan.hart@ridgelandms.org
www.ridgelandms.org

t~ cttv or

Rl DGElAN D

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Friday, May 01, 2015 6:59 AM


1

931

To: Alan Hart


Subject: Proposed Amendment to Zoning Ordinance
Please send me a copy ofthe proposed Amendment to the Zoning Ordinance when it is available. Thanks.

g
JC)!'lES fm
WALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

932

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Thursday, April 23, 2015 3:14 PM
RE: Proposed Amendment of Zoning Code

Sent:
Subject:

Yes. I will have something to you by the beginning of next week provided Andrew can offer me some specific
parameters of the project, which will assist me in shaping the 'draft' ordinance amendment. Information like use types
and square footages of each would be a good start. I would also ask for any wisdom regarding anything else that would
make this development unique to any other.
We also discussed the importance of making the uses "Permitted Uses".
The quickest schedule can take this shape:
1. May 4th (Work Session)- Present the draft language to the Mayor and Board of Aldermen for consideration to
set a Public Hearing.
2. June znd (Board Meeting)- Conduct Public Hearing; Mayor and Board can consider adoption of the Amendment
3. June 12th- If approved, Last day for an objector to file a Bill of Exceptions
4. July 151 - If approved, Amendment becomes effective.
Andrew should be able to weigh his risk management based on Mayor and Board reaction, public hearing participation,
etc.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853 2030
alan.hart@ridgelandms.org
www.ridgelandms.org

'"'oft "11v ot

Rl DGElAN D

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Thursday, April 23, 2015 2:42 PM


To: Alan Hart
Cc: Andrew Mattiace
Subject: Proposed Amendment of Zoning Code
Andrew Mattiace's company, MHC Land, LLC, is approaching the time that it will sign a contract with the proposed
purchaser of the Santa site on Highland Colony Parkway. The Purchase and Sale Agreement will require that the seller
make representations about the zoning status of the property, including the fact that the property can be used for a
vehicle fueling facility. Since the Santa site is zoned C-2, the seller cannot make that representation without an
exception to explain that the property cannot be used for a vehicle fueling facility. Andrew indicated that the City is
proposing an amendment of the zoning code to resolve that matter. To make the exception in the Purchase and Sale
Agreement acceptable, the seller will need to provide an explanation about the proposed amendment. A copy of the
1

933

proposed amendment and a proposed schedule for its adoption would be helpful to keep the proposed transaction
moving. Can you provide a copy of the proposed amendment and information about the proposed schedule?

Mark T. Davis

JONES.
\VALKER

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

934

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, April 24, 2015 1:31 PM
FW: Impact Fees

Sent:
Subject:

Can you give me a good answer to this question with respect to the traffic impact fee? I will have Karen provide me the
information for the water and sewer, which are not called "impact fees".

Alan Hart, PlA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
tllll'clwut

RIDGElAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Friday, April 24, 2015 1:08PM


To: Alan Hart
Cc: andrew@mattiace.com
Subject: Impact Fees
Andrew asked me to confirm what impact fees will affect the Santa site. He thinks the traffic impact fee has been
repealed, but wants to properly account for that one and any others, such as a sewer impact fee or a water impact
fee. What info can you provide?

Mark T. Davis

JONES.
WALKER

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

935

Alan Hart
From:

Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, April 24, 2015 2:47 PM
RE: Impact Fees
20150424144148.pdf

We do not charge for traffic impact fees. The fee schedule for building permits, water taps, and sewer taps is attached.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 391.57
PH: {601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
~"~cltvot

RIDGELAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Friday, April 24, 2015 1:08 PM


To: Alan Hart
Cc: andrew@mattiace.com
Subject: Impact Fees
Andrew asked me to confirm what impact fees will affect the Santa site. He thinks the traffic impact fee has been
repealed, but wants to properly account for that one and any others, such as a sewer impact fee or a water impact
fee. What info can you provide?

JONES

~TALKER

Mark T. Davis

Partner
Jones Walker llP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

936

CITY OF RIDGELAND
BUILDING /INSPECTION SCHEDULE OF FEES
~

BUlltDING PERMIT FEE ............................................................................ $3.50 I $1,000.00


(total cost of construction)

INSPECTION FEES
Residential (flat fee) ................................................................................ $270.00
Commercial (flat fee +) ............................................................................. $270.00
+Electrical Receptacle .......................................................................... $2.00 I per
+Plumbing Drain ................................................................................ $2.00 I per
Individual Inspections .............................................................................. $30.00 I permit
(electrical, sewer, mechanical, gas)

PLAN REVIEW FEE ................................................................................... $.05 I sq.ft.


WATER
Water Tap:

%'' .......... "'-" ... ~

~
........ "' ....... "'"'"' ~" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $321.00
1" ................................................................................................. $374.50
2'' ..
~ .,It
$695.50
Other sizes ....................................................................................... cost plus
' . . . . . . . . . . . . . . .

...

lfr411tlt'#" .,

................

'1\'# .. 4r'f It ojl It #lo,jo'ltlt ... \ll<o . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . It .R lt'ff< . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. . . . . . . . .

Tie;~n:

1'4 ............................ . ...................................................................... $422.65


1'''"~ . . #,..., ....... #~ ~
~~-
-~
$551.05
2" .................................................................................................. $2,568.00
3'' .... ""
-~-
$1 ,031.48
4" .................................................................................................. $1,994.48
6" ................................................................................................... $3,419.72
.,

., ,.. . . . . . . . . . .

.. . . . . . . . . . . . . . . ,

.............

't . . . . . . . . . . . ' " . . . . . . . . . . "' " "'"'"' . . . . . . . . . . . . . . . .,,. "'"'"' . . . . . . . . . "'"'

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..-

. . . . . . . . ....... " " . . . . . . . . . . . . . . . . . . . . . ... "'""'"' ..

Base Charge (+7% sales tax) ......................................................................soe below


(new construction only)

SEWER
Sewer Tap ............................................................................................ $250.00
Sewer Tie~On........................................................................................ $125.00
Base Charge
Residential. ....................................................................................... $300.00
Commercial. ...................................................................................... $300.00 I 1,500 sq.ft.

937

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, May 01, 2015 9:22 AM
RE: Proposed Amendment to Zoning Ordinance

Sent:
Subject:

Here is my proposed language. I would like your comments before I send to Santa Claus for review. Although you are
fully aware, it is important for me to mention that this language has not been approved by the Mayor and Board and will
be subject to a public hearing, if they decide to consider it.

Replace the Section 21 "Service Station" Definition with the following language: Service Station: Any area
of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel,
ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include
incidental services such as facilities for lubricating, washing (either automatic or by hand), and cleaning, or
otherwise servicing automobiles and light trucks. This term does not include the painting or major repair of
vehicles.
Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development that contains at least one retail/wholesale occupant
exceeding 125,000 square feet of heated and cooled space for the indoor display and sale of goods, a site with a
minimum of 15 acres, access to an Arterial Street, and approved by the Mayor and Board of Aldermen which
may or may not include conditions. Large Master Planned Commercial Developments may include any of the
uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru
ATM's, and other banking facilities; Food product and carry-out and delivery stores, laundry and dry cleaning
pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a
drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen not
exceeding 15,000 square feet.
This amendment exceeds the singular scope of Santa Claus, and it is designed to address additional uses at multiple
locations and future potential projects.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 2.17 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 8563877 ext. 1033 FAX: (601) 853 2030
alan.hart@ridgelandms.org
www.ridgelandms.org

~tun;ltyut

RIDGELAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Friday, May 01, 2015 6:59AM


1

938

To: Alan Hart

Subject: Proposed Amendment to Zoning Ordinance


Please send me a copy ofthe proposed Amendment to the Zoning Ordinance when it is available. Thanks.

Mark T. Davis

JONES,UJ
WALKER

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

Partner

Jones Walker LLP


D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

939

Alan Hart
From:

Sent:
Subject:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, May 01, 2015 2:54 PM
RE: Proposed Amendment to Zoning Ordinance

Mark,
One other critical point that I left out was that I will be recommending that we place "Large Master Planned Commercial
Development" as a Permitted Use in C-2.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
1h.,

'*" ~>t Rl DGElAN D

From: Alan Hart

Sent: Friday, May 01, 2015 9:22AM


To: 'Davis, Mark'
Subject: RE: Proposed Amendment to Zoning Ordinance
Here is my proposed language. I would like your comments before I send to Santa Claus for review. Although you are
fully aware, it is important for me to mention that this language has not been approved by the Mayor and Board and will
be subject to a public hearing, if they decide to consider it.

Replace the Section 21 "Service Station" Definition with the following language: Service Station: Any area
of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel,
ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include
incidental services such as facilities for lubricating, washing (either automatic or by hand), and cleaning, or
otherwise servicing automobiles and light trucks. This term does not include the painting or major repair of
vehicles.
Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development that contains at least one retail/wholesale occupant
exceeding 125,000 square feet of heated and cooled space for the indoor display and sale of goods, a site with a
minimum of 15 acres, access to an Arterial Street, and approved by the Mayor and Board of Aldermen which
may or may not include conditions. Large Master Planned Commercial Developments may include any of the
uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru
ATM's, and other banking facilities; Food product and carry-out and delivery stores, laundry and dry cleaning
pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a
1

940

drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen not
exceeding 15,000 square feet.
This amendment exceeds the singular scope of Santa Claus, and it is designed to address additional uses at multiple
locations and future potential projects.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158

304 Highway 51 f\idgeland, MS 39157


PH: (601) 856 3877 ext. 1033 FAX: (601) 853 2030
alan.hart@ridgelandms.org
www.ridgelandms.org
lh;n;ltro!

RIDGELAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Friday, May 01, 2015 6:59 AM


To: Alan Hart
Subject: Proposed Amendment to Zoning Ordinance
Please send me a copy of the proposed Amendment to the Zoning Ordinance when it is available. Thanks.

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

Mark T. Davis

JONES.
WALKER

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

941

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, May 01, 2015 2:54 PM
RE: Proposed Amendment to Zoning Ordinance

Sent:
Subject:

Mark,
One other critical point that I left out was that I will be recommending that we place "Large Master Planned Commercial
Development" as a Permitted Use in C-2.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
lhHtwol

RIDGELAND

From: Alan Hart

Sent: Friday, May 01, 2015 9:22AM


To: 'Davis, Mark'

Subject: RE: Proposed Amendment to Zoning Ordinance


Here is my proposed language. I would like your comments before I send to Santa Claus for review. Although you are
fully aware, it is important for me to mention that this language has not been approved by the Mayor and Board and will
be subject to a public hearing, if they decide to consider it.

Replace the Section 21 "Service Station" Definition with the followinglanguage: Service Station: Any area
of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel,
ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include
incidental services such as facilities for lubricating, washing (either automatic or by hand), and cleaning, or
otherwise servicing automobiles and light trucks. This term does not include the painting or major repair of
vehicles.
Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development that contains at least one retail/wholesale occupant
exceeding 125,000 square feet of heated and cooled space for the indoor display and sale of goods, a site with a
minimum of 15 acres, access to an Arterial Street, and approved by the Mayor and Board of Aldermen which
may or may not include conditions. Large Master Planned Commercial Developments may include any of the
uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru
ATM's, and other banking facilities; Food product and carry-out and delivery stores, laundry and dry cleaning
pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a
1

942

drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen not
exceeding 15,000 square feet.
This amendment exceeds the singular scope of Santa Claus, and it is designed to address additional uses at multiple
locations and future potential projects.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 391.58
304 Highway 51 Ridgeland, MS 39157
PH: (601} 856 3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www .ridgela ndms.org
lhctt:ltyol

RIDGELAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Friday, May 01, 2015 6:59AM


To: Alan Hart

Subject: Proposed Amendment to Zoning Ordinance


Please send me a copy of the proposed Amendment to the Zoning Ordinance when it is available. Thanks.

r:-WALKER

J01~ES

190 E Capitol St, Ste 800


Jackson, MS 39201

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

T: 601.949.4900
www.joneswalker.com

943

Alan Hart
From:

Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Wednesday/ May 061 2015 8:07 AM
RE: Proposed revisions to proposed Amendment to Zoning Ordinance
06-02-15 Zoning Amendment- C2.docx

The Mayor and Board approved the attached Amendment for consideration at the June 2, 2015 Board Meeting. I will be
sending the Notice to the paper tomorrow. Please offer this information to Santa Claus and explain the amendment
language.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 r{idgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
1ttultyo!

RIDGElAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]


Sent: Tuesday, May OS, 2015 4:08 PM
To: Alan Hart
Cc: andrew@mattiace.com
Subject: Proposed revisions to proposed Amendment to Zoning Ordinance
Andrew and I discussed your draft ofthe proposed amendments to Zoning Ordinance. I can report the following:

Replace the Section 21 "Service Station" Definition. Your proposed language is acceptable for the new definition ..
Add to Section 21 Definitions the following definition: Large Master Planned Commercial Development:
Any large commercial development consisting of a group of one ( 1) or more contiguous separately owned or
ground leased tracts or parcels that contain, among the group of tracts or parcels, at least one building for
occupancy for retail/wholesale purposes exceeding 100,000 square feet of heated and cooled space for the
indoor display and sale of goods, a site with a minimum of 15 contiguous acres, access to an Arterial Street, and
approved by the Mayor and Board of Aldermen which may or may not include conditions. Large Master
Planned Commercial Developments may include any of the uses permitted in the underlying Zoning District as
well as Service Stations; Banks, branch banks, drive-thru ATM's, and other banking facilities; Food product
and carry-out and delivery stores, laundry and dry cleaning pickup stations; Fast Food Restaurant with drivethru; Fast Casual Restaurant with drive-thru; Pharmacy with a drive-thru; and outdoor display of goods in
designated areas approved by the Mayor and Board of Aldermen in one ( 1) or more locations not exceeding an
aggregate of 15,000 square feet.
1

944

As you mentioned, the following needs to be added to Section 410.02.:


M. Large Master Planned Commercial Development
I have one question about the C-2 classification. Does "Maximum Lot Coverage" limit parking improvements or just
building improvements?
I'll be glad to explain our thinking in regard to the new language. Please give me a call if you want to discuss it.

Mark T. Davis

JONES.
WALKER

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

945

ORDINANCE AMENDING THE SECTIONS 21 AND 410


OF THE OFFICIAL ZONING ORDINANCE,
OF THE CITY OF RIDGELAND, MISSISSIPPI

WHEREAS, the Mayor and Board of Aldermen ofthe City of Ridgeland, Mississippi
did lawfully adopt a Zoning Ordinance on February 4, 2014 after proper notice and a public
hearing; and
WHEREAS, the Mayor and Board of Aldermen of the City of Ridgeland, Mississippi
did lawfully adopt a Zoning Ordinance Amendment on February 3, 2015 after proper notice and
a public hearing; and
WHEREAS, additional development trends of a certain commercial use has resulted in
the need to consider appropriate regulations and restrictions; and
NOW THEREFORE BE IT RESOLVED, the Mayor and Board of Aldermen adopt the
following sections as amendments to the Official Zoning Ordinance of the City of Ridgeland,
Mississippi by amending the following sections:
Section 1

Replace the Section 21 "Service Station" Definition with the following language: Service
Station: Any area of land, including the structure thereon, which is used primarily for the retail
sale of gasoline, diesel fuel, ethanol, oil, propane, other fuels, and/or the sale or installation of
automobile accessories and may also include incidental services such as facilities for lubricating,
washing (either automatic or by hand), and cleaning, or otherwise servicing automobiles and
light trucks. This term does not include the painting or major repair of vehicles.
Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development consisting of a group of one ( 1) or more
contiguous separately owned or ground leased tracts or parcels that contain, among the group of
tracts or parcels, at least one building for occupancy for retail/wholesale purposes exceeding
100,000 square feet of heated and cooled space for the indoor display and sale of goods, a site
with a minimum of 15 contiguous acres, access to an Arterial Street, and approved by the Mayor
and Board of Aldermen which may or may not include conditions. Large Master Planned
Commercial Developments may include any of the uses permitted in the underlying Zoning
District as well as Service Stations; Banks, branch banks, drive-thru ATM's, and other banking
facilities; Food product and carry-out and delivery stores, laundry and dry cleaning pickup
stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy
with a drive-thru; and outdoor display of goods in designated areas approved by the Mayor and
Board of Aldermen in one (1) or more locations not exceeding an aggregate of 15,000 square
feet.

946

Section 2

Add Section 410.02.M. Large Master Planned Commercial Development


Section 3

The City of Ridgeland, Mississippi, Zoning Ordinance and Code of Ordinances is hereby
amended to reflect the foregoing changes from and after thirty (30) days from the date of the
adoption by the Board.
SO ORDAINED by the Mayor and Board of Aldermen of the City ofRidgeland, Mississippi at
a meeting thereof held on the 2nd day of June, 2015.

The ordinance, having been first reduced to writing, was offered for adoption by Alderman
_ _ _ _ _ _ _ _ _ _ and seconded by Alderman
and
submitted to the Board of Aldermen for passing or rejection on roll call vote with the following
results:
Alderman Ken Heard (Ward 1) voted:
Alderman Chuck Gautier (Ward 2) voted:
Alderman Kevin Holder (Ward 3) voted:
Alderman Brian Ramsey (Ward 4) voted:
Alderman Scott Jones (Ward 5) voted:
Alderman Wesley Hamlin (Ward 6) voted:
Alderman D. I. Smith (At-large) voted:
WHEREUPON, the Mayor declared the Motion had carried and the Ordinance adopted this the
2nd day of June, 2015.

Gene F. McGee, Mayor


City of Ridgeland, Mississippi
ATTEST:

Paula Tierce, City Clerk


[SEAL]

947

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Wednesday, May 27, 2015 2:50 PM
RE: Proposed Amendment of Zoning Code

Sent:
Subject:

The Amendment is on the Agenda for next Tuesday's Board Meeting.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
~tHrcJw Q>t

Rl DGEtAN D

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Wednesday, May 27, 2015 2:33 PM


To: Alan Hart
Cc: Andrew Mattiace; 'Jerry Mills'
Subject: RE: Proposed Amendment of Zoning Code
Is the amendment on tract for adoption?

JWAEL KER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Thursday, April 23, 2015 3:14PM


To: Davis, Mark
Cc: Andrew Mattiace; Gene McGee; 'Jerry Mills'
Subject: RE: Proposed Amendment of Zoning Code
Yes. I will have something to you by the beginning of next week provided Andrew can offer me some specific
parameters of the project, which will assist me in shaping the 'draft' ordinance amendment. Information like use types
and square footages of each would be a good start. I would also ask for any wisdom regarding anything else that would
make this development unique to any other.
We also discussed the importance of making the uses "Permitted Uses".
1

948
The quickest schedule can take this shape:
1. May 4th (Work Session)- Present the draft language to the Mayor and Board of Aldermen for consideration to
set a Public Hearing.
2. June 2"d (Board Meeting)- Conduct Public Hearing; Mayor and Board can consider adoption of the Amendment
3. June 1zth -If approved, Last day for an objector to file a Bill of Exceptions
4. July 151 -If approved, Amendment becomes effective.
Andrew should be able to weigh his risk management based on Mayor and Board reaction, public hearing participation,
etc.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
IIHt

city o!

Rl DGElAN D

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Thursday, April 23, 2015 2:42 PM


To: Alan Hart
Cc: Andrew Mattiace

Subject: Proposed Amendment of Zoning Code


Andrew Mattiace's company, MHC Land, LLC, is approaching the time that it will sign a contract with the proposed
purchaser of the Santa site on Highland Colony Parkway. The Purchase and Sale Agreement will require that the seller
make representations about the zoning status of the property, including the fact that the property can be used for a
vehicle fueling facility. Since the Santa site is zoned C-2, the seller cannot make that representation without an
exception to explain that the property cannot be used for a vehicle fueling facility. Andrew indicated that the City is
proposing an amendment of the zoning code to resolve that matter. To make the exception in the Purchase and Sale
Agreement acceptable, the seller will need to provide an explanation about the proposed amendment. A copy of the
proposed amendment and a proposed schedule for its adoption would be helpful to keep the proposed transaction
moving. Can you provide a copy of the proposed amendment and information about the proposed schedule?

JONEsUJ,
WALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

949

Alan Hart
From:

Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, June 19, 2015 2:00 PM
RE: Driveway
Santa Claus Accessjpg; Santa Claus Access2jpg

Andrew,
2 conceptual options attached. These ideas would have to be engineered by a PE.
We prefer that Santa Claus get a primary-looking full access arrangement to Highland Colony Parkway. We prefer that
the Church access appear secondary so that shoppers don't confuse the entrances and burden the church property with
U-turns in their parking lot. Option #2 would be available after all other options fail to pass the reasonable test. Option
2 is not preferred, but we think it can be Engineered to work.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: {601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
lnHitv ot

RIDGElAND

From: Andrew Mattiace [mailto:andrew@mattiace.com]

Sent: Friday, June 19, 2015 11:09 AM


To: Alan Hart
Subject: Driveway
Alan,
Thanks for the call this morning.
The first attachment came from Costco and represents their proposed shared driveway layout dated 3-20-15.
The second attachment is Neei-Schaffer's proposed layout of a shared driveway dated 5-7-15.
Please feel free to use either of these plans to re-design and recommend a solution that will work for the church.
Thanks,
A.ndrev.r i\:lattiace

President
1

950

MATTIACE
Real E:'ltutc Development,

ll1Hn;~gemcnt and Broken1gc

125 South Collgrcss Street


Suite 1800
Jackson, MS 39201
Phone: 601.352.1818
Fax: 601.352.1820
andrew(iilmattiace.com
WW\Y.Jn.;ltti.;Ke... cQm

t'-"'

I>-'

..(I

I:
951

I
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952

953

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, July 10, 2015 1:47 PM
RE: Santa Claus

Sent:
Subject:

My computer does not recognize either of those files as an AutoCAD file. Can you see if Danny can get me that?

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 3915"7
PH: (601) 856-3877 ext. :1.033 FAX: {60:1.) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org

IIH~coltyc.!

RIDGElAND

From: Andrew Mattiace [mailto:andrew@mattiace.com]

Sent: Friday, July 10, 2015 1:42PM


To: Alan Hart

Subject: FW: Santa Claus

From: Danny Ryals [mailto:danny.ryals@neel-schaffer.com]

Sent: Friday, July 10, 2015 12:43 PM


To: Julie Miller

Cc: Bill Colson; Phil@aquaeng.us; Andrew Mattiace; Chuck Lott; Walt Dinkelacker; Davis, Mark
Subject: FW: Santa Claus
Everyone,
The link below will allow you to download a copy of latest overall site plan (.pdf and .dwg). Should anyone have any
questions or need any additional information, please call.
Thanks,
Danny Ryals

From: Ginny Bates

Sent: Friday, July 10, 2015 11:33 AM


To: Danny Ryals
Subject: Santa Claus
1

954
message contains attachments delivered via ShareFile.
12565-RoughGrading_07-10-15.pdf (1.3MB)
12565-RoughGrading_07-10-15.z (13.1 MB)
Download the attachments by clicking here.

Rename extension from "z" to "zip" to unzip drawing files.

NEEL-SCHAFFER
.... ltN,_ )'VU .,_.,.4r
ttfh
IUftl

Ginny Bates
Technician IV
Civil/Site Engineering Department
Neei-Schaffer, Inc.
1022 Highland Colony Parkway, Suite 202
Ridgeland, MS 39157
Phone: (601) 898-3358 Ext. 232
Fax: (601) 898-8454
gin ny. bates@neel-schaffer.com
www. neel-schaffer.com

Neei-Schaffer, Inc. Confidentiality Note:


information contained in this message along with any auachmcnt(s} may be confidential and protected by legal privilege. This
rnessage is meant solely for the use of the individuaf(s) to whom it is addressed. Viewing or the use of information and attachment(s)

within this message without the expressed permission of Neet-Schaffer, Inc. is prohibited. If you are not the intended recipient of this
message, Nee!Schaffer, Inc requests you take immediate action to notify the sender of the error and that you delete this message
and a!! attachments without modi{yinq, copyinq or distributinq its content

Alan Hart
From:

Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, July 10, 2015 4:19 PM
Santa and Church Access
Santa & Church Access.pdf

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: {601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org

lh~c!trot

RIDGElAND

955

956

Alan Hart
From:

Sent:
Subject:
Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, July 10, 2015 4:43 PM
FW: Santa and Church Access
Santa & Church Access.pdf; Santa Claus & Church Aeirai.JPG; Drawingl.dwg

Danny,
Attached is a quick concept drawing I prepared to illustrate my point about how the church and Santa Claus can share a
full access point. We met with the Church officials today who seem agreeable to the concept. I discussed this a few
minutes ago with Andrew, and he asked me to send to you to get you to take this concept further by getting the lane
widths and lengths correct and getting the turning radii correct. It appears that the churches access road is about 26
feet wide. I have attached an aerial and the CAD file that you can use in your AutoCAD drawing. As usual, time is of the
essence. We have to reach an agreement with the church by Friday.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
lllultyot

RIDGELAND

From: Alan Hart

Sent: Friday, July 10, 2015 4:19PM


To: Andrew Mattiace (Andrew@mattiace.com)
Subject: Santa and Church Access

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext 1033 FAX: (601) 853-2030

alan.hart@ridgelandms.org
www. ridge Ia ndms.org

957

11\uttrol

RIDGElAND

958

959

960

Alan Hart
From:

Sent:
Subject:

Attachments:

Alan Hart <Aian.Hart@Ridgelandms.org>


Wednesday, July 15, 2015 6:51 PM
Fwd: Project Santa Claus
CombinedChurchExh.dwg; ATTOOOOl..htm

See attached. I didn't get a chance to open it at home because I don't have AutoCAD. I will check it in the morning and
follow up.
Thanks!
Sent from my iPhone
Begin forwarded message:
From: "Danny Ryals" <danny.ryals@neel-schaffer.com>
To: "Alan Hart" <Aian.Hart@Ridgelandms.org>
Cc: "Chuck Lott" <chuck.lott@neel-schaffer.com>
Subject: Project Santa Claus
Alan,
Attached is a copy of the site drawing you requested. Sorry it took so long, but our internet system
went down and just came back up. Should you have any questions or need any additional information,
please call.
Thanks,
Danny Ryals
Nee/-Schaffer, Inc. Confidentiality Note:
Information contained in this messaqe along with any attachment(s} may be con[idential and protected by leqol
privifeqe. This message is meont <;a/ely for the use of the individuuf(s) to whom it is addressed. Viewing or the use of
information and aUachment(s) within this message without the expressed permission of Nee/Schaffer, Inc. is
prohibited. If you are not the intended recipient of this message, Nee!-Sclwjff::r, Inc. requests you take immediate
action to notify the sender of the error and that you delete this message ond all ottachments without modifying,

copying or distributing its content

961

Alan Hart
From:

Sent:
Subject:

Alan Hart <Aian.Hart@Ridgelandms.org>


Wednesday, July 15, 2015 7:43 PM
Re: Project Santa Claus

Got it and forwarded it. Thanks men!


Sent from my iPhone
>On Jull5, 2015, at 6:52PM, "chucklottl30@att.net" <chucklottl30@att.net> wrote:
>
>Alan,
>
> Attached is the exhibit drawing for the shared entrance with the Christ
>Life Church of the Highlands that you requested.
>
>Chuck
>
> -------------------------------------------------------------------> mail2web LIVE Free email based on Microsoft Exchange technology > http://link.mail2web.com/LIVE
>
> <CombinedChurchExh.dwg>

962

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Thursday, July 16, 2015 4:09 PM
RE: Renaissance South

Sent:
Subject:

I think all you need to focus on is the overall. This project can have multiple ownership arrangements and still be
approved as a Large Scale Master Planned Development, which will have shared parking. I see no reason to separate it
into north and south. Of additional consideration is the fact that if Santa Claus does not come or goes away at some
point, their paved parking area would yield many more parking spaces if striped at 9 feet wide.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Sox 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 8532030
alan.hart@ridgelandms.org
www.ridgelandms.org
llHIH;lty l>t

RI DG ELAN D

From: Alan Grant [mailto:agrant@deandean.com]

Sent: Thursday, July 16, 2015 4:01 PM


To: Alan Hart; 'Andrew Mattiace'
Subject: FW: Renaissance South
Alan and Andrew,
Please review the parking chart attached and let us know if we need to change anything for the Tuesday meeting.
Thanks
Alan.

4400 Old Canton Road Suite 200 Highland Bluff


Jackson, MS 39211-59221 (601) 939-7717
www.deandean.com

963

From: Matt Haik [mailto:mhaik@deandean.com]

Sent: Thursday, July 16, 2015 4:00 PM


To: Alan Grant

Subject: Renaissance South


Alan,
Attached is the parking info for Renaissance South.
Let me know if we need to change anything before forwarding to Civil.
Thanks,
Matt

Matthew M. Haik AlA, NCARBI Architect

Dean cnci Dean/Associates


on::::h!ft.~ts

4400 Old Canton Road Suite 200 Highland Bluff


Jackson, rvlS 39211-59221 (601) 939-7717
www.deandean.com

964

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, July 17, 2015 2:35 PM
RE: Info Needed by Alan Hart

Sent:
Subject:

thanks

Alan Hart, PlA, ASlA


Director of Community Development

P.O. Box 217 Ridgeland, MS 39158


304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www. ridge Ia ndms.org
'" c~tr ... t

Rl DGELAN D

From: Deniese Wright [mailto:dwright@mattiace.com]

Sent: Friday, July 17, 2015 2:34 PM


To: Alan Hart
Cc: Andrew Mattiace

Subject: FW: Info Needed by Alan Hart


The attached as per our conversation.

Deniese Wright
Executive Assistant, Andrew i\.fattiace

MATTIACE
Real BstHtc Dcvclopmcrlf, JlimJugcmcnt and Brokcn1gc
125 South Congress Street
Suite 1800
.Jackson, l\JS 39201
Phone: 601.352.1818
Fax: 601.3:)2.1820
dwright@mattiace.com
andrew(t'i),mattiace.com
www.mattiace.com

From: Danny Ryals [mailto:danny.ryals@neel-schaffer.com]

Sent: Friday, July 17, 2015 1:05 PM


To: Deniese Wright
Cc: Chuck Lott; Bill Colson

Subject: FW: Info Needed by Alan Hart


1

965

Deniese,
Attached is a copy of the description information sent from Maptech in regard to your recent email. Please review and
if this is not the information you need in regards to the descriptions just let me know.
Thanks,
Danny Ryals
From: Chris Pesnell
Sent: Friday, July 17, 2015 12:53 PM
To: Danny Ryals
Cc: Chuck Lott
Subject: RE: Info Needed by Alan Hart

Danny, please see attached. The City's property is indicated on the face of the preliminary plat by referencing the name,
deed book and page.
Chris Pesnell, P.S., CFedS
Vice President

IIMAPTECH.
111,

INC.

s .. rnyi"J 1MapplftiC jllt>m..te $mi~t.C

3181 Greenfield Road


Jackson, Ms. 39208
Cell: 601-622-0768
Office: 601-664-1666
Fax: 601-664-1890
From: Danny Ryals

Sent: Friday, July 17, 2015 12:28 PM


To: Chris Pesnell
Cc: Chuck Lott
Subject: FW: Info Needed by Alan Hart
Chris,
I need your help with the legal description for the 45 acres and the city's property in regards to project Santa Claus.
need to get this information by Monday.
Thanks,
Danny Ryals
From: Deniese Wright [mailto:dwright@mattiace.com]

Sent: Friday, July 17, 2015 11:46 AM


To: Danny Ryals; BiiiColson
Cc: Andrew Mattiace
Subject: Info Needed by Alan Hart

Danny and Bill,

966

The following information is needed by Alan Hart:

Total storage capacity in the detention pond and what is the capacity for our detention.
A map of the boundary for the storage shed.
Legal description for the 45 acres.
Legal description of the City property.

Thanks,
Deniese Wright
Executive Assistant, Andrew Mattiace

MATTI ACE
Real E'itHtc Development, 11-'Etnagemcnt and Brokerage
125 South Congress Street
Suite .1800
Jackson, 1\:iS 39201
Phone: 601.:352.1818
Fax: 601.352.1820
dwright@mattiace.com
andrew(it!rnan1ace.com
Y>:~vsv.. mgtt.i.cl~l.~<:!..m

Neei-Schaffer, Inc. Confidentiality Note:


lnformcrtion contoined in this message along with ony attachment(5) may be conjfdentiol and protected by !ega! privilege. This
message is meant solely for the use of the individuaf{s} to whom it is addressed. Viewing or the use of information and aUachment(s)
within this message without the expressed permission of Neef-Schajfer, Inc. is prohibited. if you ore not the intended recipient of this
message, Nee! Schaffer, Inc. requests you take irnmcdiote action to notify the sender of the error and thot you delete this message

and off ottochments without modifyinq, copying or distributing its content

967

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Friday, July 17, 2015 2:35PM
FW: Info Needed by Alan Hart

Sent:
Subject:

Documents for the Aid in Lieu of Development Agreement are attached.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www. ridgelandms.org
lnulty~.>r

RIDGElAND

From: Deniese Wright [mailto:dwright@mattiace.com]

Sent: Friday, July 17, 2015 2:34 PM


To: Alan Hart
Cc: Andrew Mattiace

Subject: FW: Info Needed by Alan Hart


The attached as per our conversation.

Deniese \\/right
Executi1re ,.\ssistant, .Andrew i\.fattiace

MATTIACE
Real E:qt:Uc DcvelopmetJt, 1lf.uwgcmcnt and Broker11ge
125 South Congress Street
Suite 1800
Jackson, i\JS 39201
Phone: 601.352.1818
Fax: 60Li52.1820
dwright@mattiace.com
andrcw((/}mattiace.com
www .rna ttiace. com

From: Danny Ryals [mailto:danny.ryals@neel-schaffer.com]

Sent: Friday, July 17, 2015 1:05 PM


To: Deniese Wright
Cc: Chuck Lott; Bill Colson

Subject: FW: Info Needed by Alan Hart


1

968

Deniese,
Attached is a copy of the description information sent from Maptech in regard to your recent email. Please review and
if this is not the information you need in regards to the descriptions just let me know.
Thanks,
Danny Ryals
From: Chris Pesnell
Sent: Friday, July 17, 2015 12:53 PM
To: Danny Ryals
Cc: Chuck Lott
Subject: RE: Info Needed by Alan Hart

Danny, please see attached. The City's property is indicated on the face of the preliminary plat by referencing the name,
deed book and page.

Chris Pesnell, P.S., CFedS


Vice President
~~~IMAPTECH. INC.

I, ,

SOIJV"'fl"IJ 1M~pplll l!t<onoO<t Stonii>J

3181 Greenfield Road


Jackson, h4s. 39208
Cell: 601-622-0768
Office: 601-664-1666
Fax: 601-664-1890
From: Danny Ryals

Sent: Friday, July 17, 2015 12:28 PM


To: Chris Pesnell
Cc: Chuck Lott
Subject: FW: Info Needed by Alan Hart
Chris,
I need your help with the legal description for the 45 acres and the city's property in regards to project Santa Claus.
need to get this information by Monday.
Thanks,
Danny Ryals
From: Deniese Wright [mailto:dwright@mattiace.com]

Sent: Friday, July 17, 2015 11:46 AM


To: Danny Ryals; BiiiColson
Cc: Andrew Mattiace
Subject: Info Needed by Alan Hart

Danny and Bill,

969

The following information is needed by Alan Hart:

Total storage capacity in the detention pond and what is the capacity for our detention.
A map of the boundary for the storage shed.
Legal description for the 45 acres.
Legal description of the City property.

Thanks,
Deniese \'\/right
Executive Assistant, Andrew .1\httiace

MATTI ACE
Real E.9Utc Development; NJ;magemcnt and Brokerage
125 South c:ongress Street
Suite 1800
Jackson, MS 39201
Phone: 601.352.1818
Fax: 601.352.1820
dwright@mattiace.com
andrcw(itlmattiacc.com
\V:Y.{_\Y,!11!!1J:Ja~G. ~mn

Neei-Schaffer, Inc. Confidentiality Note:


!nformotion contained in this message along with any attachment(s) rnay be confidential and protected by !ega! privilege. This
message is meant solely for the use of the individuaf{s} to whom it is addressed. Viewing or the use of information ancl attachment(s)
within this messoge without the expressed permission of Neei-Schafft:r, Inc. is prohibited. if you are not the intended recipient of this
nwssuge, Nee! Schaffer, Inc. requests you take immediate action to notify the sender of the error and that you delete this message
ond Gil attochments without modljying, copyinq or distributing its content.

970

JNDY.UIIG

INB'l>RUC~tONBr

Port of tho Woot 1/2 of tho


NE 1/4 of soot1on 26, T7N, RIC

,. . ,, n1no ;;::, r~J:;


...
1'1'.lrJ1.4

fOR liND IN CONSlDl!Rl\TION of the sum of Tan Dollars ($10,00)


oanh in hand paid, and other good and valuable consideration, the
receipt $nd uutficianoy of all of which are hereby acknowledged,
the undersigned, OLJ!M 8l!ATON, SARAH DOUGLAS, ANNlB QNlTR and BENNIE
l!ARL Bl!ATON, do haroby aall, convey and warrant unto the OifY

ov

RIDGl!LAND, MISSISSIPPI, a Municipal Corporation under the lnwe of


the state of Mississippi 1 the following deeor ibed land and property
situated in Madison County, state of Mississippi, to-wit1
Part of xhe weet.l/2 of the NE. 1/4 of Section
25, T?N 1 R1E 1 Ridgeland, Madison County, Miss.
and being more particularly described as
follOWS I
BEGINNING at a Ri~nt of Way M~rker ma~king the
Intetsaotion of the west Right of Way of
Interstate Highway 55 with the southerly Right
of Way of the Natchez Traot Parkway and run
thence N 21 degrees 27 minutes 37 seconds W 1 1 377.la' along the Southerly Right of Way of
the Natchez Tract Parkway/ thence leaving the
Southerly Right of Way of the Natchez Tract
Parkway, run s 02 degrees 46 minutes 54
seconds E - 292.91' along an extension of and
,along the East line of a 25' Sanitary Sewer
Eaaement1 run thence S lJ degrees 39 minutes
oo seconds E - 281.22 1 along the East line of
a 26' sanitary sewer Easement; run thence s 19
degre"'s 1>.9 minutes !19 seconds E - 402, 2 o 1
along the East line of a 25' sanitary Sewer
Eapsment/ run thence S 06 degrees 04 minutes
44 w - 829.49' along the Eaat line of a 2!1 1
Sanitary Sewer Easement and a southerly
e~tension thereof
to a fence marking the
common boundary between the seaton Tract and
the Johnson Traot1 run thence s 85 degrees 29
minutes 07 seconds E - 147.?9' and with the
meanders of the e~id fane"' to the West Right
oe Way of Interstate Highway 55/ run thence N
24 deqreos as minutes 42 seconds E - 428,96 1
along tho Wast Right of Way of Interstate
Highway 55/ run thanes N 24 degrees 21 minutee
45 seconds B - 200,00' alonq the Wast Right of
way of Interstate Highway 55 to the POINT OF
BEGlNNING.
containing 6,89a acres more or leas,
As a further consideration for this conveyance, at such time
as the Grantee shall excavate and conatruot the retention/detention
facilities to be placed on the property, at Grantors' sole option

971

the dirt materials excavated fron\ the above deaor ibad property
10hall be placed on the Grantors' adjacent property for the sole use
and benefit of the

Gr<~ntora.

Theplacement of such materials shall

be (lone in accordance with good eng!nearinq practices, and in CJUoh


a way and in such a manner that same does not constitute a hazard
or l.ntorfere with Grantors' access to their adjacent property.
Grantee covllnants not to diaturb or damaqe Grantors' adjacent
ptoperty beyond that which is necessary to and for the proper
placement of said materials and agreaa to restore the surface Of
Grantors' adjacent property in the event the aame is disturbed by/
Grantee during the excavation of the fill material and placement
thereon on the Grantors' adjacent property,
creek

storm

drainage

retantionjdetent!on

improvements,

facility

fo~

Should the Purple

anticipated

which

this

land

to
is

be
being

pur.chased 1 not be built by Grant .... , prior to an~ other usa or prior
to the sale of the parcel hereby conveyed, Grantee hetain hereby
agrees to offer the same to Grantors for the same consideration
pl>id by Gran tea to Grantors.
purchase said prop arty,

If

Grantee~>

G~antora

herein elect to

re~

herein agree to deliver to

Gr:-antors 'herein the same title as iii convey"<;\ nereby to Grantee


herein.
Notice of this offer to ile.ll and convey to Grantors herein
shall be sent u.s. Mail, Postage Prepaid, Return Receipt Requested
to two of tho Grantors named her:-ain at the address given in this
document, or to such other address as shall be given to the Grantee
herein in writing.

Grantors herein shall have 160 days from the

.;late of receipt of said notice in which to decide whether or not


they wiah to repurohalle the property.
decide to

re~purchase

~n

the event Grantors herein

said property, they shall notify

Gr~ntor

herein within said 180 day period in the eame manner as Provided
above, and the sale shall close within thirty days thereafter.

If

Grantee herein has not received notice to purchase within said 180
day period, then Grantee herein shall be free to use the property
or dispose of pame aa is necessary or deail.'able by the Grantee
herein.

The covenants contained in this deed shall run with the

972

title to the land

hc~Bby

oonveyad and be binding on Granton, ita

auccassora in title and assigns,


Gt"anto~'

the

s<~ma

~o

run in favor of

adjacant laml and tho title t:hllrato fot" a par:iod of fifty

years from the data hereof,


The warranty ot this conveyance is subject to all ad valorem
taxes, shall be prorated as of the date of this instrument, and

orantae aasumae the payment thereof,


orantora warrant that the property oonveyad constitutes no

part of their respective hcmell!taads,


witness our signatures, thia tho ..::::t!!:'day of

-./. . .'

~'

1995.

CLilM BEATON

~fti~s~~~~
~ct0d{.

STATE OF

COUNT'/ OF

fYYc'o,so.(\
\

f)()~ 1\f:

appeared baforo me, the undersigned a hority in.:'


and
t~said county and state,
on this
....d'liy,: ;
of
uili\
, 1996, within my jur <~diot:l.on;,.thir '
within naed OLI:lM Dl!11'I'ON, Who acknowledged that he eKect\l;.ad' tl\e, '
almve and foregoing instrument as hie voluntary aot and r~~d i.S.;r~ ~.
PERSONALLY

('

;::: o.,'

I.

.~ c 0 ~ l ~~....
N~AiiPiJiLIOt
~l.ll.

).A

M~

OONMISBION BXPIRI!BI
lAURA A. CARPEAUX

.. NOTAAVm'AYHEOOUt/11\MI
,-omrtliN
tb
ro. "'

l.rt~1SS\exPtRI!$0tll!~

973

STATE OF
COUNT11: OF

----i"~'+H!,F-="~
7'~ ~"-f.f1"1f't"'<("-'-
,.,.

-~-

P RSONALL~ appeared before me, the under~igned :=t~ority in


and t r the
aid county and ~tate, on thi~
~
day
o(
, 1995, within my jurisdiction, the
within nam
SAnAa oooo~s. who aoKnowladqed that she executed the
above and foregoing instrument as her voluntary act and deed.

~~9zAAAd.
i/
N

MY COHMISBXON EXPIRES!

.~

'

t.'lr..

::~\{::.;:
~;~}\: ,,.

.\'

RSONALLY appeared befora me, the undersigned <f.llj:hority in


and
aid county and ptate, on this -~
day
of c-f'~,c.l.oS.f>i't'"~=o:-==:--,.-' 1996 1 within my jurisdiction, tho:>
with n
d ANNIB 8HI~H, who acknowledged that aho:> executed the
above
~oregoing inst~ument as her voluntary act and deed,

MY COMMISSION

BX~XRBSI

..

/.,.
,\'"'

. ,\,, . '

.: '-~ .:

.~

'-

974

..
PE

SONALL~

appeared befnra me, the undersigned

a~thority

in

and fo
the
aid county and state, on this
~t4
day
of
, 1995, within my jurisdiction, the
within nam
BENNIE EARL BEATON, Who acknowledged that he executod
the above and foregoing instrument s is voluntar~
t and deed,

NO

MY COMKIBBION BKPIRBSI
UISSISSIPPI STATZWil>K NOTARY fUBLr.
i,OMMI$SION EXPIRES IdAf. l2 liS.:
DAo'ntro',0
THRU 6!E9AIJ, NQT6RJ f.hVIC"

Grantors I

GRANTI'll!ll

Clem Seaton, Et Al.

city of Ridg.. land


Post Offioe nox 217
Ridgeland, MS 39168
(601) 856-7113

3019 Lid<lesdale
Detroit, MI 48217

Mrs. sarah DoUglas


Post Office Box 76
Tougaloo, MS 39174
(60l) 957-4707

Mrs. Annie smith

Post Office Box 406


Tougaloo,.MS 39174
(60).)

956-7~83

Mr. Denny Seaton

22955 Valley View


southfield, MI ~8034

PllEl'l\RBD B'lt

TAYLO!l, COVINGTON & 'SMITH


william c. Smith, Jr.

315 Tombigbee street

3rd l'loor
l'ost Offioa Box 350~
Jackaon, MS 39207-3509
Telephone No, (601) 969-7570

fl\awapt~ett\i ibbyo\dOLI91f.~

STATE OF MISSISSIPPI, COUNTY OP MADISON:


1cerlf~that Ihe within Instrument was filed tor record in my oftlca this - ..... 9__ ... day
of --~-- 19':>? , at ___
o'clock ..0. .. -M., and was duly recorded

'?! .......

on the

..

AIIG-J} 3-1995--- .., Book No. ...2<,.Q.. __ , Page ~-

STEVE DUNCAN, CHANCERY Cl.ERK

BY:.----- .... - ...... _

...... D.C.

975

976

2691.85'

POINT Of COMiotENCioiENT
f"OUI<O CONCRETE ~,i~UMENT
LOCATED AT lHE NORlHWEST
CORNER Of" SECTION 25. l7N,
Rl(.t.IAOISONCOUNTY.
I.USSISSIPPI

GRit;

UNITED STATES OF AMERICA


NATCHEZ TRACE PARKWAY
DEED BOOK 79 PAGE 89

~~~

40'

1-T

'"'"~,~-i;,:;:c.. , , ~'I ~'":lJEt


""~
I _: . , . -. .

.,1 ":'

S8TJ,

1.. CrTY Of" RIDGELAND

' \DEED
25' WIDE
SEWER EASEMENT
BOOK 360, PAGE 525

. . . . . .y

~
\ \

og

~~

=----L

'A==t=-:

~~
g
gg
5~

\
BANCOIW

SOUT~-<

DEED BOOK 26?6. PACE ;:49

\
YAZOO TII.!SERLANO, LJ..C
DEED BOOK 3186. PAGE 744

fOUND
fiRST SANK

DEED BOOK 2626. P.<.CE 256

""""

UNITED STATES OF AMERICA


NATCHEZ TRACE PARKWAY
DEED BOOK 79 PAGE 89

NW/4 Of N(/.4.
SNj~ Of" NE"/-'

BANK OF YA200 CJlY

DEED BOOK 2626. PAGE 263


ENTERCY15'WIDEEASEMEI<r
DEED SOCK 527, PAGE 465

\,

"'

~
[!;

,~

977

"'

~~!'(~=~~rf:l

CITI2ENS NATIONAL BANK


DEED BOOK 2693, PAGE 901

""'

REBAR

ALTA/ ACSM BOUNDARY SURVEY OF 45.24


ACRES SITUATED IN THE WEST HALF OF
THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 7 NORTH, RANGE 1 EAST,
MADISON COUNTY, MISSISSIPPI
DRAWING No..:UT15015cp.dwg

JOB

DRAWN SY: C.PE$1\IEU.

CHECKED BY: C.PESNEU.

SCAlE: ,..

so

No.:loiT.15015.000

!DAlE: 15 JULY 2015ISHEET 2 of

GAF IN DEEDS
'/ / t 15'.,./
///'/
. ' / / / / / / / / / /,/>
/

~~~ /

~'~

,'/'/7 / ". / // 7 / 7 -777'7~Nlb"~~"""'


\ ""'
\

)<)0:(0 ;

45.24 Acres

'f<o....

FOUND#)R(s.o.R

.:;Rc

( 1,970,658 SQ. FT.)


UNITED STATES OF AMERICA
NATCHEZ TRACE PARKWAY

<>

DEED BOOK 79 PAGE 89

I
>-"'!!( ~ ~~
~
81

sr.'l"~l"ot 1no~

C.A.I..CULAlED CORNER

-<{

FOUND

f3 REBAR

l=v<O
~lf)w
<~0

"-O
~a.

>- (/)

I J~~~

RENASANT SkNK
OELO BOOK 2626. P.<.G( 270

YAZOO TII.IBERLAIIID. tLC


DEEO SOCk 3186. PAGE 744

zO

~~g

'~~;f

HOlMES COUNTY BANK

DEED BOOK 2:)71, PACE 936

II
Ill

FOUND CONCRETE
R/W UARI<:t:R
N19.75'

~.

[ .. 6.99'

'"'""' ,. ffl" '"""'"'46~


DEED SCOK 527, PAGE

#5 REBAR

\\

BE.o.RoNC
SOO"Ht7"

1..3
L-4
'.,

.,.._.,..,... ~<>

Jl
SOO"O<Io'Jl""W

.
T.IJ<C
37-45

,
-41:3
~-00

.,., ~~

\\

GIJARA,N"!Y SA-NK AND 1RUST CO


DEED BOOK 2626. PAG( 277

i'OUNO _14 REBAR

~ ~,.,,.
s~O<Io

LINE
L1

"1-0.0J

EOB5'
A 150.08'
R 800.00'

~.;";,~~:~:.....
co"'~

\\

\1

"'"
!Ji~,..;t:o(J

f'OUN0f4RE9AR
f"OUNO #4 REBAR

.0&

S=0.57"

1\ \

\~l>\

2,55

\ca

'

11'i.78'
.00'

~ ' ~
0

1270'

"I'

t,'fo'O:oo'i'',.

,."!Jc~ ~.

\I

'"""'

SW/u- NE/

VAN WINKLE BAPTIST CHURCH

DEED BOOK 45 7 PAGE 380

978

II

:Jg ~

<OUO l3 R<SAA\

\n1\ I
A

~ti~
~:::!?!::;

N88"20'1li"W 1015.09'(5)
SSS'26'SO"'E (R)

gg

~SQj

f:j$
}j

~ ~(~~=~~~ALTA/ACSM BOUNDARY SURVEY OF 45.24


ACRES SITUATED IN THE WEST HALF OF
THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 7 NORTH, RANGE 1 EAST,
MADISON COUNTY, MISSISSIPPI
ORA'MNG No.:J.Cn5015cp.dw<;

JOB No.:UT.15015.000

ORA'IIN BY: C.PESNEU

DiEOCEO SY: C.f'ESNU

SCAlf: l... so

!OAr: 15 .JJLY 2015!SHE:ET 3 ol

Property Description
A description of a tract or parcel of land containing 45.24 acres (1 ,970,658 square feet), more or
less, situated in the Northeast Quarter of Section 25, Township 7 North, Range 1 East, Madison
County, Mississippi. The below description is based on the Mississippi State Plane Coordinate
System, West Zone, NAD 83, grid values, U.S. Feet, and being more particular described as
follows, to wit:
Commencing at a found concrete monument located at the Northwest corner of Section 25,
Township 7 North, Range 1 East, Madison County, Mississippi, thence run East for a distance
of 2691.85 feet to a point; thence run South for a distance of 779.50 feet to a found concrete
monument located on the existing south right-of-way line of the Natchez Trace Parkway, said
point being further described as "Monument 154" according to the United States Department of
Interior National Park Service Land Use and Maintenance Plans- Section 3P (Sheet 29 of 32);
thence along said existing south right-of-way line run, South 87 degrees 31 minutes 40 seconds
East for a distance of 136.00 feet to a found 1/2" rebar located at the intersection of said
existing south right-of-way line and the existing east right-of-way line of Highland Colony
Parkway (a.k.a South Madison County Parkway) according to the "Right-of-Way Plat South
Madison County Parkway" plans, Plat Cabinet C, Slots 54, 55, 56, 57, and 58, of record at the
Chancery Clerk's Office, Madison County, Mississippi, said point being hereinafter referred to as
the POINT OF BEGINNING;

From the POINT OF BEGINNING continue along said south right-of-way line of the Natchez
Trace Parkway run, South 87 degrees 31 minutes 40 seconds East for a distance of 470.29 feet
to a found concrete monument, said point being further described as "Monument 154A"
according to the above referenced plans - Section 3P; thence continue along said existing
south right-of-way line run, South 26 degrees 12 minutes 14 seconds East for a distance of
1648.58 feet to a 5/8" rebar located at the intersection of said existing south right-of-way line
and the existing west right-of-way line of Interstate 55; thence along said existing west right-ofway line run, South 19 degrees 16 minutes 54 seconds West for a distance of 134.20 feet to a
5/8" rebar located on said existing west right-of-way line; thence continue along said existing
west right-of-way line run, South 19 degrees 37 minutes 06 seconds West for a distance of
448.27 feet to a point in a creek located at the intersection of said existing west right-of-way line
and the south property line of that certain tract of land conveyed to the City of Ridgeland as
described in Deed Book 360, Page 632, records of the Chancery Clerk's Office, Madison
County, Mississippi, from said point whence a reference point being a 5/8" rebar bearing North
19 degrees 37 minutes 06 seconds East a distance of 10.00 feet; thence along said south
property line and the south line of that certain tract of land as described in Deed Book 2626,
Page 291 records of the Chancery Clerk's Office, Madison County, Mississippi, run, North 88
degrees 20 minutes 19 seconds West for a distance of 1015.12 feet to a found 1/2" rebar
located on said existing east right-of-way line of Highland Colony Parkway, point also being the
southwest corner of said Deed Book 2626, Page 291;
thence along said existing east right-of-way line the following 16 courses and distances:
North 00 degrees 14 minutes 17 seconds West for a distance of 37.45 feet to a 5/8" rebar;
North 45 degrees 22 minutes 14 seconds West for a distance of 44.07 feet to a 5/8" rebar;

979

thence along a curve to the left having an arc length of 112.78 feet, a radius of 900.00 feet, a
chord bearing of North 07 degrees 05 minutes 00 seconds West, and a chord distance of
112.70 feet to a 5/8" rebar;
North 10 degrees 40 minutes 24 seconds West for a distance of 108.17 feet to a 5/8" rebar;
thence along a curve to the right having an arc length of 150.08 feet, a radius of 800.00 feet, a
chord bearing of North 05 degrees 17 minutes 58 seconds West, and a chord distance of
149.86 feet to a 5/8" rebar;
North 00 degrees 04 minutes 31 seconds East for a distance of 185.58 feet to a 5/8" rebar;
North 45 degrees 04 minutes 31 seconds East for a distance of 42.43 feet to a 5/8" rebar;
North 00 degrees 04 minutes 31 seconds East for a distance of 43.00 feet to a 5/8" rebar;
North 32 degrees 28 minutes 29 seconds West for a distance of 55.76 feet to a 5/8" rebar;
North 00 degrees 04 minutes 31 seconds East for a distance of 730.97 feet to a 5/8" rebar;
North 45 degrees 04 minutes 31 seconds East for a distance of 42.43 feet to a 518" rebar;
North 00 degrees 54 minutes 18 seconds East for a distance of 56.05 feet to a 5/8" rebar;
North 43 degrees 32 minutes 53 seconds West for a distance of 40.62 feet to a 5/8" rebar;
thence along a curve to the right having an arc length of 134.12 feet, a radius of 697.42 feet, a
chord bearing of North 10 degrees 42 minutes 36 seconds East, and a chord distance of 133.91
feet to a 5/8" rebar;
North 16 degrees 15 minutes 49 seconds East for a distance of 100.09 feet to a 5/8" rebar;
thence along a curve to the left having an arc length of 206.77 feet, a radius of 866.21 feet, a
chord bearing of North 09 degrees 25 minutes 30 seconds East, and a chord distance of 206.28
feet back to the POINT OF BEGINNING, containing 45.24 acres (1,970,658 square feet), more
or less, and being situated in the Northeast Quarter of Section 25, Township 7 North, Range 1
East, Madison County, Mississippi.
The above described property being based on a plat of survey prepared by Maptech, Inc dated
July 2015.

980

Alan Hart
From:

Alan Hart <Aian.Hart@Ridgelandms.org>


Tuesday, July 21, 2015 8:30 AM
drainage letter

Sent:
Subject:

Can one of you get me a copy of the revised letter from Bill Colson that uses "Renaissance Phase 3" instead of "Santa
Claus Project"? I don't have contact info for Bill.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853--2030
alan.hart@ridgelandms.org
www.ridgelandms.org
lnotcltv<>t

RIDGElAND

981

Alan Hart
From:

Sent:
Subject:

Alan Hart <Aian.Hart@Ridgelandms.org>


Tuesday, July 21, 2015 3:42 PM
Santa Claus traffic demands

Andrew,
I'm working on a host of good points about the Santa Claus project and need some information about traffic. If you
could get me some average daily traffic demands for the Santa Clause store, I think we could reasonably estimate the
traffic demands for the remaining square footage for the entire development. Unfortunately, I need this information
ASAP.
Thanks in advance!

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org

982

Alan Hart
From:

Sent:
Subject:

Alan Hart <Aian.Hart@Ridgelandms.org>


Tuesday, July 21, 2015 6:53 PM
Re: Santa Claus traffic demands

Great info. Lower traffic than my guess.


Thanks!
Sent from my iPhone
On Jul 21, 2015, at 6:03 PM, Andrew Mattiace <andrew@mattiace.com> wrote:
Alan,
We have confirmed with Jeff Rutter the following traffic information:
The traffic count is 3,100 automobiles/day. (Santa -1,600 I Rest of center- 1,500)
Delivery trucks to Santa- 4-6 per day between the hours of 4-6AM. One fuel center truck per day.
The balance for the rest of the center will be approximately 12 trucks per week.
Deniese Wright
E~xecutive Assistant, Andrew Mattiace

MATTI ACE
Real E:suuc Development, JlfaJwgcrncnt and Broken~gc
125 S<nt1h Congress St-reet
Suite 1800
Jackson, i\:IS 39201
Phon~601.352.1818

Fax: 601.352.1820
dwright@mattiace.com
andrcw(q}ma ttiacc. com
www.rna tt:iacc.com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Tuesday, July 21, 2015 3:42 PM


To: Andrew Mattiace
Subject: Santa Claus traffic demands
Andrew,
I'm working on a host of good points about the Santa Claus project and need some information about
traffic. If you could get me some average daily traffic demands for the Santa Clause store, I think we
could reasonably estimate the traffic demands for the remaining square footage for the entire
development. Unfortunately, I need this information ASAP.
Thanks in advance!

983

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157

PH: (601) 856-3877 ext 1033 FAX: (601) 8532030


alan.hart@ridgelandms.org
www.ridgelandms.org
<image001.jpg>

984

Alan Hart
From:

Sent:
Subject:

Alan Hart <Aian.Hart@Ridgelandms.org>


Tuesday, July 21, 2015 6:53 PM
Re: Santa Claus traffic demands

Great info. Lower traffic than my guess.


Thanks!
Sent from my iPhone
On Jul 21, 2015, at 6:03 PM, Andrew Mattiace <andrew@mattiace.com> wrote:
Alan,
We have confirmed with Jeff Rutter the following traffic information:
The traffic count is 3,100 automobiles/day. (Santa -1,600 I Rest of center -1,500)
Delivery trucks to Santa- 4-6 per day between the hours of 4-6AM. One fuel center truck per day.
The balance for the rest of the center will be approximately 12 trucks per week.
Deniese Wright
Executive ..:\ssistant, Andrew i\Jattiace

MATTI ACE
Real E:uate DevelopmeiJt, ilfmwgemc11t a11d Brokeruge
125 Sou1h Congress Street

Suite: 1SOO
Jackson, i\JS 39201
Phone: 601.352.1818
Fax: 601.352.1820

dwright@mattiace.com
a ndrcwui)ma ttiacc. com
www .rna t tiace. com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Tuesday, July 21, 2015 3:42 PM


To: Andrew Mattiace
Subject: Santa Claus traffic demands
Andrew,
I'm working on a host of good points about the Santa Claus project and need some information about
traffic. If you could get me some average daily traffic demands for the Santa Clause store, I think we
could reasonably estimate the traffic demands for the remaining square footage for the entire
development. Unfortunately, I need this information ASAP.
Thanks in advance!

985

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601} 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org

<imageOOl.jpg>

986

Alan Hart
From:

Sent:
Subject:

Davis, Mark <markdavis@joneswalker.com>


Thursday, April 23, 2015 2:42 PM
Proposed Amendment of Zoning Code

Andrew Mattiace's company, MHC Land, LLC, is approaching the time that it will sign a contract with the proposed
purchaser of the Santa site on Highland Colony Parkway. The Purchase and Sale Agreement will require that the seller
make representations about the zoning status of the property, including the fact that the property can be used for a
vehicle fueling facility. Since the Santa site is zoned C-2, the seller cannot make that representation without an
exception to explain that the property cannot be used for a vehicle fueling facility. Andrew indicated that the City is
proposing an amendment of the zoning code to resolve that matter. To make the exception in the Purchase and Sale
Agreement acceptable, the seller will need to provide an explanation about the proposed amendment. A copy of the
proposed amendment and a proposed schedule for its adoption would be helpful to keep the proposed transaction
moving. Can you provide a copy of the proposed amendment and information about the proposed schedule?

ONES
\XfALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

987

Alan Hart
From:

Sent:
Subject:

Davis, Mark <markdavis@joneswalker.com>


Thursday, April 23, 2015 7:15 PM
RE: Proposed Amendment of Zoning Code

Will do.

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Thursday, April 23, 2015 3:14PM


To: Davis, Mark
Cc: Andrew Mattiace; Gene McGee; 'Jerry Mills'

Subject: RE: Proposed Amendment of Zoning Code


Yes. I will have something to you by the beginning of next week provided Andrew can offer me some specific
parameters ofthe project, which will assist me in shaping the 'draft' ordinance amendment. Information like use types
and square footages of each would be a good start. I would also ask for any wisdom regarding anything else that would
make this development unique to any other.
We also discussed the importance of making the uses "Permitted Uses".
The quickest schedule can take this shape:
1. May 4th (Work Session)- Present the draft language to the Mayor and Board of Aldermen for consideration to
set a Public Hearing.
2. June 2"d (Board Meeting)- Conduct Public Hearing; Mayor and Board can consider adoption of the Amendment
3. June 12th- If approved, Last day for an objector to file a Bill of Exceptions
4. July 1st -If approved, Amendment becomes effective.
Andrew should be able to weigh his risk management based on Mayor and Board reaction, public hearing participation,
etc.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 8.56-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www. ridgeland ms.org

988

lllultyol

RIDGE.LAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Thursday, April 23, 2015 2:42 PM


To: Alan Hart
Cc: Andrew Mattiace
Subject: Proposed Amendment of Zoning Code
Andrew Mattiace's company, MHC Land, LLC, is approaching the time that it will sign a contract with the proposed
purchaser of the Santa site on Highland Colony Parkway. The Purchase and Sale Agreement will require that the seller
make representations about the zoning status of the property, including the fact that the property can be used for a
vehicle fueling facility. Since the Santa site is zoned C-2, the seller cannot make that representation without an
exception to explain that the property cannot be used for a vehicle fueling facility. Andrew indicated that the City is
proposing an amendment of the zoning code to resolve that matter. To make the exception in the Purchase and Sale
Agreement acceptable, the seller will need to provide an explanation about the proposed amendment. A copy ofthe
proposed amendment and a proposed schedule for its adoption would be helpful to keep the proposed transaction
moving. Can you provide a copy of the proposed amendment and information about the proposed schedule?

a
JONES
\'XTALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www. joneswalker.com

989

Alan Hart
From:

Sent:
Subject:

Davis, Mark <markdavis@joneswalker.com>


Thursday, April 23, 2015 7:15 PM
RE: Proposed Amendment of Zoning Code

Will do.

ONES
\VALKER

Mark T. Davis

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Thursday, April 23, 2015 3:14PM


To: Davis, Mark
Cc: Andrew Mattiace; Gene McGee; 'Jerry Mills'
Subject: RE: Proposed Amendment of Zoning Code
Yes. I will have something to you by the beginning of next week provided Andrew can offer me some specific
parameters of the project, which will assist me in shaping the 'draft' ordinance amendment. Information like use types
and square footages of each would be a good start. I would also ask for any wisdom regarding anything else that would
make this development unique to any other.
We also discussed the importance of making the uses "Permitted Uses".
The quickest schedule can take this shape:
1. May 4th (Work Session)- Present the draft language to the Mayor and Board of Aldermen for consideration to
set a Public Hearing.
2. June 2"ct (Board Meeting)- Conduct Public Hearing; Mayor and Board can consider adoption of the Amendment
3. June 12th- If approved, Last day for an objector to file a Bill of Exceptions
4. July 1st -If approved, Amendment becomes effective.
Andrew should be able to weigh his risk management based on Mayor and Board reaction, public hearing participation,
etc.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 8532030
alan.hart@ridgelandms.org
www.ridgelandms.org

990

rturdtyot

RIDGElAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Thursday, April 23, 2015 2:42 PM


To: Alan Hart
Cc: Andrew Mattiace
Subject: Proposed Amendment of Zoning Code
Andrew Mattiace's company, MHC Land, LLC, is approaching the time that it will sign a contract with the proposed
purchaser of the Santa site on Highland Colony Parkway. The Purchase and Sale Agreement will require that the seller
make representations about the zoning status of the property, including the fact that the property can be used for a
vehicle fueling facility. Since the Santa site is zoned C-2, the seller cannot make that representation without an
exception to explain that the property cannot be used for a vehicle fueling facility. Andrew indicated that the City is
proposing an amendment of the zoning code to resolve that matter. To make the exception in the Purchase and Sale
Agreement acceptable, the seller will need to provide an explanation about the proposed amendment. A copy of the
proposed amendment and a proposed schedule for its adoption would be helpful to keep the proposed transaction
moving. Can you provide a copy ofthe proposed amendment and information about the proposed schedule?

JONEs.B

'X!ALKER

Mark T. Davis

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@ joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

991

Alan Hart
From:

Sent:
Subject:

Davis, Mark < markdavis@joneswalker.com >


Friday, April 24, 2015 1:08 PM
Impact Fees

Andrew asked me to confirm what impact fees will affect the Santa site. He thinks the traffic impact fee has been
repealed, but wants to properly account for that one and any others, such as a sewer impact fee or a water impact
fee. What info can you provide?

Mark T. Davis

JC)_NES.
\VALKER

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

992

Alan Hart
From:

Gene McGee <Mayor.McGee@Ridgelandms.org>


Friday, April 24, 2015 2:36 PM
RE: Impact Fees

Sent:
Subject:

We have no traffic impact fees


Gene F. McGee, CMO
Mayor

City of Ridgeland
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
601.856.7113 ext. 1013 Fax 601.856.7819
mayor.mcgee@ridgelandms.org
www. ridgela ndms.org

1ho~~ clty ot

Rl DGElAN D

From: Alan Hart

Sent: Friday, April 24, 2015 1:31 PM


To: Gene McGee
Subject: FW: Impact Fees
Can you give me a good answer to this question with respect to the traffic impact fee? I will have Karen provide me the
information for the water and sewer, which are not called "impact fees".

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39:!.57
PH: (601) RS6~3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www .ridgelandms.org
1nectwot

RIDGElAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Friday, April 24, 2015 1:08 PM


To: Alan Hart
Cc: andrew@mattiace.com
Subject: Impact Fees
1

993

Andrew asked me to confirm what impact fees \;Viii affect the Santa site. He thinks the traffic impact fee has been
repealed, but wants to properly account for that one and any others, such as a sewer impact fee or a water impact
fee. What info can you provide?

Mark T. Davis

JONES

"

\VALKER

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

994

Alan Hart
From:
Sent:
Subject:

Davis, Mark <markdavis@joneswalker.com>


Friday, May 01, 2015 5:12 PM
RE: Proposed Amendment to Zoning Ordinance

I saw that and assumed that you were. I made a few tweaks that I need to go over with Andrew. I'm trying to tie him
down long enough to do so.
From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Friday, May 01, 2015 2:54 PM


To: Davis, Mark
Subject: RE: Proposed Amendment to Zoning Ordinance
Mark,
One other critical point that I left out was that I will be recommending that we place "Large Master Planned Commercial
Development" as a Permitted Use in C-2.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 8563877 ext 1033, FAX: (601) 853 2030
alan.hart@ridgelandms.org
www.ridgelandms.org
1tw attv ot

Rl DGElAN D

From: Alan Hart

Sent: Friday, May 01, 2015 9:22AM


To: 'Davis, Mark'
Subject: RE: Proposed Amendment to Zoning Ordinance
Here is my proposed language. I would like your comments before I send to Santa Claus for review. Although you are
fully aware, it is important for me to mention that this language has not been approved by the Mayor and Board and will
be subject to a public hearing, if they decide to consider it.

Replace the Section 21 "Service Station" Definition with the following language: Service Station: Any area
of land, including the structure thereon, which is used primarily for the retail sale of gasoline, diesel fuel,
ethanol, oil, propane, other fuels, and/or the sale or installation of automobile accessories and may also include
incidental services such as facilities for lubricating, washing (either automatic or by hand), and cleaning, or
otherwise servicing automobiles and light trucks. This term does not include the painting or major repair of
vehicles.
1

995

Add to Section 21 Definitions the following definition: Large Master Planned Commercial
Development: Any large commercial development that contains at least one retail/wholesale occupant
exceeding 125,000 square feet of heated and cooled space for the indoor display and sale of goods, a site with a
minimum of 15 acres, access to an Arterial Street, and approved by the Mayor and Board of Aldermen which
may or may not include conditions. Large Master Planned Commercial Developments may include any of the
uses permitted in the underlying Zoning District as well as Service Stations; Banks, branch banks, drive-thru
ATM's, and other banking facilities; Food product and carry-out and delivery stores, laundry and dry cleaning
pickup stations; Fast Food Restaurant with drive-thru; Fast Casual Restaurant with drive-thru; Pharmacy with a
drive-thru; and outdoor display of goods in designated areas approved by the Mayor and Board of Aldermen not
exceeding 15,000 square feet.
This amendment exceeds the singular scope of Santa Claus, and it is designed to address additional uses at multiple
locations and future potential projects.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157

PH: (601) 856 3877 ext. 1033 FAX: (601) 8532030


alan.hart@ridgelandms.org
www.ridgelandms.org
IIHt

dty

<){RIDGElAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]


Sent: Friday, May 01, 2015 6:59 AM
To: Alan Hart
Subject: Proposed Amendment to Zoning Ordinance
Please send me a copy of the proposed Amendment to the Zoning Ordinance when it is available. Thanks.

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

Mark T. Davis

C)NES,
WALKER

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

996

Alan Hart
From:

Davis, Mark < markdavis@joneswalker.com>


Wednesday, May 06, 2015 1:14 PM
RE: Proposed revisions to proposed Amendment to Zoning Ordinance

Sent:
Subject:

Will do. Thanks.

JClNES .

~!ALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]


Sent: Wednesday, May 06, 2015 8:07 AM
To: Davis, Mark
Cc: andrew@mattiace.com

Subject: RE: Proposed revisions to proposed Amendment to Zoning Ordinance


The Mayor and Board approved the attached Amendment for consideration at the June 2, 2015 Board Meeting. I will be
sending the Notice to the paper tomorrow. Please offer this information to Santa Claus and explain the amendment
language.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856 3877 ext. 1033 F!\X: (601) 853 2030
alan.hart@ridgelandms.org
www.ridgelandms.org
llldtyot

RIDGELAND

From: Davis, Mark [mailto:markdavis@joneswalker.com]


Sent: Tuesday, May 05, 2015 4:08 PM
To: Alan Hart
Cc: andrew@mattiace.com

Subject: Proposed revisions to proposed Amendment to Zoning Ordinance


Andrew and I discussed your draft of the proposed amendments to Zoning Ordinance. I can report the following:

Replace the Section 21 "Service Station" Definition. Your proposed language is acceptable for the new definition ..
1

997

Add to Section 21 Definitions the following definition: Large Master Planned Commercial Development:
Any large commercial development consisting of a group of one ( 1) or more contiguous separately owned or
ground leased tracts or parcels that contain, among the group of tracts or parcels, at least one building for
occupancy for retail/wholesale purposes exceeding J 00,000 square feet of heated and cooled space for the
indoor display and sale of goods, a site with a minimum of 15 contiguous acres, access to an Arterial Street, and
approved by the Mayor and Board of Aldermen which may or may not include conditions. Large Master
Planned Commercial Developments may include any of the uses permitted in the underlying Zoning District as
well as Service Stations; Banks, branch banks, drive-thru ATM's, and other banking facilities; Food product
and carry-out and delivery stores, laundry and dry cleaning pickup stations; Fast Food Restaurant with drivethru; Fast Casual Restaurant with drive-thru; Pharmacy with a drive-thru; and outdoor display of goods in
designated areas approved by the Mayor and Board of Aldermen in one (1) or more locations not exceeding an
aggregate of 15,000 square feet.
As you mentioned, the following needs to be added to Section 410.02.:
M. Large Master Planned Commercial Development
I have one question about the C-2 classification. Does "Maximum Lot Coverage" limit parking improvements or just
building improvements?
I'll be glad to explain our thinking in regard to the new language. Please give me a call if you want to discuss it.

JONES
\"XTALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

998

Alan Hart
From:

Andrew Mattiace <andrew@mattiace.com>


Friday, May 08, 2015 4:31 PM
FW: Revised Santa Plans - Alternate

Sent:
Subject:

Alan,
Call me after you review.
Thanks,
Andrew ::.Vlattiace
President

MATTIACE
Real Estate Dcvclopme11t;

111:m;~g-cirJc1lt

;md Broken~g-c

125 South Congress Street


Suite 1800
Jackson, J\:IS 39201
Phone: 60 J .352.18 J8
Fax: 601.352.1820
gndt:t,:.W@!IlgtJiitt;;.<;;,t;;Q!n

www.1.1h1ttiace.corn

From: Alan Grant [mailto:agrant@deandean.com]

Sent: Thursday, May 07, 2015 1:08 PM


To: Davis, Mark

Subject: RE: Revised Santa Plans


Here is the alternate plan.
Alan.

999

/
/

'

lj

/;
f

I /

\ \\
\
1000

Alan Hart
From:

Davis, Mark <markdavis@joneswalker.com>


Wednesday, May 27, 2015 2:33 PM
RE: Proposed Amendment of Zoning Code

Sent:
Subject:

Is the amendment on tract for adoption?

ONES

J ~TALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Thursday, Apri123, 2015 3:14PM


To: Davis, Mark
Cc: Andrew Mattiace; Gene McGee; 'Jerry Mills'
Subject: RE: Proposed Amendment of Zoning Code
Yes. I will have something to you by the beginning of next week provided Andrew can offer me some specific
parameters of the project, which will assist me in shaping the 'draft' ordinance amendment. Information like use types
and square footages of each would be a good start. I would also ask for any wisdom regarding anything else that would
make this development unique to any other.
We also discussed the importance of making the uses "Permitted Uses".
The quickest schedule can take this shape:
1. May 4th (Work Session)- Present the draft language to the Mayor and Board of Aldermen for consideration to
set a Public Hearing.
2. June 2nd (Board Meeting)- Conduct Public Hearing; Mayor and Board can consider adoption of the Amendment
3. June lih- If approved, Last day for an objector to file a Bill of Exceptions
4. July l 5t - If approved, Amendment becomes effective.
Andrew should be able to weigh his risk management based on Mayor and Board reaction, public hearing participation,
etc.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway Sl Ridgeland, !VIS 39157
PH: (601) 856-3877 ext. 1033, FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org

1001

,.,. c~tr ul Rl DGEtAN D

From: Davis, Mark [mailto:markdavis@joneswalker.com]

Sent: Thursday, April 23, 2015 2:42 PM


To: Alan Hart
Cc: Andrew Mattiace
Subject: Proposed Amendment of Zoning Code
Andrew Mattiace's company, MHC Land, LLC, is approaching the time that it will sign a contract with the proposed
purchaser of the Santa site on Highland Colony Parkway. The Purchase and Sale Agreement will require that the seller
make representations about the zoning status of the property, including the fact that the property can be used for a
vehicle fueling facility. Since the Santa site is zoned C-2, the seller cannot make that representation without an
exception to explain that the property cannot be used for a vehicle fueling facility. Andrew indicated that the City is
proposing an amendment of the zoning code to resolve that matter. To make the exception in the Purchase and Sale
Agreement acceptable, the seller will need to provide an explanation about the proposed amendment. A copy of the
proposed amendment and a proposed schedule for its adoption would be helpful to keep the proposed transaction
moving. Can you provide a copy of the proposed amendment and information about the proposed schedule?

Mark T. Davis

JC)NES.
\X!ALKER

Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

1002

Alan Hart
Venable, Daniel <dan@northwestatlantic.com>
Friday, July 10, 2015 10:47 AM
Project Santa Claus

From:

Sent:
Subject:

Mayor McGee,
I hope you are doing well and having a good summer. We continue making progress on project Santa Claus, and I will be
at our corporate offices in a 10 days to provide an update to our senior management. Can you provide me with an
update on the status of the Lake Harbour Drive extension over to Highland Colony Road?
Clearly, the completion of this road project is important in our decision making to move forward on this
transaction. Specifically, I am looking for something that resembles a project schedule that lists all of the major
milestones including: financing, completion of engineering plans, acquisition of all rights-of-way, ground-break, various
construction milestones and completion date.
Thank you for your help with this, and we look forward to continuing to work with you.
Dan Venable
From: Gene McGee [mailto:Mayor.McGee@Ridgelandms.org]

Sent: Wednesday, November 05, 2014 5:24 PM


To: Venable, Daniel
Subject: Visit
Dan
It was a pleasure to meet with you all today. Please know that we stand ready to work with you to successfully locate
Costco to The City of Ridgeland. Our staff will bend over backwards to assist you with all your needs. I look forward to
meeting with you all again soon, in the meantime if we can provide you with any information that will help in making
your decision, please let us know.
Again thank you for granting us time out of your busy schedule.

Gene F. McGee, CMO


Mayor
City of Ridgefond
P.O. Box 217 Ridgeli:md, MS 39158
304 Highway 51 Ridgeland, MS 3915 7
601.8Sb.7113 ext. 1013 Fax 601.856.7819
mayor.mcgee(roridgelandms.org
www.ridgelandms.org
o

1003

Alan Hart
From:

Sent:
Subject:

Gene McGee <Mayor.McGee@Ridgelandms.org>


Friday, July 10, 2015 11:15 AM
RE: Project Santa Claus

I will get that to you right away.


Thanks
Gene F. McGee, CMO
Mayor
City of Ridgeland

P,O. Box 217 f{idgeland, IVJS 39158


304 Highwi1y 51 Ridgeland, i\!15 39157
601.856.7113 ext. 1013 Fax 601.856.7819
mayor.mcgee@ridgelandms,org
www,ridgelandms.org

From: Venable, Daniel [mailto:dan@northwestatlanticcom]


Sent: Friday, July 10, 2015 10:47 AM
To: Gene McGee
Cc: Alan Hart; Jeff Kimbrell; Justin Davis
Subject: Project Santa Claus

Mayor McGee,
I hope you are doing well and having a good summer. We continue making progress on project Santa Claus, and I will be
at our corporate offices in a 10 days to provide an update to our senior management. Can you provide me with an
update on the status of the Lake Harbour Drive extension over to Highland Colony Road?
Clearly, the completion of this road project is important in our decision making to move forward on this
transaction. Specifically, I am looking for something that resembles a project schedule that lists all ofthe major
milestones including: financing, completion of engineering plans, acquisition of all rights-of-way, ground-break, various
construction milestones and completion date.
Thank you for your help with this, and we look forward to continuing to work with you.
Dan Venable
From: Gene McGee [mailto:Mayor.McGee@Ridgelandms.org]

Sent: Wednesday, November 05, 2014 5:24 PM


To: Venable, Daniel
Subject: Visit
Dan
It was a pleasure to meet with you all today. Please know that we stand ready to work with you to successfully locate
Costco to The City of Ridgeland. Our staff will bend over backwards to assist you with all your needs. I look forward to
1

1004

meeting with you all again soon, in the meantime if we can provide you with any information that will help in making
your decision, please let us know.
Again thank you for granting us time out of your busy schedule.

Gene F. McGee, CMO


Mayor
City of Ridgeland
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, 1\115 39157
601.856.7113 ext. 1013 Fax 601.856.7819
mayor.mcgee@ridgelandms.org
www.ridgelandms.org

1005

Alan Hart
From:
Sent:
Subject:

Gene McGee <Mayor.McGee@Ridgelandms.org>


Sunday, July 12, 2015 11:51 AM
RE: Project Santa Claus

Importance:

High

Daniell am going to be out of the office Monday and Tuesday having a medical procedure and will be in deposition
preparing on Wednesday, so I wanted to go ahead and send you information today and get you more information at the
end of the week. First of all right of way acquisition is going very well and in fact should be completed in 30 to 60 days.
Plans are complete for the most part except for a few changes at the railroad which should be done within a week or
two. Financing is complete so that is not a problem. Some utilities have to be relocated and will be completed as soon as
the ROW is finished. I expect to have the project ready to bid by the end of 2015 or early 2016. As you know the total
construction to completion is 18 months, I expect to cut a ribbon on the road by mid-2017.
As you know the city of Ridgeland is committed to getting this project done and is investing a large amount of capital to
do so. We have a reputation for getting the job done and this case is no different.
Thanks for working with us. We look forward to the completion of our project as well as yours.
Gene F. McGee, CMO
Mayor
City of Ridgeland
P.O. Box 217 Ridgeland, fvlS 39158
304 Highway 51 Ridgeland, fvlS 3915/
601.856.7113 ext 1013 Fax 601.856.7819
mayor.mcgee@ridgelandms.org
www.ridgelandms.org

tn~ltyo!

RIDGElAND

From: Venable, Daniel [mailto:dan@northwestatlantic.com]


Sent: Friday, July 10, 2015 10:47 AM
To: Gene McGee
Cc: Alan Hart; Jeff Kimbrell; Justin Davis
Subject: Project Santa Claus
Mayor McGee,
I hope you are doing well and having a good summer. We continue making progress on project Santa Claus, and I will be
at our corporate offices in a 10 days to provide an update to our senior management. Can you provide me with an
update on the status of the Lake Harbour Drive extension over to Highland Colony Road?
Clearly, the completion of this road project is important in our decision making to move forward on this
transaction. Specifically, I am looking for something that resembles a project schedule that lists all of the major
milestones including: financing, completion of engineering plans, acquisition of all rights-of-way, ground-break, various
construction milestones and completion date.
Thank you for your help with this, and we look forward to continuing to work with you.
1

1006

Dan Venable

From: Gene McGee [mailto: Mayor. McGee@Bidgelandms.org]

Sent: Wednesday, November 05, 2014 5:24 PM


To: Venable, Daniel
Subject: Visit
Dan
It was a pleasure to meet with you all today. Please know that we stand ready to work with you to successfully locate
Costco to The City of Ridgeland. Our staff will bend over backwards to assist you with all your needs. I look forward to
meeting with you all again soon, in the meantime if we can provide you with any information that will help in making
your decision, please let us know.
Again thank you for granting us time out of your busy schedule.

Gene F. McGee, CMO


Mayor

City of Ridqeland
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
601.856.7113 ext. 1013 Fax 601.856.7819
mayor.mcgee@ridgelandms.org
www.ridgelandms.org
lhHity ol

Rl DGELAN D

1007

Alan Hart
Andrew Mattiace <andrew@mattiace.com>
Friday, July 10, 2015 1:42 PM
FW: Santa Claus

From:

Sent:
Subject:

From: Danny Ryals [mailto:danny.ryals@neel-schaffer.com]

Sent: Friday, July 10, 2015 12:43 PM


To: Julie Miller
Cc: Bill Colson; Phil@aquaeng.us; Andrew Mattiace; Chuck Lott; Walt Dinkelacker; Davis, Mark
Subject: FW: Santa Claus

Everyone,
The link below will allow you to download a copy of latest overall site plan (.pdf and .dwg). Should anyone have any
questions or need any additional information, please call.
Thanks,
Danny Ryals
From: Ginny Bates
Sent: Friday, July 10, 2015 11:33 AM
To: Danny Ryals
Subject: Santa Claus

This message contains attachments delivered via ShareFile.


12565-RoughGrading_07-10-15.pdf (1.3MB)
12565-RoughGrading_07-10-15.z (13.1 MB)

Download the attachments by clicking here.

L~-~~~~-~~~-~~~~--~~~=~~--~-=-~=~~~-~~--=~-~-~--~-~=-~-=---------~--~~----~~--~---

Rename extension from "z" to "zip" to unzip drawing files.

NEEL-SCHAFFER
... tuN..,.
u ..... ,.. , .,.,., .,, .....
)""'#

Ginny Bates
Technician IV
Civil/Site Engineering Department
Neei-Schaffer, Inc.
1022 Highland Colony Parkway, Suite 202
Ridgeland, MS 39157
Phone: (601) 898-3358 Ext. 232
Fax: (601) 898-8454
ginny. bates@neel-schaffer.com
www.neel-schaffer.com

1008

Neei-Schaffer, Inc. Confidentiality Note:


Information contained in this message along with any attochment{s} may be confidential and protected hy legal privilege. This
message is meant solely for the use of the individuaf(s} to whom it is addressed. \/iewinq or the use of information and ottochment(s)
within this rne:;sage without the expressed permission of Nee/Schajff::r. Inc. is prohibited. If you are not the intended recipient of tM;
messoge, NeefSchafj'er, Inc. requests you toke immediate action to notify the sender oj the eaor and that you delete this message
and all attm:hments without modtfying, copying or distributing its content.

1009

Alan Hart
From:

Sent:
Subject:
Attachments:

Deniese Wright <dwright@mattiace.com>


Wednesday, July 15, 2015 8:49 AM
Santa
AutoTurn_07-13-15 Model (1).pdf

Alan,
Andrew asked me to send you the attached. (Preliminary layout (noted in purple) for the secondary south entrance for
project Santa Claus)

Deniese \'</right
Executive Assistant:, Andrew .\lattiace

MATTIACE
Real Esttlte Development, !Ylima,gement and Brokerage
125 South Congress Street
Suite 1800

Jackson, MS 39201
Phone: 601.352.1818
Fax: 601 ..)52.1820
dwright@mattiace.com

;mdrG\v@m.<l.tdi\.l:;.e. !:;Dm
www.rnartiacc.coJ.n

1010

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1011

Alan Hart
From:
Sent:
Subject:
Attachments:

Danny Ryals <danny.ryals@neel-schaffer.com>


Wednesday, July 15, 2015 6:15 PM
FW: Project Santa Claus
CombinedChurchExh.dwg

From: Danny Ryals


Sent: Wednesday, July 15, 2015 5:52 PM
To: 'Alan Hart'
Cc: Chuck Lott
Subject: Project Santa Claus
Alan,
Attached is a copy of the site drawing you requested. Sorry it took so long, but our internet system went down and just
came back up. Should you have any questions or need any additional information, please call.
Thanks,
Danny Ryals
Neei-Schaffer, Inc. Confidentiality Note:
Information contained in this message along with any ottochment(s) may be confidential and protected by !ega! privilege. This
message is meant solely for the use of the individual{s) to whom it is addressed. Viewing or the use oj' information and attachment(s)
within this message without the expressed permission of Neef-Schoffer, Inc. is prohibited. If you are not the intended recipient of this
messaqe, Nee!Schaffer~ Inc. requests you take immediate action to notify the sender of the error ond that you delete this message
und ali ouochrnents without modifying, copying or distributing its content.

1012

Alan Hart
From:

Sent:
Subject:
Attachments:

Danny Ryals <danny.ryals@neel-schaffer.com>


Wednesday, July 15, 2015 5:55 PM
Project Santa Claus
CombinedChurchExh.dwg

Alan,
Attached is a copy of the site drawing you requested. Sorry it took so long, but our internet system went down and just
came back up. Should you have any questions or need any additional information, please call.
Thanks,
Danny Ryals
Neei-Schaffer, Inc. Confidentiality Note:
Information contained in this message along with any attachment(~) may be confidential and protc>cted hy /ega! privilege. This
message is meant solely for the use of' the indfvidual(s) to whom it is addressed. Viewing or the use of' information and attochment(s)
wfihin this me.s.';age without the expressed permission of Neef.Schajfer, Inc. is prohibited. If you are not the intended recipient of this
message, Neef-Schaff'er, Inc. requests you take immediate action to notify the sender of the error and that you delete this message
und all ottachrnents vvithout modifying, copying or distributing its content.

1013

Alan Hart
From:

Sent:
Subject:
Attachments:

chucklott130@att.net
Wednesday, July 15, 2015 6:31 PM
Project Santa Claus
CombinedChurchExh.dwg

Alan,
Attached is the exhibit drawing for the shared entrance with the Christ
Life Church of the Highlands that you requested.
Chuck

mail2web LIVE Free email based on Microsoft Exchange technology http://link.mail2web.com/LIVE

1014

Alan Hart
From:

Deniese Wright <dwright@mattiace.com>


Friday, July 17, 2015 2:34PM
FW: Info Needed by Alan Hart

Sent:
Subject:

The attached as per our conversation.

Deniese \XIright
Executive ,\ssistant, i\ndrew Mattiace

MATTIACE
Rt;,t/ Estate Developmt'nt;

~fam~lfement ;,mdBroken~lfC

125 South Congress Street


Suite 1800
Jackson, rvrs 39201
Phone: 601.352.1818
Fax: 601.352.1820
dwright@mattiace.com
andrew(ii)m attiace. com
\Y\Y\YATll\J.ri\.l<;Q,..<;Qm

From: Danny Ryals [mailto:danny.ryals@neel-schaffer.com]


Sent: Friday, July 17, 2015 1:05 PM
To: Deniese Wright
Cc: Chuck Lott; Bill Colson
Subject: FW: Info Needed by Alan Hart
Deniese,
Attached is a copy of the description information sent from Maptech in regard to your recent email. Please review and
if this is not the information you need in regards to the descriptions just let me know.
Thanks,
Danny Ryals

From: Chris Pesnell


Sent: Friday, July 17, 2015 12:53 PM
To: Danny Ryals
Cc: Chuck Lott
Subject: RE: Info Needed by Alan Hart
Danny, please see attached. The City's property is indicated on the face of the preliminary plat by referencing the name,
deed book and page.
Chris Pesnell, P.S., CFedS

Vice President

IIMAPTECH.

INC.

, , s .. n..,tc I MappkliJI hmote Smsl"t

3181 Greenfield Road


1

1015

Jackson, Ms. 39208


Cell: 601-622-0768
Office: 601-664-1666
Fax: 601-664-1890
From: Danny Ryals
Sent: Friday, July 17, 2015 12:28 PM
To: Chris Pesnell
Cc: Chuck Lott
Subject: FW: Info Needed by Alan Hart
Chris,
I need your help with the legal description for the 45 acres and the city's property in regards to project Santa Claus.
need to get this information by Monday.
Thanks,
Danny Ryals
From: Deniese Wright [mailto:dwright@mattiace.com]
Sent: Friday, July 17, 2015 11:46 AM
To: Danny Ryals; BiiiColson
Cc: Andrew Mattiace
Subject: Info Needed by Alan Hart
Danny and Bill,
The following information is needed by Alan Hart:

Total storage capacity in the detention pond and what is the capacity for our detention.
A map of the boundary for the storage shed.
Legal description for the 45 acres.
Legal description of the City property.

Thanks,
Deniese \Vrigh1"
Executive Assistant, Andrew Mattiace

MATTIACE
RcHl Et>LHtc Dcvcioprncnt, JJianagcmcnt :md Brokerage

125 South Congress Street


Suite 1800
Jackson, MS 39201
Phone: 601.352.1818
Fax: 601.352.1820
dwrigh t@ma ttiace.com
andrew({t1mattiace.com
WW\V.mattiace.COHl

Neei-Schaffer, Inc. Confidentiality Note:


!nj(mnatfon contoined in this message along with any attachrnent{s} may be confidential and protected by legal privilege. This
messoQe is meant solely for the use of the individual(s) to whom it is addressed. ViewinQ or the use
information unci anochment{s)
2

1016

within this message without the expressed perrnisslon of Nec!Schojfer, Inc. is prohibited. If you are not the intended recipient of this
message; NeeiSchaffer, Inc requests you toke immediate action to not1jy the sender of the error and that you delete this message
and off oUachments vviUwui modifying, copving or distributing its content.

1017

XND~l.JlJQ

INS'fRUC'rtONB 1

Part of tho !loot 1/2 of the


NE 1/4 of Saot1on 26 1 T7N 1 Rl&

1'?.lbll4
FOR liND IN COHSIP!!MTION of the sum of Tan Dollars ($10,00)
oasll in hand paid, and other good and valuable condc:leration, the
~eoeipt

and sufticianoy of all of which are hereby acknowledged,

the undersigned, OLaH BEATON,

SA~

DOUGLAS, AWNlB SMITH and BENX&

EARL BEATON, do hereby sell, convey and warrant unto the OITY

ov

RIDGELAND, KlSSlBBIPPX, a Municipal corporation under the laws of


the state Of Mississippi, the followinq descidbed land and property
situated in

Hadi~on

County, state of Mississippi, to-wits

Part of ~he wast. 1/2 of the NR. 1/4 of Section


25, T?N, R1E, Ridgeland, Madison county, Miss.
and being more particularly described as
follOWS I
BEGINNING at a Right of Way Ma~ke~ markinq the
Intersection of the west Right of Way of
Interstate Highway 55 with the southerly Right
of Way of the Natchez Tract Parkway and run
thanes N 21 degrees 27 minutes 3? seconds W ~
l 1 377.1U' along the Southerly Right of Way of
the Natohs2 'l'raot Parkway/ l:henoe leaving tha
Southerly Right of Way of the Natchez Tract
ParkwPy, run s 02 dagrees 46 minutes ~4
seoonde E ~ 292.91 1 along an extension of an~
,along the East line of a 25' sanitary sewer
Raaemsnt1 run thence S 13 degrees 3~ minutes
oo asoonda E ~ 281.22 1 along the East line of
a 26' sanitary Sewer Easement; run thonca s 19
degrees 59 minutes 59 aeoonds E - 402,20 1
along the East line of a 25' sanitary sewer
Easement/ run thence s 06 degrees 04 minutes
44 w 829.49 1 along the East line of a 25'
Sanitary Sewer Easement and a southerly
extension thereof to a fence marking the
common boundary betwean the Beaton Tract and
the Johnson Traot1 ~un thence s 85 degrees 29
minuteR 07 seconds l!l - 147. 79' and with tho
meanders of the a~!d fence to the West Right
of Way of Intaretata Highway 551 run thanoa N
24 daqrees 25 minutes 42 seconds R ~ 428,96 1
alonq tho West Right of Way of Interstata
Highway 55/ run thence N 24 deqreee 21 minutes
45 seconds ll - 200.00 1 along the West Right ot
Way of Interstate Highway 55 to the POINT OF
BEGINNING.
Containing 6,892 acres mora or less,
As a further consideration for this conveyance, at such time
as the Grantee shall excavate and construct the retention/detention
facilities to be placed on the property, at Grantors' sole option

1018

.'
the dirt materials excavated from the al:>ove d.esoribad property
~hall

l:>e placed on the Grantors' adjacent property for the sole use

and benefit of the

Gr~ntors,

The. placement of such materials shall

be done in accordanca with good engineering practices, and in

~>Uch

a way and in such a manner that same does not constitute a hazard
or interfere with

Grant~rs 1

acc<;tss to their adjacent property,

Grantee covenants not to disturb or damage Grantors' adjacent


prope:o:ty beyond tllat wnJ.cll is necessary to and for the proper
placement of said materials and agrees to restore tile surface of
Grantora'. adjacent property in the event the a a me ia disturbed by/
Grantee during the excavation of the fill

~aterial

thereon on the Grantors' adjacent property.


creQk

storm

drainage

retention/detention

improvements,

facility

for

and placement

Should the

which

this

land

Purp~e

to

ant~oipated

ie

bo
being

pu:o:.ohased, not be l:>uilt by Grantea, pric:>r to any. other use or prio~


to the sale of the parcel hereby conveyed, Grantee herein hereby
agraee to offer the same to Grantors for the same consideration
paid by Gran tea to Grantors.
purcnase aaid proparty,

If Grantora herein eleot to

re~

Grantee!! herein agree to deliver to

Grantox-s 'herein the same t.t tle "s is conveyed hereby to Grantee
herein.
Notioe of this offer to se.ll and convey to Grantors herein
sllall l:>e sent

u.s.

Mail, Postage Prepaid, Return Receipt Requested

to two of the Granters named llerein at the addreas given in this


document, or to suoh other address as ahall be given to the Grantee
herein in writing,
d~te

of

~eceipt

Grantors herein shall have lSO days from the

ot said notice in which to decide whether or not

th$y wiah to repurchase the property.


decide to

re~purOh<>se

~n

the event Grantors herein

aaid property, tlley ahall notify Grantor

herein within eaid 180 day period in the sam$ manne:o: as provided
abovs, and the sale shall close within thirty days thereafter.
Grantee herein

[i

h~s

not received notice to purchase within

~aid

If
lSO

day period, then Grantee herein shall be free to use the property
or dispose of samE> as ia necessary or
herein,

deair~l:>le

l:>y the Grantee

The covenants contained in thia deed shall run with the

1019

title to the land bct:eby conveyed and be bindino;J on Grant:ea,


suoceaaora in title and aaal<.Jna,

H.~

the same to run in favor of

Grantors' adjacent land and the title thereto for a period of fifty
years from the data hereof.
The warranty or this conveyance ia subject to all ad valorem
taxes, 11hall be prorated as of the <hits of this instrument, and
Grantee assumes the payment thereof,
orantora warrant that the property conveyed <Jonatitutas no
part of their respective homa13teads,
Witness our signatures, thia tho ...::!!!:day of

1995,

A.rt:

CLilM Slli\T'ON

~--~~rARA!l

DOUGLAS

Jcdd{
BENNIE EARL SEhTON

STATE OF
COUNT'/ Of

rncn-!8

0.1\

\.DD~ 1\

PERSONALLY appsarad before me, the undersigned aut;ho.:-ity in.:'


and f~ t~ Lsaid county and state, on this W
. ~ay.: ;
of
!..A!!if.~
, 1995, within my juriBdict~on;,-_the '1
within naeci CLEM Blill\'1'0N 1 Who aoknowled<.Jed that he S)(eculeci' the,
above and foregoing instrument as his voluntary a<Jt and 11~ d~d:-" I.

1.,;f .J:/ .

Gf~~'
'' .... l,fl
MY COMMISSION NXPIRBS1

1020

[:
S'l'A'l'E OF
COUN'l'Y OF
P RSONALLY appeared before me, the under~igned agt~ority in
t r the
aid county and ~tate, on this
~
day
o~
, 1995, within my jurisdiction, the
within nam
SARAa oouo~s, who aoknowladqed that she e~ecuted the
above and foregoing instrument as her voluntary aot and deed.
and

~~~,~~.
II

,UB

~,/

MY COHMISBlON ElPlRE81
:.{/

l.

.f/.1' .

. ~1- .. i'~;:

.: t}:':.

~>}:;,~: ~,......

L
MY OOHMISSION BXPXR281

,l

'!.

'

1021

..

,.,. " .li~


COUN'l'Y

OF~--~~~-~=--------

PE SONALLY appeared befnre ma, the undersigned a~thority in


and fo
the
aid county and state, on this
~t4
day
of
1 1995 1 within my jurisdiction, the
within nam
BENNIE EAR~ DEATON, who ao~nowlsdged that he exacutod
the above and toraqoinq instrument a is volu tary,
t and deed,
NO

MY COMMISSION EXPIRBBI

!~~~~fJs\\f.~~,M<[..~~1'Uf.!~
DAu01YN'""D
THRV 41J:9M.L lf9T6RY ~hvrc

Grant.orsr

GRAN'l'BI!I

Clam seaton, Et Al.


3019 Liddesdale
Detroit, MI 48217

City of Ridgeland
Post Office Box 217
Ridgeland, MS 39158
(601) 856-7113

Mrs. Sarah Douglas


Post Oteice BOX 78
Tougaloo, MS 39174
(601) 957-4707

Mrs. Annie smith


Post Office Do~ 406
Tougaloo,.MS 39174
(601) 956-7!183

Mr. Benny seaton

22955 Valley View


southfield, Ml 4B034

l'llEl'ARED B'll
TAYLOR, COVINGTON & 'SMITH
William c. Smith, Jr.
315 Tombigbee Stroot
3rd Floor
~ost Office Box 3509
Jac~aon,

MS

39207-3509

Telephone No. (601) 969-7570

fi\BWBprAet\\ lbbye\dOUiJliS.wd

STATE OF MISSISSIPPI, COUNTY 0!' MADISON:


I certr~lhat lhe within Instrument was tiled tor record in my otllce this - ..... 9__ ... day
of --~-- 19'?t"::> , at ~--<::\
on rhe
AIIG...Jl 3-1995-'--

STEVE DUNCAN, CHANCefW CLERK

........ o'clock ..0. ..-M., and was duly recorded


..., Book No....2"'.Q.. __ ,Page ~~

BY:.----- ..... _ ...... _ ...... D.C.

1022

'

jl

I'

,:

!I

I
I

u
'I

I
I
i

'

~ ~

(-----~---

1023

POINT Of CO""EN::;

fOUND CONCRETE o>NUMENT


lOCATED AT 11-1( NORTHWEST

GRio

UNITED STATES OF AMERICA


NATCHEZ TRACE PARKWAY
DEED BOOK 79 PAGE 89

"' "'
~

CORNER OF SECTION 25. T7N

..,.

fl1E, I.IADISON COUN'TY,

0 :C:

--""'

IAISSI$SIPPI

'''"~,:;'~"~'':i:',.fi=':l/'"'"1
~r1~"'1J
. .~Tr,"~"'~"~~ssn~no;:
"=F='"'.=======h~
d"'l
I C,;,
.,
\
+

ai

~;

:::\

gg

6~
~

A 206.77'

RB66.2t'
t:.1Y-40'3a"
CB N09'"25'.}0"(

CD 206.28'

..

EIA.NCCRP SOUTH
OE:0 BOOK 2626, PACE ~49

\\

YAZOO TII.!S(Rl.,I.NQ, LLC

OE(D BOOK JtSS. PAC 7

FIRST BAN-<

UNITED STATES OF AMERICA


NATCHEZ TRACE PARKWAY
DEED BOOK 79 PAGE 89

DEED BCOK 2626. PAC( l~

NW/4

o;

NE/4

SW/4 Of N(j.:
SI.NK or YAZOO Cll'Y
OEEO 600K 2626. PACE 263
ENTERGY 15" WIDE EASEMENT
DED 6001< 527. PAC 465

.I--J.I.-- - - - - - - - - - - ' \

1024

.,

DE~~lZio~K ~~~J~:~Ol

\\"'0''"""
~~.r

~:'~~=~~~-ALTA/ACSM BOUNDARY SURVEY Of 45.24


ACRES SITUATED IN THE WEST HALF OF
THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 7 NORTH, RANGE 1 EAST,
MADISON COUNTY, MISSISSIPPI
!DRAWING No.:loiT1S015c:p.dwg

JOG

ORAWN 8'1'; C.P(SNELL

D-!ECKEO BY: C.PESNELL

SCALE: t"... SQ'

'

No.:!oiT.15015.000

IDAlE: 15 .l.ILY 20t5l~ 2of

~~~\;,~

16"+/- GAP IN DEEDS

t>l'lc

45.24 Acres
(1 ,970,658 SQ. FT.)
2~

CITY Or RIDGELAND
WIO[ SEWER EASEI.I[Ni

0~(0

nl

>-<..?

"'z '""I
~~~

0 r,.51"") ~

c5

f7i

\~OONO" """

RENASAM SANK

~!os ~~E~FPR
~=~~;.~

~~g

~N"" m.~

O~EO BOOK 2&26. PACE 270

:Sua

II~""

II I

\@

YAZOO TII.!SER!.ANO. llC


\OEEO BOOK 3\eS. PACE 744

rHNnl.:.t?n:u.R

ll~~~

~~

"'-CULltD CORN"

'<t l-j

u ~6

UNITED STATES OF AMERICA


NATCHEZ TRACE PARKWAY
DEED BOOK 79 PAGE 89

15 1~~~~----------------------~~~--------r------------------T----------~

~* f~:~l

BOOK JW. PAGE 626

'

_.,..,,.~

FOUND CONCRETE
RjW UAAK(f.!

N"l9.75"
[ .. 6.99"

GUAAANT'I" 6ANl< AND TRIJS"l CO.


DEED 6000: 2626. PAGE 277

<ill

\\ \~

ol:5V:1:1,~~~ ~E~4
1

"'"
!Jikit:l;)/2

FOUND 14 RESAA
f"OUNO 14 REBA.'<
s .. o.57"
[ .. 2.65"

oiii3'
<--0.5:

~''"

\ce~~~~~
\zz I\

rOUNO #3 REBAR'j

ti~'b'~~AND26~~i;,

: : \\ 1

.:/ .JI
;;I

N86"20"19"'w

VAN WINKLE BAPTIST CHURCH


DEED BOOK 457 PAGE 380

1025

II

1015.09"($)

sas-z6 '50t

(R)

1:!~"

tJg ~
gg

~e([:;

f!]El
!j

,.~g~=~===ALTA/ACSM BOUNDARY SURVEY OF 45.24


ACRES SITUATED IN THE WEST HALF OF

THE NORTHEAST QUARTER OF SECTION 25,


TOWNSHIP 7 NORTH, RANGE 1 EAST,
MADISON COUNTY, MISSISSIPPI
ORA"MNG No..:LIT15015cp.d-9

JOB No.:IIIT.15015.000

DRAWN SY: C.PESNEU.

CHECKED BY: C.Pf:SNEU.

SCALE: 1~50'

(DATE: 15 ~lY 2015ISHET 3 of

Property Description
A description of a tract or parcel of land containing 45.24 acres (1 ,970,658 square feet), more or
less, situated in the Northeast Quarter of Section 25, Township 7 North, Range 1 East, Madison
County, Mississippi. The below description is based on the Mississippi State Plane Coordinate
System, West Zone, NAD 83, grid values, U.S. Feet, and being more particular described as
follows, to wit:
Commencing at a found concrete monument located at the Northwest corner of Section 25,
Township 7 North, Range 1 East, Madison County, Mississippi, thence run East for a distance
of 2691.85 feet to a point; thence run South for a distance of 779.50 feet to a found concrete
monument located on the existing south right-of-way line of the Natchez Trace Parkway, said
point being further described as "Monument 154" according to the United States Department of
Interior National Park Service Land Use and Maintenance Plans- Section 3P (Sheet 29 of 32);
thence along said existing south right-of-way line run, South 87 degrees 31 minutes 40 seconds
East for a distance of 136.00 feet to a found 1/2" rebar located at the intersection of said
existing south right-of-way line and the existing east right-of-way line of Highland Colony
Parkway (a.k.a South Madison County Parkway) according to the "Right-of-Way Plat South
Madison County Parkway" plans, Plat Cabinet C, Slots 54, 55, 56, 57, and 58, of record at the
Chancery Clerk's Office, Madison County, Mississippi, said point being hereinafter referred to as
the POINT OF BEGINNING;

From the POINT OF BEGINNING continue along said south right-of-way line of the Natchez
Trace Parkway run, South 87 degrees 31 minutes 40 seconds East for a distance of 470.29 feet
to a found concrete monument, said point being further described as "Monument 154A"
according to the above referenced plans - Section 3P; thence continue along said existing
south right-of-way line run, South 26 degrees 12 minutes 14 seconds East for a distance of
1648.58 feet to a 5/8" rebar located at the intersection of said existing south right-of-way line
and the existing west right-of-way line of Interstate 55; thence along said existing west right-ofway line run, South 19 degrees 16 minutes 54 seconds West for a distance of 134.20 feet to a
5/8" rebar located on said existing west right-of-way line; thence continue along said existing
west right-of-way line run, South 19 degrees 37 minutes 06 seconds West for a distance of
448.27 feet to a point in a creek located at the intersection of said existing west right-of-way line
and the south property line of that certain tract of land conveyed to the City of Ridgeland as
described in Deed Book 360, Page 632, records of the Chancery Clerk's Office, Madison
County, Mississippi, from said point whence a reference point being a 5/8" rebar bearing North
19 degrees 37 minutes 06 seconds East a distance of 10.00 feet; thence along said south
property line and the south line of that certain tract of land as described in Deed Book 2626,
Page 291 records of the Chancery Clerk's Office, Madison County, Mississippi, run, North 88
degrees 20 minutes 19 seconds West for a distance of 1015.12 feet to a found 1/2" rebar
located on said existing east right-of-way line of Highland Colony Parkway, point also being the
southwest corner of said Deed Book 2626, Page 291;
thence along said existing east right-of-way line the following 16 courses and distances:
North 00 degrees 14 minutes 17 seconds West for a distance of 37.45 feet to a 5/8" rebar;
North 45 degrees 22 minutes 14 seconds West for a distance of 44.07 feet to a 5/8" rebar;

1026

thence along a curve to the left having an arc length of 112.78 feet, a radius of 900.00 feet, a
chord bearing of North 07 degrees 05 minutes 00 seconds West, and a chord distance of
112.70 feet to a 5/8" rebar;
North 10 degrees 40 minutes 24 seconds West for a distance of 108.17 feet to a 5/8" rebar;
thence along a curve to the right having an arc length of 150.08 feet, a radius of 800.00 feet, a
chord bearing of North 05 degrees 17 minutes 58 seconds West, and a chord distance of
149.86 feet to a 5/8" rebar;
North 00 degrees 04 minutes 31 seconds East for a distance of 185.58 feet to a 5/8" rebar;
North 45 degrees 04 minutes 31 seconds East for a distance of 42.43 feet to a 5/8" rebar;
North 00 degrees 04 minutes 31 seconds East for a distance of 43.00 feet to a 5/8" rebar;
North 32 degrees 28 minutes 29 seconds West for a distance of 55.76 feet to a 5/8" rebar;
North 00 degrees 04 minutes 31 seconds East for a distance of 730.97 feet to a 5/8" rebar;
North 45 degrees 04 minutes 31 seconds East for a distance of 42.43 feet to a 5/8" rebar;
North 00 degrees 54 minutes 18 seconds East for a distance of 56.05 feet to a 5/8" rebar;
North 43 degrees 32 minutes 53 seconds West for a distance of 40.62 feet to a 5/8" rebar;
thence along a curve to the right having an arc length of 134.12 feet, a radius of 697.42 feet, a
chord bearing of North 10 degrees 42 minutes 36 seconds East, and a chord distance of 133.91
feet to a 5/8" rebar;
North 16 degrees 15 minutes 49 seconds East for a distance of 100.09 feet to a 5/8" rebar;
thence along a curve to the left having an arc length of 206.77 feet, a radius of 866.21 feet, a
chord bearing of North 09 degrees 25 minutes 30 seconds East, and a chord distance of 206.28
feet back to the POINT OF BEGINNING, containing 45.24 acres (1 ,970,658 square feet), more
or less, and being situated in the Northeast Quarter of Section 25, Township 7 North, Range 1
East, Madison County, Mississippi.
The above described property being based on a plat of survey prepared by Maptech, Inc dated
July 2015.

1027

Alan Hart
From:

Sent:
Subject:

BiiiColson <Admin@AquaEngineering.comcastbiz.net>
Tuesday, July 21, 2015 10:59 AM
FW: drainage letter

Alan, the requested letter along with calculations are attached.

From: Danny Ryals [danny.ryals@neel-schaffer.com]


Sent: Tuesday, July 21, 2015 10:15 AM

To: Bill Colson


Cc: Chuck Lott
Subject: FW: drainage letter
Bill,
Below is the email I was referring to this morning during our phone conference.
Thanks,
Danny Ryals

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]


Sent: Tuesday, July 21, 2015 8:30AM
To: Danny Ryals; Chuck Lott
Subject: drainage letter
Can one of you get me a copy of the revised letter from Bill Colson that uses "Renaissance Phase 3" instead of "Santa
Claus Project"? I don't have contact info for Bill.

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, MS 39157
PH: (601) 856 3877 ext. 1033 FAX: (601) 853 2030
alan.hart@ridgelandms.org
www.ridgelandms.org

Neei-Schaffer, Inc. Confidentiality Note:


tnforrnaUon contoined in this message along with any aitachmerrt(s) may be confidential and protected by legal privilege. This
messaQe is meant solely for the use of the individual(s} to whom it is addressed. Viewing or the use of informotfon and attochnwnt(s)
within this messaqe without the expressed permission of Neef.Schaffer, Inc. is prohibited. If yau are not the intended recipient of this
1

1028

messoge, Nee/Schaf/e1; Inc. requests you tuke immediate action to notify the sender of lhe error and that you de fete this message
ancf oil attachments without modifying, copying or distributing its content

1029

AQUA ENGINEERING SERVICES, LTD.


103 Plantation Cove, Suite C
Madison, MS 39110

Ph (601)

790~9394

Fax (601) 790-9412

July 20. 2015

Renaissance at Colony Park. LLC


c/o The Mattiace Company
P.O. Box 13809
Jackson, MS 39236
Re: Renaissance at Colony Park III

Flood Detention Calculations

Dear Sir:

Enclosed are the flood detention calculations for the above referenced project. The total
site consists of about 45.8 acres. The Renaissance Phase Ill Project is about 36.4 acres
plus about 9.4 acres along Purple Creek that will be developed to provide detention
storage. The proposed storage will be provided by developing a detention basin along
Purple Creek on the land purchased by the City of Ridgeland for this express purpose as
pati of the overall tlood control plan for Purple Creek. The attached calculations show
that the proposed development would require about 9.5 acre-feet of flood detention
storage for the 50-year event and about 10.0 acre-feet for the 100-year event.
The proposal is to provide about 54.5 acre-feet of storage by developing a detention basin
on the 9.4 acres along Purple Creek. The City requires that existing channel storage
below the 100-year event be deducted from the total detention. The existing channel
storage is estimated to be about 6.6 acre-feet. This leaves a net increase of about 47.9
acre-feet of storage. This area is connected to the existing City detention basin on Purple
Creek in Freedom Ridge Park and will increase the total storage available.
Therefore, the proposed detention \:vill meet all of the City of Ridgeland requirements for
flood detention storage. Ifyou need additional information please call us.
Sincerely _yours,

/r

,, ...co/ ,.,.,J/.. /'

.;:1_1:
/.-"(;./'""' / /i //

{\

.~ ~:-;'
''"""//
~ '
) ('

?-" .

t--L/J

~--

Bdly E. Colson, P.E.


Enclosure: Calculations (9 p.)
C: Alan Hart
AQJ504CDOC

1030

-----------------

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Legend
Hyd.

1031

2
3
4
5

Origin

Description

SCS Runoff

Pre Developed

SCS Runoff
SCS Runoff

Project Site
Offsite

Combine

Project Total

Reservoir

Project Outfiow

Hydraflow Hydrographs Model

Project: SantaC!ausAQ1504.gpw

Monday, Jul 20 2015, 11:42 AM

Hydrograph Return Period Recap

Hyd.

No,

l;lydrograph
type
;
(origin)

Inflow
Hyd(s)

I1

~cs

Runoff

I2

~cs

Runoff

~cs

Runoff

.,..

Peak Outflow (cfs)

2-Yr

1-Yr

I 26.01

I 51.28
..... .._w.,.-~

............

34.31

. -.. ....

61.61

..

8.03

6.09

3-Yr

~~

-~-

....

~-

..

.,_,.,._ .,

10-Yrl 25-Yr

52.17

T 81.20
65.72

82.50

97.67 j 114.57

129.59

140.18

12.19

15.36

I;

18.96

22.22

24.53

111.08 i 131.22

149.17

161.84

Project Total

94.49

105.07

Project Outflow

Combine

2, 3

Reservoir

100-Yr

95.17

105.11 I PreOeve/oped
Project Site
Offsite

56.41

68.47

l' 20.92

29.89

................
.............. _.

93.08
48 ..80

63.17

79.61

I
i

!
i

Il

II

II

I
I

I
;

50-Yr

description

5-Yr

!
4

--i
j

'

I
i

I
I
I

I
!

'

iI

Ii
I

I
I
!

Proj. file: SantaCiausAQ1504.gpw

I
I

i
!

l
Monday, Jul 20 2015, 11:39 AM
Hvdraflow Hvdrooraohs bv lntelisolve

1032

Hydrograph Summary Report


Hyd.
No.

~ydrograph
\

'

type
(origin)

SCS Runoff

Peak
flow
(cfs)

Time
interval
(min)

95.17

I Time to
peak
(min)

780

Volume
(cuft)

943,280

SCS Runoff

129.59

.,

scs Runoff

22.22

769

193,160

Qombine
'
Reservoir

149.17

757

1,179,909

94.49

788

1 '173,377

755

986,749

Inflow
hyd(s)

i
l
iI

!I

(ft)

1:

,.N .. _

I,

--.........
2,3

I
I
I

..... .......
~

--....--

326.94

I
I

lI
i

I
I

I PreDe veloped

...............

...........

II Offsite

~---

II

i
i

'I

Ii

I
I

II

'

iI

i
i

Proje ct Site

I _........ i Proje ctTotal


I 411,892 I Project Outflow
i
Ij
I

I
i
!

Hydrograph
description

!'

.............

............

I'

Maximum
storage
(cuft)

Maximum
elevation

!
':

!
i

I
I

ii

I!

l
1

l
i

I
I

i
!

II

!
i

'

I
I

''
I
'

iI

I
'

I
I

I
II

t! Monda y

----------------

SantaCiausAQ 1504. gp w

Return Period: 50 Year

Jul 20 2015, 11:39AM

1033

Hydrograph Plot
Monday, Jul 20 2015, 11:39 AM

Hydraflow Hydrographs by lntelisolve

H>fd. No. 1
i

Pr~Developed

Hyprograph type
Stqrm frequency
Dr~inage area
Basin Slope
Tc 'method
Total precip.
Storm duration

= SCS Runoff

Peak discharge
95.17 cfs
Time interval
= 1 min
Curve number
= 76
= 2240 ft
Hydraulic length
Time of cone. (Tc) =93.10 min
Distribution
= Type Ill
Shape factor
= 484

= 50 yrs
= 45.800 ac
= 0.5%
LAG
~

= 8.55 in
=24 hrs

Hydrograph Volume

= 943,280 cuft

PreDeveloped
Q (cfs)

Hyd. No. 1 --50 Yr

100.00

I
I

I
t

50.00

50.00

40.00

30.00
20.00

90.00

--r- '
t
I
'
~r-~
I "
~-

-ti.. --+----!----+---+---.J+--+-+----!-----+------.:--i

-~I

40.00

30.00
20.00

'

10.00

---'---.......l---....l..........--L-------l-----'----'.-..:"'--__;_

10

i3

15

18

20

23

25

0.00

28
Time (hrs)

- - Hyd No.1

1034

Hydrograph Plot
Monday, Jut 20 2015, 11:39 Arvl

Hydraflow Hydrographs by lntelisolve

HY,d. No. 2
Project Site
Hydrograph type
Storm frequency
Drainage area
Basin Slope
Tc method
Total precip.
Storm duration

;::
;::

;::
;::

Peak discharge
Time interval
Curve number
Hydraulic length
Time of cone. (Tc)
Distribution
Shape factor

SCS Runoff
50 yrs
36.400 ac
0.5%
LAG
8.55 in
24 hrs

=
=
=

129.59 cfs
1 min
= 91
2240 ft
55.60 min
Type Ill
484
;::

;::

=
=
=
=

Hydrograph Volume= 986,749 cuft

Project Site
Q (cfs)

Q (cfs)

Hyd. No. 2 --50 Yr

140.00

140.00

!
-+----1----+-----l___ --+----1-\------l---+----+
-..
1
..
'"

........ .

'"'"

~I

---'----r

1I

....... I .
100.00

80.00

lI
I

I'

60.00

II
I
...
I
i
I
i
+-----+----+---1---+---l-+-+---f-----+-----i---'------+

...

. 1.

......

'"

I
!

-i!'-'"'~"- - -t- - l- -l__ --+~----ili-------+----+


-+----+-~,_--:lr-----+--+1_.f-J--__ ~
-~ - 1

20.00

80.00

t-'".._.. --+
,__.

40.00 +----+----+---

+-I_,___c\,.,.
.

!//

L'

- - Hyd No.2

10

_--f.i---+-----+------+-

60.00

40.00

20.00

L __-. . -~-------,~:

o.oo I

I'

120.00

~
--..;~-------l--.....4-----~,
1

..

13

15

18

20

23

o.oo

25
Time (hrs)

1035

Hydrograph Plot
Hyd\aflow Hydrographs by lntelisolve

fv1onday, Jul20 2015, 11:39AM

Hyd. No. 3
Offisite
i

Hy~rograph type
Storm frequency
Dr$inage area
Ba~in Slope
Tc 'method
To~al precip.
Storm duration

= SCS Runoff
= 50 yrs
= 9.400 ac
= 0.5%
= LAG
= 8.55 in

= 22.22 cfs
= 1 min
76
= 1650 ft
=75.80 min
= Type Ill

Peak discharge
Time interval
:;:
Curve number
Hydraulic length
Time of cone. (Tc)
Distribution
:;:
Shape factor

= 24 hrs

484

---------------------------------------Hydrograph Volume =193,160 cuft

Offsite
Q (cfs)

0 (cfs)

Hyd. No. 3 --50 Yr

24.00 . , - - - , - - - - , - - - , - - - - , . . - - - - - ; - - - - , - - - . . . . . . . , . . - - , . - - - - . - - - - - r - - - - - r 24.00

.... A

.j

20.00

-t----+-----!-----t----+---~r---t---f---+---i----i--------+

20.00

I
l

16.00 -t-1---r----+----+---t----+---+---+----i---+---r----+----'- 16.00


....

i
I

l
l
12.00 -t----t----i,__--+---+----++--+---+- ---t-----,----.......-j:----+----t-'

I,

...

,1_

8.00 -+----t-----!1-----t-----i-----J--+---+-+----+---+---!-----+---+
I

\!

4.00

o.oo

~~~~~~ ~i -~- -.~-~-~~~~.~-1-----t--lli~~~~--t--1


. -. .. --

-'----"'------'----=_A:;;___-'--/-__,_____,__!_ _ _i'---_..,..._,_.
__-_,_:__
0

- - Hyd No.3

10

13

15

18

20

_,__1

23

--~L___L o.oo
25

28
Time (hrs)

1036

Hydrograph Plot
Monday. Jul 2.0 2015, 11:39 AM

Hydraflow Hydrographs by lntelisolve

HY,d. No. 4
i

Project Total
Hyprograph type
Storm frequency
Inflow hyds.

= Combine

Peak discharge
Time interval

50 yrs
::;: 2,3

= 14 9. 17 cfs
= 1 min

Hydrograph Volume= 1,179,909 cuft

Project Total
Q (cfs)

Q (cfs)

Hyd. No. 4 --50 Yr

160.00

160.00 ..,----,----..----..----~---.----...,------r----T
I_'

...

II

.Ii

' \

140.00 - 1 - - - - + - - - - i - - - - i - - - - + - - - - f - + - - - - + - - - f - - - f - - - - i - - - - + 140.00

::::::

~r-~- -~---1~~_-~-----~~----------~J_:_ =~1 ~-~---~~r-~--~-~~~~~~----_-----~~r~~~~~1--~-~~~~~- ::::::


__

80.00

.1

'

I,

.. . J

I..

.I

- t - - - - + - - - - - L - - - - i l ' - - - - - i - - !---H---ti\t----+-----f..'-----+'------+----+ 80.00

I
I

60.00

+----+----+---+---+---++-H--i---___J---'-----~----+

40.00

I
I
~~~~~~~-~~~~.-JJ~l~l~-~~~~~-~~~~~~~~~--~ 4~00

20.00

o.oo

~~~~~~~~~~--~~~~---~
. ~!~~~~~~-~~~~--~---~~-~--~_~t~~~---~
I!
......

L __L-==:d:::::::::::::::::t::=~b:::::::::=:__L--=::==:::::::::b~~~~=~:-:~~""J..j
-I
0

- - Hyd No.4

60.00

20.00

10

- - Hyd No.2

13

15

- - Hyd No.3

18

20

23

o.oo

25

Time (11rs)

1037

Hydrograph Plot
Monday, Jul20 2015, 11:39AM

Hydr;aflow Hydrographs by lntelisolve

H~d.

No. 5

Pr9ject Outflow
Hydrograph type
Stqrm frequency
lnflpw hyd. No.
Re~ervoir name

= Reservoir
= 50 yrs
=4

Peak discharge
Time interval
Max. Elevation
Max. Storage

= Detention

Stor~ge Indication method used.

= 94.49 cfs
= 1 min
= 326.94 ft
= 411 ,892 cuft

Hydrograph Volume= 1,173,377 cuft

Project Outflow
Q (cfs)

Q (cfs)

Hyd. No. 5 -- 50 Yr

-T

160.00

16o.oo

!
1

140.00

140.00

120.00

120.00
...

"l

. I

100.00

100.00

0.00
0

- - Hyd No.5

10

13

- - Hyd No.4

16
Time (hrs)

1038

Pond Report
Monday, Jul 20 2015, 11 :39 AM

Hydraflow Hydrographs by lntelisclve

Ppnd No. 1 Detention


Pond Data

Pond storage is based on known contour areas. Average end area method used.

I Storage Table

S~age

Stage (ft)

Contour area {sqft)

Elevation (fti

0.00
0.50
1.50
3.50
5.50
8.50
10.50

Total storage (cuft)

0
78,517
164,875
358,935
420,354
933.708
889,317

154,638
159.430
170,320
188,615
231,739
390,733
498,584

324.50
325.00
326.00
328.00
330.00
333.00
335.00

Incr. Storage (cuft)

0
78,517
243,392
602,327
1.022,681
1,956,389
2,845,706

"----------Culvert I Orifice Structures

[A]
Ri.se (in)
Span (in)
No. Barrels
Invert El. (ft)
Length (ft)
Slope(%)
NNalue
Orlf. Coeff.
Multi-Stage

120.00
192.00
=2
= 319.20
= 300.00
= 0.05
= .013
= 0.60
:::: n/a

Weir Structures

[B]

[C]

[D]

10.00
325.50
2.60

64.00
328.00
2.60

0.00
0.00
0.00

[B]

[CJ

[D]

0.00
0.00
0
0.00
0.00
0.00
.000
0.00

0.00
0.00
0
0.00
0.00
0.00
.000
0.00

0.00
0.00
0
0.00
0.00
0.00
.000
0.00

Crest Len (ft)


Crest El. (ft)
Weir Coeff.
Weir Type
MultiStage

No

No

No

Exflltration = 0.000 in/hr (Contour) Tailwater Elev.

[A]
;: 5.00

= 324.50

= 2.60
= Broad

Broad

Broad

= Yes

Yes

Yes

No

= 0.00 ft

Note: Cuiv6rtf0rlftce outtlo;.;;; hava b6en analyzed vnder h11st

a1~c

cutlet

Stage I Discharge

Stage (ft)

centro~

Stage (ft)
12.00

I
6:00

4.00
2.00

o:oo

i++-t~
I

/ .

~~/'I

+--/-.,..;c=---+!---~~,----+---~----+I.

0.00

300.00

600.00

900.00

__

---i-

8.00

--+----+-----+----+-

6.00

-+----+----+---+---!----.;...' 4.00

2.00

I
1200.00

1500.00

1800.00

I
2100.00

2400.00

2700.00

3000 00

3300 00

0.00
3600.00
Discharge (cfs)

- - TotaiQ

1039

Alan Hart
From:

Sent:
Subject:

Andrew Mattiace <andrew@mattiace.com>


Tuesday, July 21, 2015 6:04 PM
RE: Santa Claus traffic demands

Alan,
We have confirmed with Jeff Rutter the following traffic information:
The traffic count is 3,100 automobiles/day. (Santa- 1,600 I Rest of center -1,500)
Delivery trucks to Santa- 4-6 per day between the hours of 4-6AM. One fuel center truck per day.
The balance for the rest of the center will be approximately 12 trucks per week.
Deniese Wright
Executive ;\ssistant, .Andrew \:fattiace

MATTIACE
Real E,'ltatc Dcvdopnw11t; Jlfari;~gcment and Broken~gc
125 South Congress Street
Suite 1800
Jackson, MS 39201
Phone: 601.352.1818
Fax: 601.352.1820
dwrightCiilmattiace.com
andrew(filmattiace.corn
\\::W.\Y..m.a.r.tiA<;;R,<;;Qm

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]

Sent: Tuesday, July 21, 2015 3:42 PM


To: Andrew Mattiace
Subject: Santa Claus traffic demands
Andrew,
I'm working on a host of good points about the Santa Claus project and need some information about traffic. If you
could get me some average daily traffic demands for the Santa Clause store, I think we could reasonably estimate the
traffic demands for the remaining square footage for the entire development. Unfortunately, I need this information
ASAP.
Thanks in advance!

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, IVlS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
1

1040

1t~ cttv ot

Rl DGElAN D

1041

Alan Hart
From:

Gene McGee <Mayor.McGee@Ridgelandms.org>


Tuesday, July 21, 2015 8:03 PM
Re: Santa Claus traffic demands

Sent:
Subject:

Great
Sent from my iPhone
On Jul 21, 2015, at 6:53 PM, Alan Hart <Aian.Hart@Ridgelandms.org> wrote:
Great info. Lower traffic than my guess.
Thanks!
Sent from my iPhone
On Jul 21, 2015, at 6:03 PM, Andrew Mattiace <andrew@mattiace.com> wrote:
Alan,
We have confirmed with Jeff Rutter the following traffic information:
The traffic count is 3,100 automobiles/day. (Santa- 1,600 I Rest of center -1,500)
Delivery trucks to Santa- 4-6 per day between the hours of 4-6AM. One fuel center
truck per day.
The balance for the rest of the center wilf be approximately 12 trucks per week.
Deniese Wright
E~xecutive Assistant, Andrew 1\.fattiace

MATT lACE
Real E'strJte Developmerlf, 1lfam1gcmenr and Broker;~gc
125 South Congress Street
Suite 1800
Jackson, i\JS 39201
Phone: 601.352.1818
Fax: 60U52.1820
dwright@mattiace.com
a ndrew(q2ma ttiace. com
www.matt1ace.com

From: Alan Hart [mailto:Aian.Hart@Ridgelandms.org]


Sent: Tuesday, July 21, 2015 3:42 PM
To: Andrew Mattiace
Subject: Santa Claus traffic demands
Andrew,

1042

I'm working on a host of good points about the Santa Claus project and need some
information about traffic. If you could get me some average daily traffic demands for
the Santa Clause store, I think we could reasonably estimate the traffic demands for the
remaining square footage for the entire development. Unfortunately, I need this
information ASAP.
Thanks in advance!

Alan Hart, PLA, ASLA


Director of Community Development
P.O. Box 217 Ridgeland, MS 39158
304 Highway 51 Ridgeland, !VIS 39157
PH: (601) 856-3877 ext. 1033 FAX: (601) 853-2030
alan.hart@ridgelandms.org
www.ridgelandms.org
<image001.jpg>

1043

Alan Hart
From:

Sent:
Subject:

Andrew Mattiace <andrew@mattiace.com>


Wednesday, August 05, 2015 3:12 PM
FW: Proposed email to Alan Hart

From: Davis, Mark [mailto:markdavis@joneswalker.com]


Sent: Wednesday, August OS, 2015 12:05 PM
To: Andrew Mattiace
Subject: Proposed email to Alan Hart

Alan:
Santa Claus has posed a series of questions that I need to refer to you or some other appropriate person at the City
related to the extension of Lake Harbor Drive as follows:
1- What is the status of construction plans?
2 -What is the status of permits?
3- Are any federal approvals required? Is so, what is the status?
4- Please provide a detailed timeline outlining the required steps for completion and anticipated timing of each step.

J<?NES

\VALKER

Mark T. Davis
Partner
Jones Walker LLP
D: 601.949.4909 F: 601.949.4649
markdavis@joneswalker.com

190 E Capitol St, Ste 800


Jackson, MS 39201
T: 601.949.4900
www.joneswalker.com

1044

/
AGREEMENT
WHEREAS, the City of Ridgeland, Mississippi entered into a Tax Increment Payment
Agreement with LR Company, LLC, a Mississippi Limited Liability Company, as of December
1, 2005, to facilitate the development of a shopping center by LR Company and Lowe's Home
Center, Inc.; and,
WHEREAS, the improvements contemplated by the developer were completed and TIF
bonds were issued to reimburse the developers for the infrastructure improvements made; and,
WHEREAS, that portion of the property to be developed by the LR Company was
anticipated to generate ad valorem and sales tax revenues in the amount of$147,920 to be used
to pay for the bonds which were issued; and,
WHEREAS, in order to provide additional security to the City to assure TIF revenues
from the LR Company project over and above the amount needed to recover debt service
requirements of the bonds, the LR Company agreed to pay as in lieu payments the shortfall ofthe
amount anticipated to be necessary to provide the debt service requirements of the City; and,
WHEREAS, subject to the provisions concerning the termination of the in lieu liability,
the obligation ofLR Company for in 'lieu payments commenced on March 1, 2007; and,
WHEREAS, since that date and through and including January 18, 2011, there is
$329,561.53 owing to the City as in lieu payment for the shortfall necessary to pay the debt
service for the bonds issued.
NOW, THEREFORE, the City ofRidgeland, Mississippi and LR Company, LLC by and
through its sole owner, Andrew Mattiace, have agreed to settle the issue of past due in lieu
payments pursuant to the Tax Increment Payment Agreement, as follows:
FOR AND IN CONSIDERATION of the following covenants and promises, the City and
LR Company agree as follows:
1. As of January 18, 2011, $329,561.53 is owed to the City of Ridgeland, Mississippi,
pursuant to the requirement to make in lieu payments found in the Tax Increment
Payment Agreement dated as ofDecember 1, 2005, between the parties.
2. LR Company agrees to make the following payments to settle the indebtedness owed:
(1) $100,000 payable June 15, 2011; (2) $120,000 payable April 1, 2012; and, (3)
$109,561.53 payable September 1, 2012.
3. From and after June, 15, 2011, interest shall accrue on the unpaid principal balance of
the amount owed to the City, at the rate of one present (1%) per annum until paid.

1045

4. LR Company/Mattiace Properties, Inc. agree to assign the following litigation or


settlement proceeds or fee income to the City to assure the payment of the amount
owed:
(a) Funds recovered by LR Company from purchaser of building developed on
Company property and from the contractor that performed the site work.
(b) Fees generated by Mattiace Properties, Inc. from development on Grandview
Drive.
(c) Development fees earned by Mattiace Properties, Inc. on Phase II Renaissance.
This Agreement when executed by LR Company and Mattiace Properties, Inc. will
serve as the assignment of the funds without the necessity of the execution of
additional documents.
5. Should the funds anticipated to be earned by LR Company/Mattiace Properties, Inc.
and assigned to City not accrue as planned, LR Company will pay the City the
amounts owed on the dates shown in paragraph 2 hereinabove.
6. It is expressly agreed between the parties that this Agreement applies only to those in
lieu payments due between March 1, 2007 and January 18, 2011. All other amounts
which become due pursuant to the Tax Increment Payment Agreement, after January
18, 2011, if any, shall be due and payable pursuant to the terms and requirements of
the referenced agreement.

day of
2011, by and
This Agreement is executed on the
between the parties, each of which hereby affirms that the signatories have been giyen the
appropriate authority to execute this document by their respective entities.
City of Ridgeland, Mississippi

LR Company, LLC, a Mississippi


Limited Liability Company

By: ______________________
Gene F. McGee, Mayor

By: ______________________
Its: ----------------------

Mattiace Properties, Inc.


By: _____________________
Its:

-----------------------

1046

Pyle, Mills, Dye & Pittman


ATTORNEYS AT LAW
800 AVERY BOULEVARD NORTH, SUITE 101
RIDGELAND, MISSISSIPPI 39157

James H. Gabriel

September 3, 2014

Telephone:
(601) 957-2600

Telecopier:
(601) 957-7440

Mark T. Davis, Esq.


Jones Walker, LLP
P. 0. Box 427
Jackson,MS 39205-0427

Re:

City of Ridgeland, Mississippi v. LR Company, LLC

Dear Mark:
At the board meeting Tuesday night, September 2nd, the Board voted to enter into the
settlement with LR Company, LLC for the proposed $25,000.00 payment. There were no
changes to the proposed Settlement Agreement and Absolute Release. Therefore, I present you
now with the executed Settlement Agreement and Absolute Release from the City of Ridgeland
to LR Company, LLC.
By copy of this letter, I have sent a proposed Agreed Order of Dismissal to Adam Stone
for his review, then execution. Please have Mr. Mattaice execute the Settlement Agreement and
provide you with the settlement funds of $25,000.00. As requested by my Board, the funds
should be transferred to the City either by certified check or by a check on your firm's trust
account. If you could coordinate with Adam and also send me the signed Agreed Order of
Dismissal, upon the negotiation of the check, I will send the Agreed Order of Dismissal to the
Court for execution.
Thank you and Adam very much for your cooperation in this matter. Should there be any
questions concerning this, please do not hesitate to contact me.
Very truly yours,
~e&Pittman

'~~
James H. Gabriel
JHG/mmh
Enclosure( s)
Cc:
Mayor Gene F. McGee (w/o enc.)
Paula Tierce (w/o enc.)
Adam Stone, Esq. (w/enc.)
Jerry L. Mills, (w/o enc.)

1047

SETTLEMENT AGREEMENT AND ABSOLUTE RELEASE


This Settlement Agreement and Absolute Release ("Agreement") is entered into on this
the 2nd day of September , 2014, by and between LR Company, LLC ("Company"), a
dissolved Mississippi limited liability company, and the City of Ridgeland, Mississippi ("City")
(Company and the City being collectively identified as "Parties").

RECITALS
WHEREAS, on or about December 30, 2005, the City and the Company entered into a
Tax Increment Payment Agreement ("TIPA"); and
WHEREAS, the City, on June 27, 2013, filed suit against the Company in the action
styled City ofRidgeland, Mississippi v. LR Company, LLC, No. CI-2013-0213-JE, Circuit Court
ofMadison, Mississippi ("Lawsuit").
WHEREAS, the Lawsuit alleged that the Company breached the TIPA by failing to pay
the City amounts it demanded as due and that the City was entitled to judgment for a sum
certain; and

WHEREAS, the Company has been voluntarily dissolved as ofMay 4, 2014, and its
former manager is acting in the name of, and for and on behalf of, the Company to wind-up the
Company's affairs; and

WHEREAS, the Parties agree that the Company has paid $517,871.07 in previous years
for shortfalls, that the projections made were not accurate, that the County Tax Assessor failed to
assess according to the original certificate presented to the City and that the Parties are desirous
of terminating the litigation; and

WHEREAS, the City has full and plenary power and legal authority to enter into this
Agreement pursuant to Miss. Code Ann. 21-17 -I et seq. and other pertinent legal authority;
and
WHEREAS, both the City and the Company have been advised by their respective
representatives involved in these negotiations that it is their opinion and recommendation that a
settlement and absolute release would be in the best interest ofthe City and the Company and
would be in the public interest; and

WHEREAS, the Mayor and the Board of Aldermen ("Board") of the City are ofthe
opinion and so find that entering into this Agreement is in the public interest.
TERMSOFTHEAGREEMENT
NOW, THEREFORE, based upon the foregoing recitals, in consideration ofthe mutual
terms, covenants, and conditions hereinafter set forth, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as
follows:

{JX 112559.3}

1048

I.
The Company or its former manager acting in the name of, or for or on behalf of,
the Company shall pay, or cause to be paid, to the City the sum of twenty-five thousand dollars
($25,000.00) with respect to the matters and things described herein. Upon execution of this
Agreement and the payment of said sum, the City agrees to voluntarily dismiss with prejudice
the Lawsuit filed against the Company and styled City of Ridgeland, Mississippi v. LR
Company, LLC, No. CI-20 13-0213-JE, Circuit Court of Madison, Mississippi.
2.
Effective upon the execution of this Agreement, the City does hereby release and
forever discharge the Company, its Officers,.Directors, Managers, Members, Employees,
Attorneys, Agents, Parents, Subsidiaries, Affiliates, Representatives, Insurers, Sureties,
Divisions, Successors, and Assigns (and any other persons or entities who could possibly be
responsible for any sums or payments related to the Lawsuit, the TIPA, and/or as recited above)
of and from any and all claims, demands, liens, damages, debts, liabilities, obligations, actions or
causes of action of any kind and nature whatsoever, whether known, unknown, suspected or
unsuspected, arising from or related to the TIPA and/or related to the allegations of the Lawsuit
or as recited above.
3.
This Agreement shall be construed liberally to effectuate the purpose and intent of
the Parties that all disputes, claims, and controversies, existing between them or related to the
TIPA and/or related to the allegations of the Lawsuit or as recited above be fully, finaJJy, and
forever settled and released hereby.
4.
The City and the Company covenant not to institute, participate in, or prosecute
any legal action, suit, arbitration, regulatory complaint, adversary proceedings, or other claims or
proceeding with respect to the matters released herein, except to the extent necessary to enforce
the terms and provisions of this Agreement.

5.
Should it develop that there are any mistakes or admissions in this instrument
which cause any terms of this Agreement to be defective or less than complete, the City agrees to
execute, if called upon to do so, all instruments and do all things reasonably necessary to
effectuate a full, final and complete release of the Company.
6.
The City is vested with full legal authority to execute and implement this
Agreement; it has not assigned, pledged, or otherwise sold or transferred in any manner
whatsoever any right, title, interest, or claim which it has or may have by reason of the actions
referred to above; no persons or entities other than the City has any claim, lien, subrogation right,
or other interest in the subject matter covered by this Agreement. The City further represents
and warrants that it has relied solely upon the advice of its own counsel regarding the legal
implications ofthis Agreement.
7.
This Agreement shall not in any way be construed as an admission by the
Company of any wrongful act or omission. The Parties acknowledge that the Company denies
any liability and acknowledges that payment under this Agreement has been made solely for the
purposes ofterminating any additional expense and/or delay.
8.
This Agreement contains the entire agreement between the Parties and may not be
changed or terminated orally, but only by a written instrument executed by the Parties after the

2
(JXII2559.3}

1049

date of this Agreement. It is expressly acknowledged and recognized by the Parties that there are
no oral or written collateral agreements between Parties other than such agreements as may be
contained or referenced herein.
9.
Notwithstanding anything in the Agreement to the contrary, and except as
otherwise provided in this paragraph, each of the Parties shall be responsible for paying its own
attorneys' fees and costs.
10.
In order to induce each other to enter into this Agreement, the Partie_s each
covenant, agree, represent and warrant the following:
a.
The Parties enter into this Agreement freely, voluntarily, and of their own
volition, and without any economic duress or undue influence from or on the part of the
other, or otherwise.
b.
The Parties enter into this Agreement based upon their own knowledge of
the facts and circumstances, and not upon any representations made by the other, or by
counsel for the other, which are not contained in this written Agreement.
c.
This Agreement constitutes the entire agreement among the Parties hereto
with respect to the subject matter hereof and supersedes all prior agreements and
understandings, oral and written, among the Parties with respect to the subject matter
hereof.
d.
This Agreement shall be binding on and inure to the benefit ofthe Parties
and the Parties' predecessors, successors, parents, subsidiaries, affiliates, shareholders,
officers, employees, agents, attorneys, and assigns upon execution.
e.
All agreements hereunder are severable, and in the event any of them shall
be held to be invalid, this Agreement shall be interpreted as if such invalid agreement
were not contained herein.
The execution ofthis Agreement for and on behalfofthe City has been authorized by
Mayor of the City and by a duly adopted Order ofthe Board of Aldermen of the City ("Board"),
such Order being spread upon the minutes of the meeting ofthe Board held on the 2ndday of
September
20 I 4, and adopted and approved by a majority ofthe Board at the next
meeting ofthe Board held on the 16 day of Sept, 2014.
[SIGNATURE PAGE FOLLOWS]

3
{JXII2559.3}

1050

IN WITNESS WHEREOF, this Agreement is executed as of the 3rd day of


September
, 2014.

CITY
By:

O~EL~D, MISS~S~-1- - - ~ / : /tl,, f/tGene F. McGee, Mayor of the City ofRidgeland, Mississippi

__
F_._M_C_G-:::E:-E_ _ _ _ _ _ _ __
Printed Name: __G_ENE
Title:
Mayor of the Cit o Ridgeland, Mississipoi.,,.,,,
,,,,,
,,,,~'''
~,0 , MAD1.(\ '"*-'
'': t>-\"'
I.J,Q il!

By:

,.. ":\/

..........

I~ .~POf?.1

i8{cP

k ofthe City o~telan ,

~~,

~~ ~\

issisji~J
~..,.. . .~~ "-V.lf/s
1

Printed Name:
PAULA W. TIERCE
\'V..:> ::-9(.:;"~~~
Title:
City Clerk of the City of Ridgeland, ~ssippi ....

,,,11,,.,,.

LR COMPANY, LLC,
a dissolved Mississippi limited liability company
By: Mattiace Properties, Inc.,
a Mississippi corporation
Its: Winding-up Member
By: _____________________________________
Its:

--------------------------------

{Signature Page to the Settlement Agreement and Absolute Release between LR Company, LLC and the City of Ridgeland, Mississippi}

{JXII2559.3}

1051

case: 45CI1:13-cv-00213

Document#: 11

Filed: 10/03/2014

Page 1 of 1

IN THE CIRCUIT COURT OF MADISON COUNTY, MISSISSIPPI


PLAINTIFF
NO.: CI-2013-0213-JE

LEE WESTBROOK
CIRCUIT CLERK

LR COMPANY, LLC

DEFENDANT

AQMED ORQER OF DISMISSAL


THIS CAUSE having come before the Court on the Joint Motion, ore tenus, of Plaintiff
and Defendant to dismiss this action. The Court, having considered the motion and been advised
fully in the premises that the parties have consented and agreed to the dismissal as part of the
settlement and compromise reached between them, finds that the Joint Motion is well taken and
should be granted.

IT IS THEREFORE, ORDERED AND ADJUDGED, that this civil action is hereby


dismissed with prejudice, with the parties to bear their respective costs, including attorneys' fees.

SO ORDERED AND ADJUDGED this the

J~ay of 0

,2014.

~
{J
G~;; for PIWntiff

famstone, .Attorney for Defendant

1052

Confidential Memorandum
To: Mayor McGee
From: Jerry L. Mills
Re: TIF Payments
2/27/15
As a result of Alderman Heard and Alderman Smith raising a question regarding Senate Bill 2550 related
to TIF bonds I have examined the matter. My examination reflects that the purpose of the proposed bill
was to remove the current restriction on public entities "obligating" themselves to TIF debt. It is
important to note that TIF bonds are not general obligation bonds. Unlike a GO the full faith and credit
of a municipality is not pledged. With a GO the city is required to place a sufficient tax levy to repay a
debt. Though it appears that a City can legally pay shortfalls on a TIF bond it is not bound to do so. A
city does not become obligated to repay. Thus a general obligation is avoided.
As a matter of interest we have discussed the matter with Senator Fillingane and are advised his bill was
requested by a bank for the purpose of giving it additional security. The banks would love to have a
pledge of the full faith and credit of a city.
By making up the shortfall in the manner in which we are doing we avoid using a portion of GO capacity.
Perhaps more importantly we prevent a default which could have disastrous impact on our double A
credit rating.
I have asked Demery to address the impact of failure to avoid a default. You should be receiving his
memo.

1053

Tax Increment Financing (TIF)

TIF Plans do not require or mandate a city to pay the shortfall of revenues from a TIF District for the TIF
Bond Payment.

Cities cannot guarantee that they will pay any shortfall of TIF revenues from a TIF District to cover a TIF
Bond Payment. If a City guarantees a debt it would become a general obligation debt and secured by the
full faith and credit ofthe City.

TIF Bonds are issued in the name of a City which makes it a debt obligation of the City. Failure to pay a
debt obligation is deemed to be a default on behalf of the City.
Failure to pay a debt obligation is a negative factor in a bond rating and could impact a bond rating.
Failure to pay a debt obligation could cause legal action by bond holders, underwriters or banks.
Failure could require extending the maturity of the TIF Bonds until it is paid off.

Cities are required to pay their debt obligations. If there is a shortfall of revenues to pay a TIF debt service
payment and the City has other revenues available to pay the shortfall, they may do so as long as it does not
negatively impact the operations of the City or any other debt obligations. Again, it is not required or
mandated to pay any shortfall ofthe TIF District, but if paid when funds are available it reflects the strength
of the City to pay their debt obligations. This helps maintain their credit worthiness and bond rating, retires
the TIF debt as scheduled, and the City starts receiving revenues from the TIF District.

1054

City of Ridgeland, Mississippi


Lowe's TIF Project

TIF Bond Size $5,360,000


Term 12 years
Interest Rate 6.80 taxable rate
Annual Debt Service Payment
Matures September 30,2018
Principal Balance Remaining
Interest Balance Remaining
Total Payment Remaining
Current shortfall in revenues approximately

$678,658
$1,517,534
$169,700
$1,687,234
$120,000

TIF Plan of 2004 (County Line Revitalization Project)


Project included a Lowe's Super Home Improvement Center+ 21,000 sq. ft. of retail shops and
two out parcels for restaurants.
Project included purchasing and removing numerous tin buildings and warehouses that were in a
poor state of repair and was a blighted area of the City.
If the City had to purchase the building and revitalize this TIF District area, the City would have
had to bear all the cost which would have been well over $5,000,000 and would have taken much
longer.
-

TIF for County Line Revitalization Project


Created a modern and revitalized area
Removed a blighted area of the City
Upgraded water and sewer systems, storm water drainage and other related improvements in and
around the TIF District
Created long term revenues for the City after payments of TIF Bonds

1055

AGREEMENT
WHEREAS, the City of Ridgeland, Mississippi entered into a Tax Increment Payment
Agreement with LR Company, LLC, a Mississippi Limited Liability Company, as of December
1, 2005, to facilitate the development of a shopping center by LR Company and Lowe's Home
Center, Inc.; and,
\VHEREAS, the improvements contemplated by the developer were completed and TIF
bonds were issued to reimburse the developers for the infrastructure improvements made; and,
WHEREAS, that portion of the property to be developed by the LR Company was
anticipated to generate ad valorem and sales tax revenues in the amount of$147,920 to be used
to pay for the bonds which were issued; and,
WHEREAS, ln order to provide additional security to the City to assure TIF revenues
from the LR Company project over and above the amount needed to recover debt service
requirements of the bonds, the LR Company agreed to pay as in lieu payments the shortfall of the
amount anticipated to be necessary to provide the debt service requirements of the City; and,

WHEREAS, subject to the provisions concerning the termination of the in lieu liability,
the obligation ofLR Company for in lieu payments commenced ou March l, 2007; and,
WHEREAS, since that date aud through and including January 18, 201 I, there is
$329,561.53 owing to the City as in lieu payment for the shortta11 necessary to pay the debt
service for the bonds issued.
NOW, THEREFORE, the City of Ridgeland, Mississippi and LR Company, LLC by and
t.hrough its sole owner, Andrew Mattiace, have agreed to settle the issue of past due in lieu
payments pursuant to the Tax [ncrement Payment Agreement, as follows:
FOR AND IN CONSIDERA TI:ON of the following covenants and promises, the City and
LR Company agree as follows:
l. As ofJanuary 18, 2011, $329,561.53 is owed to the City ofRidgeland, Mississippi,

pursuant to the requirement to make in lieu payments found in the Tax Increment
Payment Agreement dated as of December I, 2005, between the parties.
2. LR Company agrees to make the following payments to settle the indebtedness owed:
(1) $100,000 payable June 15, 2011; (2) $120,000 payable April I, 2012; and, (3)
$109,561.53 payable September I, 2012.
3. From and after June, 15, 2011, interest shalf accme on the unpaid principal balance of
the amount owed to the City, at the rate of one present ( 1%) per annum until paid.
1

1056

4. LR Company~lattiace Properties, lnc. agree to assign the toll owing litigation or


settlement proceeds or fee income to the City to assure the payment of the amount
owed:
(a) Funds recovered by LR Company from purchaser of building developed on

Company property and fiom the contractor that performed the site work.
(b) Fees generated by Mattiace Properties, fnc. trom development on Grandview
Drive.

(c) Development fees earned by Mattiace Properties, Inc. on Phase IT Renaissance.


This Agreement when executed by LR Company and Mattiace Properties, Inc. will
serve as the assignment of the funds without the necessity of the execution of
additional documents.

5. Should the funds anticipated to be earned by LR Company/Mattiacc Properties, lnc.


and aHsigncd to City not a~.:crue as planned, LR Company will pay the City the
amounts owed on the dates shown in paragraph 2 hereinabove.
6. It is expressly agreed between the parties that this Agreement applies only to those in
lieu payments due between March 1, 2007 and January 18, 2011. All other amounts
which become due pursuant to the Tax fncrement Payment Agreement, after January
18, 2011, if any, shall be due and payable pursuant to the terms and requirements of
the referenced agreement.

the~--

_1~

This Agreement is executed on


day of
.. ---' 2011, by and
between the parties, each of which hereby affirms that the sig~W;rl~~h-;Je been given the
appropriate authority to execute this document by their respective entities.

Cityt
o'dgeland, Mississippi

1/:

By:

~~-

jh (

;/{

LR Company, LLC, a Mississippi


Limited Liability Con!aoy _

tv{~--B~-'fi"-----

Gene F. McGee, Mayor


Its:

_,..

~~
-----

~-

Mattiace Properties, Jnc.


~

1057

SETTLEMENT AGREEMENT AND ABSOLUTE RELEASE


This Settlement Agreement and Absolute Release ("Agreement") is entered into on this
the 2nd day of September , 2014, by and between LR Company, LLC ("Company"), a
dissolved Mississippi limited liability company, and the City of Ridgeland, Mississippi ("City")
(Company and the City being collectively identified as "Parties").

RECITALS
WHEREAS, on or about December 30, 2005, the City and the Company entered into a
Tax Increment Payment Agreement ("TIPA"); and
WHEREAS, the City, on June 27, 2013, filed suit against the Company in the action
styled City of Ridgeland, Mississippi v. LR Company, LLC, No. CI-20 13-0213-JE, Circuit Court
ofMadison, Mississippi ("Lawsuit").
WHEREAS, the Lawsuit alleged that the Company breached the TIPA by failing to pay
the City amounts it demanded as due and that the City was entitled to judgment for a sum
certain; and
WHEREAS, the Company has been voluntarily dissolved as ofMay 4, 2014, and its
former manager is acting in the name of, and for and on behalf of, the Company to wind-up the
Company's affairs; and
WHEREAS, the Parties agree that the Company has paid $517,871.07 in previous years
for shortfalls, that the projections made were not accurate, that the County Tax Assessor failed to
assess according to the original certificate presented to the City and that the Parties are desirous
of terminating the litigation; and
WHEREAS, the City has full and plenary power and legal authority to enter into this
Agreement pursuant to Miss. Code Ann. 21-17-1 et seq. and other pertinent legal authority;
and
WHEREAS, both the City and the Company have been advised by their respective
representatives involved in these negotiations that it is their opinion and recommendation that a
settlement and absolute release would be in the best interest of the City and the Company and
would be in the public interest; and
WHEREAS, the Mayor and the Board of Aldermen ("Board") of the City are ofthe
opinion and so find that entering into this Agreement is in the public interest.
TERMS OF THE AGREEMENT
NOW, THEREFORE, based upon the foregoing recitals, in consideration ofthe mutual
terms, covenants, and conditions hereinafter set forth, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as
follows:

(JXII2559.3}

1058

1.
The Company or its former manager acting in the name of, or for or on behalf of,
the Company shall pay, or cause to be paid, to the City the sum of twenty-five thousand dollars
($25,000.00) with respect to the matters and things described herein. Upon execution of this
Agreement and the payment of said sum, the City agrees to voluntarily dismiss with prejudice
the Lawsuit filed against the Company and styled City of Ridgeland, Mississippi v. LR
Company, LLC, No. Cl-20 13-0213-JE, Circuit Court of Madison, Mississippi.
2.
Effective upon the execution of this Agreement, the City does hereby release and
forever discharge the Company, its Officers, Directors, Managers, Members, Employees,
Attorneys, Agents, Parents, Subsidiaries, Affiliates, Representatives, Insurers, Sureties,
Divisions, Successors, and Assigns (and any other persons or entities who could possibly be
responsible for any sums or payments related to the Lawsuit, the TIPA, and/or as recited above)
of and from any and all claims, demands, liens, damages, debts, liabilities, obligations, actions or
causes of action of any kind and nature whatsoever, whether known, unknown, suspected or
unsuspected, arising from or related to the TIP A and/or related to the allegations of the Lawsuit
or as recited above.
3.
This Agreement shall be construed liberally to effectuate the purpose and intent of
the Parties that all disputes, claims, and controversies, existing between them or related to the
TIPA and/or related to the allegations ofthe Lawsuit or as recited above be fully, finally, and
forever settled and released hereby.
4.
The City and the Company covenant not to institute, participate in, or prosecute
any legal action, suit, arbitration, regulatory complaint, adversary proceedings, or other claims or
proceeding with respect to the matters released herein, except to the extent necessary to enforce
the terms and provisions ofthis Agreement.
5.
Should it develop that there are any mistakes or admissions in this instrument
which cause any terms of this Agreement to be defective or less than complete, the City agrees to
execute, if called upon to do so, all instruments and do all things reasonably necessary to
effectuate a full, final and complete release of the Company.
The City is vested with full legal authority to execute and implement this
6.
Agreement; it has not assigned, pledged, or otherwise sold or transferred in any manner
whatsoever any right, title, interest, or claim which it has or may have by reason of the actions
referred to above; no persons or entities other than the City has any claim, lien, subrogation right,
or other interest in the subject matter covered by this Agreement. The City further represents
and warrants that it has relied solely upon the advice of its own counsel regarding the legal
implications of this Agreement.
7.
This Agreement shall not in any way be construed as an admission by the
Company of any wrongful act or omission. The Parties acknowledge that the Company denies
any liability and acknowledges that payment under this Agreement has been made solely for the
purposes of terminating any additional expense and/or delay.
8.
This Agreement contains the entire agreement between the Parties and may not be
changed or terminated orally, but only by a written instrument executed by the Parties after the

2
(JX!l2559.3}

1059

date of this Agreement. It is expressly acknowledged and recognized by the Parties that there are
no oral or written collateral agreements between Parties other than such agreements as may be
contained or referenced herein.
9.
Notwithstanding anything in the Agreement to the contrary, and except as
otherwise provided in this paragraph, each ofthe Parties shall be responsible for paying its own
attorneys' fees and costs.
10.
In order to induce each other to enter into this Agreement, the Parties each
covenant, agree, represent and warrant the following:
a.
The Parties enter into this Agreement freely, voluntarily, and of their own
volition, and without any economic duress or undue influence from or on the part of the
other, or otherwise.
b.
The Parties enter into this Agreement based upon their own knowledge of
the facts and circumstances, and not upon any representations made by the other, or by
counsel for the other, which are not contained in this written Agreement.
c.
This Agreement constitutes the entire agreement among the Parties hereto
with respect to the subject matter hereof and supersedes all prior agreements and
understandings, oral and written, among the Parties with respect to the subject matter
hereof.
d.
This Agreement shall be binding on and inure to the benefit of the Parties
and the Parties' predecessors, successors, parents, subsidiaries, affiliates, shareholders,
officers, employees, agents, attorneys, and assigns upon execution.
e.
All agreements hereunder are severable, and in the event any of them shall
be held to be invalid, this Agreement shall be interpreted as if such invalid agreement
were not contained herein.
The execution of this Agreement for and on behalf of the City has been authorized by
Mayor of the City and by a duly adopted Order of the Board of Aldermen of the City ("Board"),
such Order being spread upon the minutes of the meeting ofthe Board held on the 2ndday of
September
, 2014, and adopted and approved by a majority ofthe Board at the next
meeting ofthe Board held on the ___!Q day of Sept, 2014.
[SIGNATURE PAGE FOLLOWS]

3
(JX!l2559.3}

1060

IN WITNESS WHEREOF, this Agreement is executed as of the


September
, 2014.

3rd day of

LR COMPANY, LLC,
a dissolved Mississippi limited liability company
By: Mattiace Properties, Inc.,
a Mississippi corporation
Its: Winding-up Member ..,....-

By:~

/~

Its:

...,

[Signature Page to the Settlement Agreement and Absolute Release between LR Company, LLC and the City of Ridgeland, Mississippi]

{JXI 12559.3}

1061

Pyle, Mills, Dye & Pittman


ATTORNEYS AT LAW
800 AVERY BOULEVARD NORTH, SUITE 101

RIDGELAND, MISSISSIPPI 39157

Telephone:
(60!) 957-2600
Telecopier:
(601) 957-7440

Jerry L. Mills

May 20,2015

Honorable Jim Hood


State of Mississippi Attorney General
P. 0. Box220
Jackson,MS 39205-0220

RE:

City of Ridgeland, Mississippi TIF Bonds

Dear General Hood:

As attorney for the City of Ridgeland, Mississippi, I have been directed to seek your
opinion on the following. The City of Ridgeland presently maintains one of the highest bond
ratings of any municipality in the state (Aa2). The City recently issued TIF bonds that has
enabled redevelopment of significant properties along County Line Road. It appears that the
avails of the increment will not be sufficient to meet the debt service on the outstanding bonds.
The City is aware that it may not obligate itself under the provisions of 21-45-13 for the
repayment of said debt. Our financial adviser has indicated that a default on the TIF bonds
would have disastrous impact on the City's bond rating, resulting in substantial costs to the City
in the future.
Under these circumstances, may to City make up the difference between the amount the
avails of the property pledged to support the bonds by an unguaranteed annual appropriation to
cover the deficiency and thus avoid default? (Much like the annual appropriations to make lease
payments")
Very truly yours,
Pyle, Mills, Dye & Pittman

,,., . /'""'<iY\...----.

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Jerry L. Mills
JLM/mmh
Cc:

Mayor Gene F. McGee


Paula Tierce

1062

:1:

\\

Jl

July 16, 2015

Paula Tierce
City Clerk, City of Ridgeland
304 Highway 51
Ridgeland, MS 39157
Re:

Request for Qualified Resort Status for Approximately 45 Acres, City of Ridgeland, Madison
County, Mississippi

Dear Ms. Tierce:


Enclosed please find one (1) original and two (2) copies of the City of Ridgeland's Application for Qualified
Resort Status as authorized by the Mayor and Board of Aldermen on June 16, 2015.
Please present the enclosed to Mayor McGee for his review and signature.
If the enclosed meet with the Mayor's approval, upon execution our office will pick up the original and
one of the copies and deliver the original to the Mississippi Department of Revenue. Please retain a copy
for your records. If the City would like additional bound copies, please let us know and we will certainly
prepare them.
Thank you for your assistance in this matter. Please call or email if you have questions or concerns .

,ft.,~ ~ ' <;2--L(SI

ristiana s'!;\,gg

Enclosures

1063

GOURAS
July 16, 2015

Paula Tierce
City Clerk, City of Ridgeland
304 Highway 51
Ridgeland, MS 39157
Re:

Request for Qualified Resort Status for Approximately 45 Acres, City of Ridgeland, Madison
County, Mississippi

Dear Ms. Tierce:


Enclosed please find one (1) original and two (2) copies of the City of Ridgeland's Application for Qualified
Resort Status as authorized by the Mayor and Board of Aldermen on June 16, 2015.
Please present the enclosed to Mayor McGee for his review and signature.
If the enclosed meet with the Mayor's approval, upon execution our office will pick up the original and
one of the copies and deliver the original to the Mississippi Department of Revenue. Please retain a copy
for your records. If the City would like additional bound copies, please let us know and we will certainly
prepare them.
Thank you for your assistance in this matter. Please call or email if you have questions or concerns.

Enclosures

1064

BEFORE THE MISSISSIPPI DEPARTMENT OF REVENUE


ALCOHOLIC BEVERAGE CONTROL DIVISION

APPLICATION FOR QUALIFIED RESORT STATUS

COMES NOW, the Mayor and Board of Alderman of the City of Ridgeland, Mississippi and
requests the Mississippi Department of Revenue to grant a qualified resort status to 45 acres,
more or less, located between Highland Colony Parkway, the Natchez Trace and Interstate 55, as
more particularly described in Exhibit A attached hereto (the "Project"). The Project is located in
the City of Ridgeland, Madison County, Mississippi 39158. In support thereof, the City submits
the following, to wit:
I. Map of the Project

The survey and legal description attached hereto as Exhibit A clearly indicate the specific
area under consideration for which the qualified resort area status designation is sought.

II. Justification for Status

The Project is located in the City of Ridgeland, Mississippi, along Highland Colony Parkway.
The Project will be an extension of the existing, vibrant developments along Highland Colony
Parkway and will be an additional amenity that will service the citizens of the Metro-Jackson area.
This area attracts tourists and vacationers because of its popular retail, scenic attractions, and
facilities, and the Project area is strategically located to contribute to the existing developments.
The designation as a qualified resort area will serve as an additional attraction to visitors,
benefitting the City of Ridgeland, Madison County, and the Jackson area.

Ill. Endorsements
Attached hereto as Exhibit B are endorsements from the Madison County Business
League, Madison County Economic Development Authority, and the Ridgeland Tourism
Commission.

IV. Assurances from Law Enforcement


Attached as Exhibit C is the assurance from the Chief of Police of the City of Ridgeland,
Mississippi that he will insure that all Local Option Alcoholic Beverage Control Laws of the State
of Mississippi and the rules and regulations ofthe Alcoholic Beverage Division will be enforced.

1065

V. Minutes
Attached hereto as Exhibit 0 is a Certified Copy of the June 16, 2015 Board of Aldermen
Minutes of the City of Ridgeland, Mississippi approving the request for the Project for the
application as a qualified resort.

VI. Proof of Publication


Attached hereto as Exhibit E is the Proof of Publication of the Notice of Application for
Qualified Resort Status for the Project. As of the date of filing this Application, no public
comments have been received by the City of Ridgeland, Mississippi.
NOW, THEREFORE, the Mayor and Aldermen of the City of Ridgeland, Mississippi, hereby
request the Mississippi Department of Revenue grant the Project status as a qualified resort area
in the State of Mississippi which will allow it to serve alcoholic beverages during the hours of
operation.
The City asks for such other and further relief as may be reasonable under the premises.

This the

Ltuly,

2015.
City of Ridgeland, Mississippi

L;:: /JZO

BY:

Gene F. McGee, Mayor

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1066

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1067

EXHIBIT A

NATCHEZ TRACT PARIWVAY


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1068

EXHIBIT A
Property Description
A description of a tract or parcel of land containing 45.22 acres (1 ,969,830 square feet), more or
less, situated in the Northeast Quarter of Section 25, Township 7 North, Range 1 East, Madison
County, Mississippi. The below description is based on the Mississippi State Plane Coordinate
System, West Zone, NAD 83, grid values, U.S. Feet, and being more particular described as
follows, to wit:
Commencing at a found concrete monument located at the Northwest corner of Section 25,
Township 7 North, Range 1 East, Madison County, Mississippi, thence run East for a distance of
2691.85 feet to a point; thence run South for a distance of 779.50 feet to a found concrete
monument located on the existing south right-of-way line of the Natchez Trace Parkway, said
point being further described as "Monument 154" according to the United States Department of
Interior National Park Service Land Use and Maintenance Plans - Section 3P (Sheet 29 of 32);
thence along said existing south right-of-way line run, South 87 degrees 31 minutes 40 seconds
East for a distance of 136.00 feet to a found 1/2" rebar located at the intersection of said existing
south right-of-way line and the existing east right-of-way line of Highland Colony Parkway (a.k.a
South Madison County Parkway) according to the "Right-of-Way Plat South Madison County
Parkway" plans, Plat Cabinet C, Slots 54, 55, 56, 57, and 58, of record at the Chancery Clerk's
Office, Madison County, Mississippi, said point being hereinafter referred to as the POINT OF
BEGINNING;

From the POINT OF BEGINNING continue along said south right-of-way line of the Natchez Trace
Parkway run, South 87 degrees 31 minutes 40 seconds East for a distance of 470.29 feet to a
found concrete monument, said point being further described as "Monument 154A" according to
the above referenced plans - Section 3P; thence continue along said existing south right-of-way
line run, South 26 degrees 12 minutes 14 seconds East for a distance of 1648.58 feet to a 5/8"
rebar located at the intersection of said existing south right-of-way line and the existing west rightof-way line of Interstate 55; thence along said existing west right-of-way line run, South 19
degrees 16 minutes 54 seconds West for a distance of 134.20 feet to a 5/8" rebar located on said
existing west right-of-way line; thence continue along said existing west right-of-way line run,
South 19 degrees 37 minutes 06 seconds West for a distance of 446.55 feet to a 5/8" rebar located
at the intersection of said existing west right-of-way line and the south property line of that certain
tract of land conveyed to the City of Ridgeland as described in Deed Book 360, Page 632, records
of the Chancery Clerk's Office, Madison County, Mississippi; thence along said south property
line run, North 88 degrees 25 minutes 51 seconds West for a distance of 1015.65 feet to a found
1/2" rebar located on said existing east right-of-way line of Highland Colony Parkway, point also
being the southwest corner of that certain tract of land as described in Deed Book 2626, Page
291, records of the Chancery Clerk's Office, Madison County, Mississippi; thence along said
existing east right-of-way line the following 16 courses and distances:
North 00 degrees 14 minutes 17 seconds West for a distance of 37.45 feet to a 5/8" rebar;
North 45 degrees 22 minutes 14 seconds West for a distance of 44.07 feet to a 5/8" rebar;
thence along a curve to the left having an arc length of 112.78 feet, a radius of 900.00 feet, a
chord bearing of North 07 degrees 05 minutes 00 seconds West, and a chord distance of 112.70
feet to a 5/8" rebar; North 10 degrees 40 minutes 24 seconds West for a distance of 108.17 feet
to a 5/8" rebar; thence along a curve to the right having an arc length of 150.08 feet, a radius of
800.00 feet, a chord bearing of North 05 degrees 17 minutes 58 seconds West, and a chord
distance of 149.86 feet to a 5/8" rebar; North 00 degrees 04 minutes 31 seconds East for a

1069

distance of 185.58 feet to a 5/8" rebar; North 45 degrees 04 minutes 31 seconds East for a
distance of 42.43 feet to a 5/8" rebar; North 00 degrees 04 minutes 31 seconds East for a distance
of 43.00 feet to a 5/8" rebar; North 32 degrees 28 minutes 29 seconds West for a distance of
55.76 feet to a 5/8" rebar; North 00 degrees 04 minutes 31 seconds East for a distance of 730.97
feet to a 5/8" rebar; North 45 degrees 04 minutes 31 seconds East for a distance of 42.43 feet to
a 5/8" rebar; North 00 degrees 54 minutes 18 seconds East for a distance of 56.05 feet to a 5/8"
rebar; North 43 degrees 32 minutes 53 seconds West for a distance of 40.62 feet to a 5/8" rebar;
thence along a curve to the right having an arc length of 134.12 feet, a radius of 697.42 feet, a
chord bearing of North 10 degrees 42 minutes 36 seconds East, and a chord distance of 133.91
feet to a 5/8" rebar; North 16 degrees 15 minutes 49 seconds East for a distance of 100.09 feet
to a 5/8" rebar; thence along a curve to the left having an arc length of 206.77 feet, a radius of
866.21 feet, a chord bearing of North 09 degrees 25 minutes 30 seconds East, and a chord
distance of 206.28 feet back to the POINT OF BEGINNING, containing 45.22 acres {1 ,969,830
square feet), more or less, and being situated in the Northeast Quarter of Section 25, Township
7 North, Range 1 East, Madison County, Mississippi.

1070

ENDORSEMENTS
)

1071

Where Success Comes Naturally

June 24, 2015

Mississippi State Tax Commission


Alcoholic Beverage Control Division
Post Office Box 540
Madison, MS 39130-0540
RE:

Application by City of Ridgeland for Qualified Resort Status for 45 Acres


Located Between Highland Colony Parkway, the Natchez Trace Parkway
and Interstate 55

To Whom It May Concern,

This letter serves as an endorsement for the designation of 45 acres (more or less) located
between Highland Colony Parkway, the Natchez Trace Parkway and Interstate 55 as a
qualified resort area. Granting qualified resort status to this additional area will increase
the retail and tourism opportunities the City of Ridgeland can offer to the metro-Jackson
area and beyond, and we look forward to a strong working relationship with this
extension of the area's existing, vibrant commercial development.

Sincerely,

Coursey~

Tim
Executive Director
Cc:

Chris G. Gouras, Jr.

625 Highland Colony Parkway, Sutte 202, Ridgeland. MS 39157 I www.MadisonCoun1yEDA.com 1 601.605.0368 1 m 601.605.8662

1072

June 19, 2015

Mississippi State Tax Commission


Alcoholic Beverage Control Division
Post Office Box 540
Madison, MS 39130-0540
RE:

Application by City of Ridgeland for Qualified Resort Status for 45 Acres


Located Between Highland Colony Parkway, the Natchez Trace Parkway
and Interstate 55

To Whom It May Concern,


This letter serves as an endorsement for designating 45 acres (more or less) located
between Highland Colony Parkway, the Natchez Trace Parkway and Interstate 55 to
obtain qualified resort status.
We look forward to a strong working relationship with this extension of the area's
existing, vibrant commercial development. Granting qualified resort status to this
additional area will increase the retail and tourism opportunities the City of Ridgeland
can offer to the metro-Jackson area and beyond.

Sincerely~.'-- /

. ~~~JoJ
Executive Director
Ridgeland Tourism Commission
Cc:

Chris G. Gouras, Jr.

601.605.5252 I 1.800.468.6078 I fax 601.605.5248


1000 Highland Colony Parkway I Suite 6006
Ridgeland, Mississippi 39157
www. visitridgeland.com

1073

. Madison County

Business League
& Foundation

Onellision,

Onelloice~

June 22, 2015


Mississippi State Tax Commission
Alcoholic Beverage Control Division
Post Office Box 540
Madison, MS 39130-0540
Jill.~

Applie.atio.n by City of Ridgeland for Qu.alifi.ed Resort Status for


45 Acres Located Between Highland Colony Parkway, the
Natchez Trace Parkway and Interstate 55

To Whom It May Concern,

The Madison County Business League & Foundation is a member-driven private sector
organization of over two hundred business leaders and decision makers in the Madison
County and Metro Jackson Area whose mission is to unite with elected officials on all
levels of government to speak with one voice on matters of economic development and
.quality of life; and to serve as stakeholders for the Madison Countzy Economic
Development Authority.
This letter serves as an endorsement for designating 45 acres (more or less) located
between Highland Colony Parkway, the Natchez Trace Parkway and Interstate 55 to
obtain qualified resort status. Granting qualified resort status to this additional area
will increase the retail .and tourism opportunities the City of Ridgeland can offer to the
metro-Jackson area and beyond, and we look forward to a strong working relationship
with this extension of the area's existing, vibrant commercial development.

135 Highland Colony Parkway, Canton, MS 39046


Office 601.832.5592 Fax 601.407.2835

www.madisoncountybusinessleague.com

1074

ASSURANCE FROM CHIEF OF POLICE

1075

police department

June 29, 2015

Mississippi State Tax Commission


Alcoholic Beverage Control Division
Post Office Box 540
Madison, MS 39130-0540
RE:

Application by City of Ridgeland for Qualified Resort Status for 45 Acres


Located Between Highland Colony Parkway, the Natchez Trace Parkway and
Interstate 55

To Whom It May Concern:

Please be advised that the Ridgeland Police Department is aware of the application being made
by the City of Ridgeland, Mississippi for qualified resort area status for 45 acres located along
Highland Colony Parkway between the Natchez Trace Parkway and Interstate 55 in Ridgeland,
Mississippi.
Should the application for qualified resort status be granted, as Chief of Police of the City of
Ridgeland, Mississippi I can give you my assurance that our department will enforce any and all
local Alcoholic Beverage Control Laws of the State of Mississippi and all rules and regulations
of the Alcohol Beverage Control Division.
Should the application for qualified resort status be granted, we would appreciate receiving
notification of same so we might enforce all applicable laws, rules, and regulations.

115 West School Street Ridgeland, MS 39157


Ph: 601.856.2121 www.ridgelandms.org
Gene F. McGee, cmo- mayor John R. Neal- chief of police
board of aldermen: Dl Smith, cmo - at- large Ken Heard, cmo, mayor pro tempore -ward 1 Chuck Gautier, cmo -ward 2
Kevin Holder, cmo- ward 3 Brian P. Ramsey, cmo- ward 4 Scott Jones, cmo- ward 5 Wesley Hamlin, cmo- ward 6

1076

CITY OF RIDGELAND
ORDER OF MINUTES
)

1077

COUNTY OF MADISON
I. Paula Tierce. City Clerk for the City
certify that the foregoing is a true and
June 16. 2015 Board of Ald
en Minutes.
in my
,,,,.,,..._..,,,.

of Ridgeland. do hereby
correct copy of the
as appears of record
MEETING OF THE
,. '' ~~JS'-~D BOAHD OF ALDERMAN OF THE
1'0 (
~~ RIDGELAND, MISSISSIPPI

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000615

June 16, 2015


6:00PM

The Mayor opened\"',jeC /j;.~i,~r/2015 meeting of the Mayor and Board of Aldermen to order.
Present were Mayor ~e F. McGee!~i't1erman D. I. Smith, Alderman Brian Ramsey, Alderman Ken
Heard, Alderman Kevin f!r&h!ar1 olttU~rman Scott Jones, Alderman Chuck Gautier, City Attorney James
Gabriel, and City Clerk Paula Tierce. Absent was Alderman Wes Hamlin. The meeting was opened with
an invocation by Alderman Scott Jones followed by the Pledge of Allegiance.

**********************************
The Mayor and Board of Aldermen were provided the June 2015 Sales Tax Report and the May 2015
Financial Report.

*********************************
Next came the recognition of Officer Erin Boyd for being selected as "Officer ofthe Month" for May
2015. Mayor McGee informed the Board of Aldermen that Officer Erin Boyd responded to the Chateau
at Ridgeland in reference to an unresponsive male who had fallen. Upon Officer Boyd's arrival, she
found that the male was still unresponsive. Officer Boyd, who is also a certified paramedic, immediately
began CPR and continued CPR for approximately five minutes until the Ridgeland Fire Department
personnel arrived on scene. At this time a fire paramedic continued while Officer Boyd intubated the
unresponsive male and provided additional life-saving medical attention. The unresponsive male became
responsive and was transported by ambulance to the hospital. Due to Officer Boyd's initiative, quick
thinking, and emergency medical experience, she saved the life of another human being who had fallen
and had sustained serious injury. Mayor McGee informed Officer Boyd that her actions were
commendable and indicative of a professional and motivated officer. Mayor McGee then thanked Officer
Erin Boyd for her dedicated service to the citizens of Ridgeland, Mississippi.

*******************************

Next came the matter of accepting the Minutes of the June 2, 2015 Board of Aldermen meeting and the
June I, 2015 Work Session Minutes. The Minutes were accepted and approved with no corrections
noted.

*********************************
CONTINUATION OF PUBLIC HEARING
CONSIDERATION OF CLASS A NON-CONFORMING STATUS
B&M MANAGEMENT COMPANY, LLC (ARBORS AT THE NATCHEZ TRACE)
REBUTTAL ONLY
Mayor McGee informed the Board of Alderman that the Public Hearing was continued until the first
meeting in July, being July 7, 2015, at the request of Kelly Simpkins, attorney for the City of Ridgeland.

**********************************
Next came the consideration of an Ordinance Enlarging, Extending and Defining the Corporate Limits
and Boundaries of the City of Ridgeland, Madison County, Mississippi. Alderman Chuck Gautier moved
to adopt the Ordinance Enlarging, Extending and Defining the Corporate Limits and Boundaries of the
City of Ridgeland, Madison County, Mississippi. The Motion was seconded by Alderman Brian Ramsey
and a vote was taken thereon as follows:
Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Alderman Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wes Hamlin

Aye
Aye
Aye
Aye
Aye
Aye
Absent

1078

000616
The Mayor then declared the Motion carried. A copy of the Ordinance Enlarging, Extending and
Defining the Corporate Limits and Boundaries of the City of Ridgeland, Madison County, Mississippi is
attached hereto as Exhibit "A".

*******************************
(Alderman Chuck Gautier recused himself and left the meeting)
Next came the consideration of a Special Event Permit Application submitted by The Club for the Sprint
and Splash 5K on August 8, 2015 from 5:30p.m. to 7:00p.m. Alderman Kevin Holder moved to approve
the Special Event Permit Application. The Motion was seconded by Alderman D. I. Smith and a vote was
taken thereon as follows:
Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Alderman Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wes Hamlin

Aye
Aye
Absent
Aye
Aye
Aye
Absent

The Mayor then declared the Motion carried. A copy of the Special Event Permit is attached hereto as
Exhibit "B".

********************************
(Alderman Chuck Gautier re-joined the meeting)
Next came the matter of the items set out on the Consent Agenda. Alderman Chuck Gautier moved to
approve the Consent Agenda:
a)

)
b)
c)
d)

e)
f)
g)
h)
i)
j)
k)
I)

Budget Amendment Transferring $800.00 from 001-040-501 (Administration Computer


Expenses), $5,000.00 from 001-040-601 (Administration Legal Fees), $500.00 from 001040-602 (Administration Audit & Accounting), $15,400.00 from 001-040-604
(Administration Professional Fees Other), $3,000.00 from 001-040-610 (Administration
Travel), $156.00 from 001-040-730 (Capital Machinery & Equipment), and $12,000.00 from
001-080-681 (HR Training) to 001-040-730 (MIS Capital Machinery & Equipment) for the
Purchase of Additional Memory for Virtual Servers and Upgrade Replacement of Equa!Logic
SAN- Resolution Attached Hereto As Exhibit "C"
Receive May 2015 Privilege License Report- Order Attached Hereto As Exhibit "D"
Addendum for Ecommerce Merchant Account for Court Payments- Order Attached Hereto
As Exhibit "E"
Donation from Madison County Board of Supervisors and Budget Amendment Increasing
Accounts 001-000-348 (Donations Restricted) and 001-100-730 (Police Capital) $27,269.90
for the Purchase of 20 Hand Held Radios and 15 Car Radios - Resolution Attached Hereto As
Exhibit "F"
Declare Property Surplus and Authorize Trade- Resolution Attached Hereto As Exhibit "G"
Special Event- Dress for Success- Order Allached Hereto As Exhibit "H"
Declare Property Surplus and Authorize Purchase by Retiree- Resolution Attached Hereto
As Exhibit "!"
Petition to Vacate an Unimproved Alley in Block 4, Town of Ridgeland- Ordinance
Altached Hereto as Exhibit "J"
Sidewalk Variance Request for Maison Bleu Subdivision- Resolution Attached Hereto As
Exhibit "K"
Renewal of Waste Management Recycling Contract- Order Attached Hereto As Exhibit "L"
Payment of Relocation Expenses to Barbara J. Hobson for Lake Harbour Drive Extension
Project- Order Attached Hereto As Exhibit "M"
Alderman Ken Heard Relinquishing Mayor Pro Tempore Position and Nominating Alderman
Chuck Gautier as Mayor Pro Tempore Effective July I, 2015- Order Attached Hereto As
Exhibit "N"

The Motion was seconded by Alderman D. I. Smith and a vote was taken thereon as follows:
Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Alderman Kevin Holder
Alderman Brian Ramsey

Aye
Aye
Aye
Aye
Aye

1079

000617
Alderman Scott Jones
Alderman Wesley Hamlin

Aye
Absent

The Mayor then declared the Motion carried.

***********************************
Next came the consideration of the nomination of Alderman Chuck Gautier for the position of Mayor Pro
effective July I, 2015. Alderman D. I. Smith moved to approve the nomination of Alderman
Chuck Gautier for the position of Mayor Pro Tempore effective July I, 2015. The Motion was seconded
by Alderman Ken Heard and a vote was taken thereon as follows:

Tempor~J

Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Alderman Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wes Hamlin

Aye
Aye
Aye
Aye
Aye
Aye
Absent

The Mayor then declared the Motion carried.

************************************
PAYMENT OF CLAIMS
Next came for consideration the payment of claims. Alderman Scott Jones moved that claim numbers
123499 through 123906 and June 12, 2015 Payroll be approved and paid. The Motion was seconded by
Alderman Kevin Holde_r and a vote was taken thereon as follows:

Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Aldennan Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wesley Hamlin

Aye
Aye
Aye
Aye
Aye
Aye
Absent

The Mayor then declared the Motion carried.

**********************************
Mayor McGee then informed the Board of Aldermen of the need to go into Closed Session to discuss the
need to go into Executive Session to discuss economic development and potential litigation. Alderman
Brian Ramsey made a Motion to go into Closed Session to discuss the need to go into Executive Session
to discuss economic development and potential litigation. The Motion was seconded by Alderman Scott
Jones and a vote was taken thereon as follows:
Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Alderman Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wes Hamlin

Aye
Aye
Aye
Aye
Aye
Aye
Absent

*************************************
CLOSED SESSION
Alderman Chuck Gautier made a Motion to go into Executive Session to discuss economic development
and potential litigation. The Motion was seconded by Alderman Brian Ramsey and a vote was taken
thereon as follows:
Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier

Aye
Aye
Aye

1080

000618
Alderman Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wes Hamlin

Aye
Aye
Aye
Absent

The Mayor then declared the. Motion carried .

EXECUTIVE SESSION
Alderman Ken Heard made a Motion to establish just compensation for parcels numbered 001-0-00-W,
002-0-00-W, and 003-0-00-WI, W2,-T for the Lake Harbour Drive Extension Project and authorize the
Mayor to sign the Establishment of Just Compensation Offer. The Motion was seconded by Alderman
Brian Ramsey and a vote was taken thereon as follows:
Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Alderman Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wes Hamlin

Aye
Aye
Aye
Aye
Aye
Aye
Absent

The Mayor then declared the Motion carried. A copy of the Establishment of Just Compensation Offer
for parcels numbered 001-0-00-W, 002-0-00-W, and 003-0-00-Wl, W2, -Tare attached hereto as Exhibit
"0".

Alderman Scott Jones made a Motion to authorize the publication of required notices and file the
application for qualified resort status with the Mississippi Department of Revenue and to authorize the
City to take all other action as necessary to effectuate the designation of the 45 acres as a qualified resort
area. The Motion was seconded by Alderman Brian Ramsey and a vote was taken thereon as follows:

Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Alderman Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wes Hamlin

Aye
Aye
Aye
Aye
Aye
Aye
Absent

The Mayor then declared the Motion carried. A copy of the Notice of Application For Qualified Resort
Status is attached hereto as Exhibit "P".
Alderman Brian Ramsey made a Motion to leave Executive Session. The Motion was seconded by
Alderman Kevin Holder and a vote was taken thereon as follows:
Alderman D. I. Smith
Alderman Ken Heard
Alderman Chuck Gautier
Alderman Kevin Holder
Alderman Brian Ramsey
Alderman Scott Jones
Alderman Wes Hamlin

Aye
Aye
Aye
Aye
Aye
Aye
Absent

The Mayor then declared the Motion carried.

***********************************
The Mayor reopened the meeting and announced the action taken by the Board of Aldermen while in
Executive Session.

There being no further business before the Mayor and Board of Aldermen, the Mayor recessed the
meeting at 6:45 p.m. until 8:30a.m. at the law office of Wells Marble, which is located at 300 Concourse
Blvd., Suite 200, Ridgeland, Mississippi.

1081

000619

GENE F. MCGEE,

L
)

1082

NOTICE OF APPLICATION FOR QUALIFIED RESORT STATUS


Notice is hereby given pursuant to Alcohol Beverage Control Regulation, Section 3.07, Title
35, Part II, Mississippi Administrative Code that an application is being made for an area
located in the City of Ridgeland, Madison County, State of Mississippi, to be recognized as a
"qualified resort area" more particularly described as follows:
A description of a tract or parcel of land containing 45.22 acres (1 ,969,830 square feet), more
or less, situated in the Northeast Quarter of Section 25, Township 7 North, Range 1 East,
Madison County, Mississippi. The below description is based on the Mississippi State Plane
Coordinate System, West Zone, NAD 83, grid values, U.S. Feet, and being more particular
described as follows, to wit:
Commencing at a found concrete monument located at the Northwest comer of Section 25,
Township 7 North, Range 1 East, Madison County, Mississippi, thence run East for a distance
of 2691.85 feet to a point; thence run South for a distance of 779.50 feet to a found concrete
monument located on the existing south right-of-way line of the Natchez Trace Parkway, said
point being further described as "Monument 154" according to the United States Department
of Interior National Park Service Land Use and Maintenance Plans - Section 3P (Sheet 29 of
32); thence along said existing south right-of-way line run, South 87 degrees 31 minutes 40
seconds East for a distance of 136.00 feet to a found 1/2" rebar located at the intersection of
said existing south right-of-way line and the existing east right-of-way line of Highland Colony
Parkway (a.k.a South Madison County Parkway) according to the "Right-of-Way Plat South
Madison County Parkway" plans, Plat Cabinet C, Slots 54, 55, 56, 57, and 58, of record at the
Chancery Clerk's Office, Madison County, Mississippi, said point being hereinafter referred to
as the POINT OF BEGINNING;
)

From the POINT OF BEGINNING continue along said south right-of-way line of the Natchez
Trace Parkway run, South 87 degrees 31 minutes 40 seconds East for a distance of 470.29
feet to a found concrete monument, said point being further described as "Monument 154A"
according to the above referenced plans - Section 3P; thence continue along said existing
south right-of-way line run, South 26 degrees 12 minutes 14 seconds East for a distance of
1648.58 feet to a 5/8" rebar located at the intersection of said existing south right-of-way line
and the existing west right-of-way line of Interstate 55; thence along said existing west rightof-way line run, South 19 degrees 16 minutes 54 seconds West for a distance of 134.20 feet
to a 5/8" rebar located on said existing west right-of-way line; thence continue along said
existing west right-of-way line run, South 19 degrees 37 minutes 06 seconds West for a
distance of 446.55 feet to a 5/8" rebar located at the intersection of said existing west right-ofway line and the south property line of that certain tract of land conveyed to the City of
Ridgeland as described in Deed Book 360, Page 632, records of the Chancery Clerk's Office,
Madison County, Mississippi; thence along said south property line run, North 88 degrees 25
minutes 51 seconds West for a distance of 1015.65 feet to a found 1/2" rebar located on said
existing east right-of-way line of Highland Colony Parkway, point also being the southwest
corner of that certain tract of land as described in Deed Book 2626, Page 291, records of the
Chancery Clerk's Office, Madison County, Mississippi; thence along said existing east rightof-way line the following 16 courses and distances:
North 00 degrees 14 minutes 17 seconds West for a distance of 37.45 feet to a 5/8" rebar;
North 45 degrees 22 minutes 14 seconds West for a distance of 44.07 feet to a 5/8" rebar;
thence along a curve to the left having an arc length of 112.78 feet, a radius of 900.00 feet, a
chord bearing of North 07 degrees 05 minutes 00 seconds West, and a chord distance of
112.70 feet to a 5/8" rebar; North 10 degrees 40 minutes 24 seconds West for a distance of
108.17 feet to a 5/8" rebar; thence along a curve to the right having an arc length of 150.08
feet, a radius of 800.00 feet, a chord bearing of North 05 degrees 17 minutes 58 seconds

1083

West, and a chord distance of 149.86 feet to a 5/8" rebar; North 00 degrees 04 minutes 31
seconds East for a distance of 185.58 feet to a 5/8" rebar; North 45 degrees 04 minutes 31
seconds East for a distance of 42.43 feet to a 5/8" rebar; North 00 degrees 04 minutes 31
seconds East for a distance of 43.00 feet to a 5/8" rebar; North 32 degrees 28 minutes 29
seconds West for a distance of 55.76 feet to a 5/8" rebar; North 00 degrees 04 minutes 31
seconds East for a distance of 730.97 feet to a 5/8" rebar; North 45 degrees 04 minutes 31
seconds East for a distance of 42.43 feet to a 5/8" rebar; North 00 degrees 54 minutes 18
seconds East for a distance of 56.05 feet to a 5/8" rebar; North 43 degrees 32 minutes 53
seconds West for a distance of 40.62 feet to a 5/8" rebar; thence along a curve to the right
having an arc length of 134.12 feet, a radius of 697.42 feet, a chord bearing of North 10
degrees 42 minutes 36 seconds East, and a chord distance of 133.91 feet to a 5/8" rebar;
North 16 degrees 15 minutes 49 seconds East for a distance of 100.09 feet to a 5/8" rebar;
thence along a curve to the left having an arc length of 206.77 feet, a radius of 866.21 feet, a
chord bearing of North 09 degrees 25 minutes 30 seconds East, and a chord distance of
206.28 feet back to the POINT OF BEGINNING, containing 45.22 acres (1 ,969,830 square
feet), more or less, and being situated in the Northeast Quarter of Section 25, Township 7
North, Range 1 East, Madison County, Mississippi.
This application is being filed by the Mayor and Board of Alderman of the City of Ridgeland.
As required by said law, the content of the said application shall include: 1) a map marked to
indicate the specific area under consideration; 2) The reasons why the area should be declared
a resort area are that this area attracts tourists and vacationers because of its retail and scenic
attractions and facilities and that the area designated herein serves the tourist and vacationers
to a very high degree; 3) endorsements from three civic clubs in the area; 4) assurances from
both the Sheriff of Madison County and the Chief of Police of the City of Ridgeland that will
ensure that their respective departments will enforce the Local Option Alcoholic Beverage
Control Laws of the Alcoholic Beverage Control Commission in such areas; and 5) a certified
copy of the Order as entered on the minutes of the Mayor and Board of Alderman of Ridgeland,
Mississippi regarding said resort area classification.
Request is hereby made pursuant to said law for an expression of public opinion from residents
in the above described area under consideration in connection with said approval. Opinions
should be forward to the Alcohol Beverage Control Division, Post Office Box 540 Madison,
Mississippi, 39130-0540. Notice is hereby given that approval on the application rests not with
the Mayor and Board of Aldermen of Ridgeland, Mississippi, but with the State of Mississippi
pursuant to the laws of the State of Mississippi. Approval of the described area as a resort
area will permit the operation of open bars in the area. Any person wishing to request a hearing
before the Board of Tax Appeals on the resort status of the area described herein must request
a hearing in writing and it must be received by the Department of Revenue within (15) fifteen
days from the first date this notice was published. Requests shall be sent to: Chief
Counsel/Legal Division, Department of Revenue, P. 0. Box 22828, Jackson, MS 39225.
THIS, the

\\.,&~day of June, 201

CITY
By:~~--~----~~~._~~~~

Gene F. McGee, Mayor


Date of First Publication: 6/25/2015
Date of Second Publication: 7/2/2015

1084

PLEASE PUBLISH THE ABOVE AS FOLLOWS:

Date of First Publication:

6/25/2015

Date of Second Publication:

7/2/2015

PLEASE SEND INVOICE AND PROOF OF PUBLICATION TO:

Paula Tierce, City Clerk


City of Ridgeland
304 Highway 51
Ridgeland, MS 39157
601-856-7113

PLEASE SEND 2 PROOFS OF PUBLICATION TO:


Gouras & Associates
)

PO Box 1465
Ridgeland, MS 39158
601-605-8128

1085

PROOF OF PUBLICATION
)

1086

PROOF OF PUBLICATION
THE STATE OF MISSISSIPPI
MADISON COUNTY
PERSONALLY appeared before me, the undersigned notary public in and for Madison County,
Mississippi, Michael Simmons, Associate Editor and Publisher of THE MADISON COUNTY
JOURNAL, a weekly newspaper of general circulation in Madison County, Mississippi as
defined and prescribed in Section 13-3-31, of the Mississippi Code of 1972, as amended, who,
being duly sworn, states that the notice, a true copy of which is attached hereto was published in
the issues of said newspaper as follows:

Date

~ '2-.

~'+,No.&;/

Vol.
Date

Vol.

,2015

~~-----'2-5_ .2015
~Lf.N~

Date

2015

Vol.

No.

Date

2015

Vol.

No.

"

Signed:

.A JJJ

Associate Editor and Publisher


THE MADISON COUNTY JOURNAL

SWORN TO AND SUBSCRIBED before me the

day

of~'---+-l----'' 2015.

1087
~------------------------------------------

----------------------------------.

PROOF OF PUBLICATION
THE STATE OF MISSISSIPPI
MADISON COUNTY
.-

PERSONALLY appeared before me, the undersigned notary public in and for Madison County,
Mississippi, Michael Simmons, Associate Editor and Publisher of THE MADISON COUNTY
JOURNAL, a weekly newspaper of general circulation in Madison County, Mississippi as
defined and prescribed in Section 13-3-31, of the Mississippi Code of 1972, as amended, who,
being duly sworn, states that the notice, a true copy of which is attached hereto was published in
the issues of said newspaper as follows:

Date
Vol.
Date

Vol.

~ '2-.

,2015

~~.

~.....eL'2-::;_ ,2015
. ~L{.N~

Date

2015

Vol.

No.

Date

2015

Vol.

No.

Associate Editor and Publisher


THE MADISON COUNTY JOURNAL
SWORN TO AND SUBSCRIBED before me the

1088

~.~,.,.,. Mt~

JNHU. UWIIIW ...,,.tllifU.Wf ,.,..

.ferred lo as the POINT OF BEGIN


NING;
From the POINT OF BEGINNING continue alOng said south rlght-()f~ay line
of the Natchez trac!J Parkway run,
South 81 degrees 31 mlnutea 40
seconds Elisf.for a distance of 470.29
feet a foundooncf&te monument,
aald point being further cleacribed .l!s
"Monument 154A" according to the
above .Nlferenced plans - Sectlon 3P;
thence continue along uld exhlllng
south rlght-()fway line run, South 26
degrees 12 minutes 14. iiiCOnds East
for a distance of 164tt58 feet to. a Sis
re.bllr loc:ated at the int81HC1kin of lllld
.exi~Ung$0uth right-ofoivay lln81Uid the
existing west right-of-way Jfne of Inter~
state ~: thence along said existing
west rlght-()f-way line run, South 19 di!Qflell1& ~lnutuS4 seconds WISt for
a di$ta,nce of
feet ~ a 518" reber located on said exlallnt{wast right;
of-way line; then~ oonUnue along said
.exla.tlng .weat right-of-way line run,
Sou'lll '19 degrees 37' mlnute.s 06
lliiConds West for a distance of 4'16.55
fat1t to a 5/ir nibar lOcated at the inter
seC~~cm of saki existing west Jightof
way lint and the &Outh Pl'lljlerty line of
that certiil.n. tract of land conveyed io
the PIIY of Rl!lgeland es dqcrlbed In
Deed Book 360. Page (132, reCQrds of
1M Chai)Ctry Clerk'a Office, Madlaon
County, Mlsalseljlpl; thenqe alOng said
south property llne.run, Nortb 88: de
gi'H$ 25 minutes 51 ilecondtW1181 for
a diatilnc. of 1015.65 feet to a found
112"BbadocaleQ Ql\ aald~nguit
righk:if;.wity line ;of Hfghfand Colony
Parkway, pOint also. being the southw
est c:Omer .of' that ceitaln :tract of land

to

PROOF OF PUBLICATION
THE STATE OF MISSISSIPPI
MADISON COUNTY
PERSONALLY appeared before me, the undersign
Mississippi, Michael Simmons, Associate Editor ar
JOURNAL, a weekly newspaper of general circula:
defined and prescribed in Section 13-3-31, of the :tv
being duly swom, states that the notice, a true copy
the issues of said newspaper as follows:

Date
Vol.

Date
)
l

Vol.

~ '2.,

,2015

~Lt ,No.%::]

~-e L. '2-::;___ '2015


. _gf{,N2b

Date

2015

Vol.

No.

Date

2015

Vol.

No.

1auo

aad~beii 1n ~BOQJ< 2626, f>ll~

2$1, r&cxl!ijs of the Chancery ~erlt'a


Ortl<:e,
County, MfaslllslpJ11;

UINIUitl 111111 .1111111' Fllllpii(;UV8 ll.epart-

m.enl& will. enforce the Loll!ll Option AJ.


ooholfc Beverage Control Laws of the
Alcoholic Beverage Control Commission In such araaa; and 5} a cerllfied
copy of the Ordar as enfered on' ihe
. minutes of the Mayor and Board of AJ.
d8!Tilan of Ridgeland, Mlsillssippl regarding said resort area classlilcatlon.
Request is hereby made puNlUani to
said law for an expression of public .
opiniOn from r&$idents In the abOve described area under consideration In
connection with said approval. Opln
iona should be forward to the Aloohol
Beverilge Control Dl\llslon, Post Office
Box 540 Madillon,. Mlssisslpp~ :!9:1300540. Notice is hereby glveri that ap
pi'OVal 0/1 the ilppllceUon rests no! with
the Mayor llnd BOard of Aldermen of
Ridgeland, Miislsslppl, bui with 'the
State of MIS!ilsslppl pursuant to the
laws of the State of Ml~issippi. Ap
proval of. the descri~d area !is
sort area will perinll the Qperatlon of
open bar$ .In the ar.a. Any para.on
Wishing to request a hearing bafora the
Board of Tax A!>peala on the rell(lrt
status cit the area described herein
must Nlquesla hearing In writing and It
must be received by:theOe!larfmenlof
Revenue within (15) (lfteeri days from.
the first date this nofli:e Wall publlall~
Requests shalf ba sent to: Ch!efCounsei/Legal OMalon, D&PI!rtment Revenue, P. o..Box 22828, Jl!ckson, M.S
39225.
THIS,lhe 16th day of June, 2015.
CITY OF RIDGELAND, MISSISSIPPI
Bv: fi Gent E. McGee
G&ne,f'. McGIHi, Mayor
Date of First Publication: 06/2512015
Data ot 8econP: Publication:

are..

of

07102l2o15

Associate Editor and Publisher

1089

NOTICE OF APPLICATION FOR QUALIFIED RESORT STATUS

Notice is hereby given pursuant to Alcohol Beverage Control Regulation, Section 3.07, Title
35, Part II, Mississippi Administrative Code that an application is being made for an area
located in the City of Ridgeland, Madison County, State of Mississippi, to be recognized as a
"qualified resort area" more particularly described as follows:
A description of a tract or parcel of land containing 45.22 acres (1 ,969,830 square feet), more
or less, situated in the Northeast Quarter of Section 25, Township 7 North, Range 1 East,
Madison County, Mississippi. The below description is based on the Mississippi State Plane
Coordinate System, West Zone, NAD 83, grid values, U.S. Feet, and being more particular
described as follows, to wit:
Commencing at a found concrete monument located at the Northwest corner of Section 25,
Township 7 North, Range 1 East, Madison County, Mississippi, thence run East for a distance
of 2691.85 feet to a point; thence run South for a distance of 779.50 feet to a found concrete
monument located on the existing south right-of-way line of the Natchez Trace Parkway, said
point being further described as "Monument 154" according to the United States Department
of Interior National Park Service Land Use and Maintenance Plans- Section 3P (Sheet 29 of
32); thence along said existing south right-of-way line run, South 87 degrees 31 minutes 40
seconds East for a distance of 136.00 feet to a found 1/2" rebar located at the intersection of
said existing south right-of-way line and the existing east right-of-way line of Highland Colony
Parkway (a.k.a South Madison County Parkway) according to the "Right-of-Way Plat South
Madison County Parkway" plans, Plat Cabinet C, Slots 54, 55, 56, 57, and 58, of record at the
Chancery Clerk's Office, Madison County, Mississippi, said point being hereinafter referred to
as the POINT OF BEGINNING;
From the POINT OF BEGINNING continue along said south right-of-way line of the Natchez
Trace Parkway run, South 87 degrees 31 minutes 40 seconds East for a distance of 470.29
feet to a found concrete monument, said point being further described as "Monument 154A"
according to the above referenced plans - Section 3P; thence continue along said existing
south right-of-way line run, South 26 degrees 12 minutes 14 seconds East for a distance of
1648.58 feet to a 5/8" rebar located at the intersection of said existing south right-of-way line
and the existing west right-of-way line of Interstate 55; thence along said existing west rightof-way line run, South 19 degrees 16 minutes 54 seconds West for a distance of 134.20 feet
to a 5/8" rebar located on said existing west right-of-way line; thence continue along said
existing west right-of-way line run, South 19 degrees 37 minutes 06 seconds West for a
distance of 446.55 feet to a 5/8" rebar located at the intersection of said existing west right-ofway line and the south property line of that certain tract of land conveyed to the City of
Ridgeland as described in Deed Book 360, Page 632, records of the Chancery Clerk's Office,
Madison County, Mississippi; thence along said south property line run, North 88 degrees 25
minutes 51 seconds West for a distance of 1015.65 feet to a found 1/2" rebar located on said
existing east right-of-way line of Highland Colony Parkway, point also being the southwest
corner of that certain tract of land as described in Deed Book 2626, Page 291, records of the
Chancery Clerk's Office, Madison County, Mississippi; thence along said existing east rightof-way line the following 16 courses and distances:
North 00 degrees 14 minutes 17 seconds West for a distance of 37.45 feet to a 5/8" rebar;
North 45 degrees 22 minutes 14 seconds West for a distance of 44.07 feet to a 5/8" rebar;
thence along a curve to the left having an arc length of 112.78 feet, a radius of 900.00 feet, a
chord bearing of North 07 degrees 05 minutes 00 seconds West, and a chord distance of
112.70 feet to a 5/8" rebar; North 10 degrees 40 minutes 24 seconds West for a distance of
108.17 feet to a 5/8" rebar; thence along a curve to the right having an arc length of 150.08
feet, a radius of 800.00 feet, a chord bearing of North 05 degrees 17 minutes 58 seconds

1090

West, and a chord distance of 149.86 feet to a 5/8" rebar; North 00 degrees 04 minutes 31
seconds East for a distance of 185.58 feet to a 5/8" rebar; North 45 degrees 04 minutes 31
seconds East for a distance of 42.43 feet to a 5/8" rebar; North 00 degrees 04 minutes 31
seconds East for a distance of 43.00 feet to a 5/8" rebar; North 32 degrees 28 minutes 29
seconds West for a distance of 55.76 feet to a 5/8" rebar; North 00 degrees 04 minutes 31
seconds East for a distance of 730.97 feet to a 5/8" rebar; North 45 degrees 04 minutes 31
seconds East for a distance of 42.43 feet to a 5/8" rebar; North 00 degrees 54 minutes 18
seconds East for a distance of 56.05 feet to a 5/8" rebar; North 43 degrees 32 minutes 53
seconds West for a distance of 40.62 feet to a 5/8" rebar; thence along a curve to the right
having an arc length of 134.12 feet, a radius of 697.42 feet, a chord bearing of North 10
degrees 42 minutes 36 seconds East, and a chord distance of 133.91 feet to a 5/8" rebar;
North 16 degrees 15 minutes 49 seconds East for a distance of 100.09 feet to a 5/8" rebar;
thence along a curve to the left having an arc length of 206.77 feet, a radius of 866.21 feet, a
chord bearing of North 09 degrees 25 minutes 30 seconds East, and a chord distance of
206.28 feet back to the POINT OF BEGINNING, containing 45.22 acres (1 ,969,830 square
feet), more or less, and being situated in the Northeast Quarter of Section 25, Township 7
North, Range 1 East, Madison County, Mississippi.
This application is being filed by the Mayor and Board of Alderman of the City of Ridgeland.
As required by said law, the content of the said application shall include: 1) a map marked to
indicate the specific area under consideration; 2) The reasons why the area should be declared
a resort area are that this area attracts tourists and vacationers because of its retail and scenic
attractions and facilities and that the area designated herein serves the tourist and vacationers
to a very high degree; 3) endorsements from three civic clubs in the area; 4) assurances from
both the Sheriff of Madison County and the Chief of Police of the City of Ridgeland that will
ensure that their respective departments will enforce the Local Option Alcoholic Beverage
Control Laws of the Alcoholic Beverage Control Commission in such areas; and 5) a certified
copy of the Order as entered on the minutes of the Mayor and Board of Alderman of Ridgeland,
Mississippi regarding said resort area classification.
Request is hereby made pursuant to said law for an expression of public opinion from residents
in the above described area under consideration in connection with said approval. Opinions
should be forward to the Alcohol Beverage Control Division, Post Office Box 540 Madison,
Mississippi, 39130-0540. Notice is hereby given that approval on the application rests not with
the Mayor and Board of Aldermen of Ridgeland, Mississippi, but with the State of Mississippi
pursuant to the laws of the State of Mississippi. Approval of the described area as a resort
area will permit the operation of open bars in the area. Any person wishing to request a hearing
before the Board of Tax Appeals on the resort status of the area described herein must request
a hearing in writing and it must be received by the Department of Revenue within (15) fifteen
days from the first date this notice was published. Requests shall be sent to: Chief
Counsel/Legal Division, Department of Revenue, P. 0. Box 22828, Jackson, MS 39225.
THIS, the

\~*'-day of June, 201

CITY

By:~~--~---4-r~~~~~=-+
Gene F. McGee, Mayor
Date of First Publication: 6/25/2015
Date of Second Publication: 7/2/2015

1091

PLEASE PUBLISH THE ABOVE AS FOLLOWS:

Date of First Publication:

6/25/2015

Date of Second Publication:

7/2/2015

PLEASE SEND INVOICE AND PROOF OF PUBLICATION TO:

Paula Tierce, City Clerk


City of Ridgeland
304 Highway 51
Ridgeland, MS 39157
601-856-7113

PLEASE SEND 2 PROOFS OF PUBLICATION TO:


Gouras & Associates
PO Box 1465
Ridgeland, MS 39158
601-605-8128

1092

l
l
l
Fl

,I

Fl.'.
:I

'l

.~.]
"-

TAX INCREMENT FINANCING


REDEVELOPMENT PLAN

c;ITY OF RIDGELAND,
MISSISSIPPI

J
2003
..

'!. j
.
.

JIMMY G. GOURAS

L---------

URBAN PLANNING CONSULTANTS, INC.

---------1

1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net
1093

HARRIS GENO & DUNBAR, P.A.


Attomeys at Law
Telephone

601-948-0048

W. Larry Harris

111 East Capitol Street, Suite 290


Post Office Box 3919
Jacl~son, Mississippi 39207-3919

Legal Assistants:
Duell Smith
Kay Valentine

Facsimile

601-948-0050

E-MaJ
w!harris@harrisgenodu.nbar.com

August 11, 2003

Honorable Gene F. McGee, Mayor


City of Ridgeland, Mississippi
Post Office Box 217
Ridgeland, Mississippi 39158-0217
RE:

Tax Increment Financing Redevelopment Plan


City of Ridgeland, Mississippi

Dear Gene:
I have examined the referenced document and have found it to be in order and in compliance
with the Tax Increment Financing Act. I gave Chris Gouras comments, all of which were nonsubstantive.
I obviously did not compare the referenced document to the master plan of the City for
consistency leaving that to Gouras & Associates.
I thank you again for allowing our firm to assist the City in connection with this project.
With kindest personal regards,
Sincerely,

WLH/cds
cc:
Jerry Mills, Esquire
Mr. Stewart Speed
Mr. Chris Gouras

1094

08/11/~003

15:37

HARRIS (iEHO & DUtlBAR

601'3480050

1-IA.RRIS GENO & DlJNBAR, P ..A.


Attorneys at l..aw
Tel"l'h"''"
60l-9.J:o8-0048

.lll Eaet Capitol Str.oet, Suite 290


Post Office Box 3919
Jad~9ol.1. 1 Mi$t:issippi 39207.-3919

W, La:n; Ha,;.r.i.s

Legal A"'"'"tnnts:

F;,<:.:im.ile
601-948-0050

E.H.. ;I
..,lh~..ri@honilln~!,,.,J,.r,c<>m

Dn.:Jl Smith
Kny V ... J.~.,~tinc

August 11, 2003

Honorable Gene F. McGee, Mayor


City of Ridgeland, Mississippi
Post Oftke Box 21 7
Ridgeland, l'vfississippi 39158-0217
RE:

Tax Increment Financing Redevelopment Pla11.


City of Ridgeland; Mississippi

Dear Gene:
l have examined the referenced document and have found it to be in order and in compliance
with the Tax Increment Financing Act. I gave Chris Gouras comments, all of which were nonsubstantive.
I obviously did not compare the referenced document to the master plan of the City for
consistency leaving that to Gouras & Associates.
I thank you again for allowing otlT fir.m to assist the City io. connection with tbjs project.
With kindest personal regards,
Sincerely,

\VL.H/cds
cc:
Jerry Mills, Esquire
11r. Ste\.vart Speed
Mr. Chris Gouras

1095

HOLLEY, GRUB6S, MITCHAM

& PHILLIPS

FINANCIAL CONSULTANTS -ADVISORS


STEPHEN H. HOLLEY, PHD

E.

1830 CRANE

DEMERY F. GRUBBS
F. "BUDDY" MITCHAM

RIDGE DRIVE

39216
PHONE (601) 982-0005
FAX (601) 982-2448

JACKSON, MisSISSIPPI

T. PHILLIPS
W. LYNN NORRIS

DEBORAH

August 13, 2003

The Honorable Gene F. McGee, Mayor


City of Ridgeland, Mississippi
Post Office Box 21 7
Ridgeland, Mississippi 39158-0217
RE: Tax Increment Financing Redevelopment Plan
City of Ridgeland, Mississippi
Dear Mayor McGee:
I have reviewed the Tax Increment Financing Redevelopment Plan for the City of Ridgeland,
Mississippi that was prepared by Jimmy G. Gouras, Urban Planning Consultants, Inc. The plan
is well done and meets the requirements for the City to utilize Tax Increment Financing to
stimulate economic growth.
I will stay in touch with Chris Gouras in connection with the Redevelopment Plan and future
fmancing plan.
If you have any questions or need assistance, please contact me at (601) 982-0005.
Sincerely,

~>;~
Demery Grubbs
Financial Advisor
DG/pj
cc: Jerry Mills, Esquire
Chris Gouras

1096

NOTICE OF PUBLIC HEARING


TAX INCREMENT FINANCING REDEVELOPMENT PLAN 2003
CITY OF RIDGELAND, MISSISSIPPI
Notice is hereby given that a public hearing will be held on Tuesday, September 16, 2003, at 6:30P.M. in
the Board Room at City Hall, 304 Highway 51, Ridgeland, Mississippi, on the Tax Increment Financing
Redevelopment Plan of2003, City of Ridgeland, Mississippi.
The general scope of the Tax Increment Financing Redevelopment Plan of 2003, City of Ridgeland,
Mississippi, is outlined as follows: The Redevelopment Plan is to be implemented by the City of
Ridgeland. The techniques to be used to meet the objectives of the Redevelopment Plan include: (a)
rehabilitation of structures; (b) acquisition of real property within the Redevelopment Area; (c)
demolition and removal of buildings; (d) construction of improvements on vacant or cleared lands; (e)
redevelopment; (f) consolidation of title; (g) elimination of environmental deficiencies and blighting
influences (including physical conditions, ownership patterns, and non-conforming land uses, which
prevent or restrict development within the Redevelopment Area in accordance with the Redevelopment
Plan; (h) construction of off-street parking facilities; and (i) encouragement of rehabilitation and
redevelopment by private enterprise, including the making of loans from the proceeds of revenue bonds or
notes to finance repair and rehabilitation of buildings or other improvements, acquisition of real property,
demolition and removal of buildings and improvements, and construction of improvements in the
Redevelopment Area in accordance with the Redevelopment Plan. The Redevelopment Plan includes
restrictions with respect to land uses, maximum densities, building requirements, off-street parking, and
loading or unloading space.
A copy of the Tax Increment Financing Redevelopment Plan, City of Ridgeland, Mississippi, 2003, is on
file in the office of the City Clerk of the City and available for inspection and review by the general
public.

Publish Three (3) Times in the Legal Section of the Madison County Journal on the following dates:
Thursday, August 28,2003
Thursday, September 4, 2003
Thursday, September 11, 2003
Send the Invoice and Proof of Publication to:

David W. Overby, City Clerk


City of Ridgeland
P. 0. Box217
Ridgeland, MS 39158-0217

Send copy of Proof of Publication to:

Chris G. Gouras
Gouras Consultants, Inc.
P. 0. Box 1547
Vicksburg, MS 39181

1097

THERE CAME on for consideration the matter of a Tax Increment Financing Redevelopment Plan of
2003, City of Ridgeland, Mississippi, and a resolution regarding such Plan. After full consideration of the
matter, Alderman
offered and moved the adoption of the following Resolution:

RESOLUTION OF THE MAYOR AND ALDERMEN OF THE CITY OF


RIDGELAND, MISSISSIPPI, DETERMINING THE NECESSITY FOR AND
INVOKING THE AUTHORITY GRANTED TO CITIES BY THE
LEGISLATURE WITH RESPECT TO TAX INCREMENT FINANCING AS SET
FORTH IN CHAPTER 45 OF TITLE 21, MISSISSIPPI CODE OF 1972, AS
AMENDED, DETERMINING THAT A PUBLIC HEARING BE CONDUCTED
IN
CONNECTION
WITH
A
TAX
INCREMENT
FINANCING
REDEVELOPMENT PLAN OF 2003, CITY OF RIDGELAND, MISSISSIPPI,
AND FOR RELATED PURPOSES.
WHEREAS,
the Mississippi "Tax Increment Financing Act", Title 21, Chapter 45, Mississippi
Code of 1972, as amended (the "Act"), authorizes municipalities and counties in the State to undertake
and carry out redevelopment projects as defined therein with the use of Tax Increment Financing as set
forth in detail in the Act;
WHEREAS,
the Mayor and Aldermen (the "Governing Body") of the City of Ridgeland (the
"City") have received the Tax Increment Financing Redevelopment Plan of2003, the purpose ofwhich is
to provide a financing mechanism to develop and redevelop various areas within the City;
WHEREAS,
this Governing Body has identified various parts of the City in need of
development, redevelopment, rehabilitation, and conservation in the public interest of the public health,
safety, morals, and welfare ofthe City; and
WHEREAS,
this Governing Body does hereby approve the concept of the use of ad valorem
tax increases and/or sales tax rebates to be used to service Tax Increment Financing Debt Obligations as
set forth in the Redevelopment Plan of 2003, City of Ridgeland, Mississippi, a copy of which is attached
hereto.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body ofthe City, as follows:
SECTION ONE:
That the receipt of the Tax Increment Financing Redevelopment
Plan of2003, City ofRidgeland, Mississippi, is acknowledged.
SECTION TWO:
That the Tax Increment Financing Redevelopment Plan of2003,
City of Ridgeland, Mississippi, shall be submitted to the Planning Commission of the City for its
consideration and recommendation on how the Plan affects the overall long-range planning objectives of
the City.
SECTION THREE:
That a public hearing shall be held with respect to the
Redevelopment Plan in the regular meeting place of this Governing Body in the Board Room of City
Hall, 304 Highway 51, Ridgeland, Mississippi, at 6:30 P.M. on the 161h day of September 2003.
SECTION FOUR:
That the Clerk is hereby directed to publish the following notice
in the Madison County Journal three times over three consecutive weeks, the last publication of which
shall not be more than seven (7) days prior to the date set forth in section three hereof.

1098

TAX INCREMENT FINANCING


REDEVELOPMENT PLAN

CITY OF RIDGELAND,
MISSISSIPPI

2003

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JIMMY G. GOURAS

L - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - 1


1099
1100 CHERRY ST.

P.O. BOX 1547

VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292

Email: jggouras@bellsouth.net

August 13, 2003

Mayor Gene F. McGee


City of Ridgeland
P. 0. Box217
Ridgeland, MS 39158-0217

RE:

Tax Increment Financing Redevelopment Plan

Dear Mayor McGee:


Enclosed is a Tax Increment Financing Redevelopment Plan, City of Ridgeland, Mississippi, 2003.
Tax Increment Financing is a valuable tool to be used by the City that will increase economic
development activity in Ridgeland and result in a strengthened tax base, increased retail sales, new job
opportunities, and a better quality of life for the citizens of Ridgeland. You and the Board of Aldermen
are to be commended for the use of this inducement in Ridgeland's economic development process.
The Tax Increment Financing Redevelopment Plan designates a "Redevelopment Area", which includes
all lands lying within the corporate boundaries of the City of Ridgeland.

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Following Planning Commission Review, conduct of a public hearing, and adoption of the
Redevelopment Plan, the City will have the authority and the flexibility to undertake tax increment
financing projects anywhere within Ridgeland's corporate limits.
Thank you for the opportunity to help you in the development of the Plan. We look forward to working
with the City in the further implementation ofthe Plan.

s~nc~):

.~-ttt

4 JJ/1/t/'-'

C ris G. Gouras, Jr.


Enclosure

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JIMMY G. GOURAS
. _ _ - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - - - - - '
1100
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE I
FACTS ABOUT THE CITY OF RIDGELAND
General Description
The City of Ridgeland is located in the southern most portion of Madison County, Mississippi (the
"County"), which is located in the central portion of the State of Mississippi (the "State"). The City is
located two miles north of Jackson, the capital of the State, 200 miles north ofNew Orleans, Louisiana,
and 198 miles south ofMemphis, Tennessee.
Population
The population of the Ci

has been recorded as follows:

1980

1990

2000*

5,461

11,714

20,173

Source: Mississippi Development Authority; May 2003.


*Census 2000 Redistricting Data provided by the Center for Population Studies, University of Mississippi

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Government
The City operates under the Mayor-Aldermen form of government. The Board of Aldermen of the City
consists of seven Board of Aldermen members, all of whom are elected from separate wards. The Mayor,
who is elected at large, and members of the Board of Aldermen are elected for concurrent four-year
terms. The current Mayor and members of the Board of Aldermen whose terms expire June 30, 2005 are:
Name
Gene F. McGee
Gerald Steen
Ken Heard
Chuck Gautier
Carole A. Davis
Larry H. Roberts
Scott Jones
Linda Davis Trunzler

Occupation
Mayor
Sales
Cytotechnologist
Consultant
Sales
Retired
Structural Draftsman
CPA

Position Held Since


July 1989
November 1996
July 2001
July 2001
July 1997
March 1997
July 1997
July 1989

Transportation
Interstate Highways 55, 20, and 220 and U.S. Highway 51 provide access to most areas of the City.
Other major forms of transportation are available in the City. The Illinois Central Railroad provides rail
service to the City. Commercial air transportation is available at the Jackson International Airport in
Jackson, Mississippi, eighteen miles distant with a runway length of 8,500 feet. Non-commercial air
transportation is available nearby within the County at Bruce Campbell Airport in the City of Madison.
The City is served by the Port of Vicksburg, which has a channel depth of nine feet and is located fiftyfive miles to the west on the Mississippi River in Warren County.

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JIMMY G. GOURAS
...__ _ _ _ _ _ _ _ _ _ _ _ _ URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - - - - '

1101

1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

Retail Sales
The table below provides an historical view of retail sales in Ridgeland.
R'd
..
11eeI an d , M'ISSISSippl
State Fiscal Year
Ended June 30

Amount

2002
2001
2000
1999
1998

$715,214,650
$701,375,121
$698,245,282
$687,756,566
$635,455,052

Source: Annual Report for each year shown, Mississippi State Tax Commission, May 2003

Per Capita Income


Year

County

Mississippi

United States

County as % of

2000
1999
1998
1997
1996

$27,908
$26,548
$25,096
$23,820
$20,918

$20,900
$20,686
$19,776
$18,873
$17,561

$29,469
$28,546
$27,203
$25,924
$24,436

94.70%
93.01%
92.25%
91.88%
85.60%

u.s.

Source: Populatwn-Personallncome Data: Umted States, Mississippi and Counties, 1995-2000, Labor Market InformatiOn
Department, Mississippi Employment Security Commission, May 2003

Assessed Valuation*
Assessment Year
2002**
2001
2000
1999
1998

Real Property
$189,571,295
$130,997,660
$119,003,110
$108,704,540
$101,123,980

Personal Property
$84.845,838
$79,209' 189
$74,718,572
$69,374,334
$65,044,408

Public Utility
Property
$7,028,113
$6,891,389
$6,493,199
$6,209,792
$6,068,554

Total
$281,495,246
$217,098,238
$200,214,871
$184,288,466
$172,236,942

Source: Office of the C1ty Clerk, May 2003


*The total assessed valuation is approved in September preceding the fiscal year of the City and represents the value of real
property, personal property, and public utility property for the year indicated on which taxes are assessed for the following fiscal
year's budget. For example, the taxes for the assessed valuation figures for 2002 are collected starting in January 2003 for the
2002-2003 fiscal year budget of the City.
**Increase in figures due to reappraisal

Assessed valuations are based upon the following assessment ratios:


a.
Real and personal property (excluding single-family owner-occupied residential real
property and motor vehicles, respectively), 15 percent of true value;

b.

Single-family owner-occupied residential real property, 10 percent oftrue value; and

c.

Motor vehicles and public utility property, 30 percent of true value.

a.---------------

JIMMY G. GOURAS

--------------...1

URBAN PLANNING CONSULTANTS, INC.


1102
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

The 1986 Session of the Mississippi Legislature adopted House Concurrent Resolution No. 41 (the
"Resolution"), pursuant to which there was proposed an amendment to the Mississippi Constitution of
1890 (the "Amendment"). The Amendment provided, inter alia, that the assessment ratio of any one class
of property shall not be more than three times the assessment on any other class of property.
The Amendment set forth five classes of property and the assessment ratios, which would be applicable
thereto upon the adoption of the Amendment. The assessment ratios set forth in the Amendment are
identical to those established by Section 27-35-4, Mississippi Code of 1972, as it existed prior to the
Amendment, except that the assessment ratio for single-f~mi1y, owner-occupied residential real property
.under the Amendment is set at 10 percent of true value as opposed to 15 percent of true value under
previously existing law.
Major Employers
The following is a listing of the City's major employers, their products or services, and their approximate
number of employees:
Employer
Wai-Mart
Dillard's Department Store
McRae's Department Store
Diversified Technology

Employees

325
30~

264
162
100
95
51
49
35

Gail Pittman, Inc.


Hederman Brothers
Cadence Design Systems
Robot Coupe, USA, Inc.
Madison Materials Co.

Product/Service
Retail store
Retail store
Retail store
Micro-computers & printed circuit board
assembly
Ceramic, dinnerware, pottery, and tile
Printing
Design integrated circuit systems
Food processors and choppers
Pre-stressed concrete products, bridge,
beams and pilings

Source: Chamber of Commerce, May 2003

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JIMMY G. GOURAS

L---------------

URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - - - - '

1103

1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

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ARTICLE II
. THE TAX INCREMENT FINANCING ACT

Tax Increment Financing is a legal, constitutionally accepted financing mechanism to accomplish


DEVELOPMENT and REDEVELOPMENT of municipalities and counties throughout the
State of Mississippi. The Tax Increment Financing Act was adopted by the Mississippi
Legislature in 1986 and can be found at Sections 21-45-1 et seq., in the Mississippi Code of 1972,
as amended. (Attached as Exhibit I)
Over thirty (30) states have adopted Tax Increment Financing Laws ("TIF"), the first of which
was adopted in 1969.

TIF is a tool that can be used to induce or encourage major economic development in Mississippi
cities and counties. A city and county can undertake joint TIF projects.

Cities everywhere have used the Economic Development Administration, Community


Development Block Grants, Special Assessments, and Industrial Revenue Bond programs to
encourage economic development. TIF is one more method that should be used.

The City will use TIF to expand and complement aggressive economic development policies .
The program is a local program that can be accessed and used through the City's own initiative.
Federal and state governmental approvals are not required.

Tax Increment Bonds, notes, or other debt obligations are issued by the city to construct
improvements that will induce development activity, and the city pledges all or part of the ad
valorem taxes generated on assessment of the real and/or personal property constituting the
project to retire the bonds. The city may elect to pledge increases in retail sales tax rebates
generated by the projects to service TIF bonds.

In most cases, Tax Increment Financing is used to construct public infrastructure improvements
(i.e., roads, utilities, drainage, parking, etc.) even though it can be used for other purposes.
Bonds are issued by the city to construct the improvements, and increased ad valorem taxes
generated on assessment of the real and/or personal property constituting the project can be used
to retire the bonds. The city may elect to pledge sales tax rebate increases generated by the
project to service TIF debt.

School taxes will not be used to retire the bonds. The schools can use those funds in their normal
operations.

There is no financial obligation on the part of the city if Tax Increment Financing Revenue Bonds
are issued other thi:m the pledge of the ad valorem tax revenues on real and personal property
and/or sales tax rebates if applicable. The law emphatically states that the TIF bonds are secured
solely by increased ad valorem tax revenues and are not general obligations secured by the full
faith, credit, and taxing power of the city.

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JIMMY G. GOURAS
' - - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC.

--------------...1
1104

1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE III
TilE TAX INCREMENT FINANCING PROCESS

Tax Increment Financing Redevelopment Plan


Preparation of a Tax Increment Financing Redevelopment Plan designating all or part of the
city "a redevelopment project area".

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Adoption of a Resolution by the Mayor and Aldermen (the "Governing Body") determining
the necessity for Tax Increment Financing and setting a public hearing in connection with
the Redevelopment Plan.
'

Finding by the Planning Commission that the Redevelopment Plan conforms to the city's
overall Comprehensive Plan.

Publication of a Notice of Public Hearing .

Conduct of a Public Hearing at which time the Redevelopment Plan and related matters
are presented to the public, and citizens are given an opportunity to comment.

Passage of a Resolution adopting the Tax Increment Financing Redevelopment Plan .

Tax Increment Financing Plan

Preparation of a Tax Increment Financing Plan for a specific economic development project.

Adopting a resolution acknowledging the availability of the Plan, identifying the specific
project, the proposed use of the funds from Tax Increment Financing, and other matters. The
Resolution sets a Public Hearing.

The city conducts a Public Hearing at which time the Tax Increment Financing Plan is presented
to the public and citizens are given an opportunity to comment.

The Governing Body of the city vote in favor of the passage of a resolution to adopt the Tax
Increment Financing Plan.

Bond Counsel (Attorney) proceeds with the bond issue process.

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JIMMY G. GOURAS

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URBAN PLANNING CONSULTANTS, INC.


1105
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE IV
TAX INCREMENT FINANCING REDEVELOPMENT PLAN OBJECTIVES
A.

This Redevelopment Plan has been developed in conformity with the goals and objectives of
the Ridgeland Comprehensive Plan, namely, the "Comprehensive Plan for Ridgeland,
Mississippi, July 2000 ", hereinafter referred to as the "Comprehensive Plan", which is the
Official Plan for the City.

B.

The Redevelopment Plan herein incorporates by reference the goals and objectives and intended
purposes of the Comprehensive Plan and the various elements of the Plan including, but not
limited to, the Land Use Plan, the Transportation Plan, the Public Facilities Plan, the Zoning
Ordinance, and Subdivision Regulations.

C.

The Tax Increment Financing Redevelopment Plan contemplates that the City will utilize Tax
Increment Financing as a tool to assist the City in implementing goals, objectives, and
recommendations of the Comprehensive Plan. The Tax Increment Financing Redevelopment
Plan is intended to support and complement the City's overall Comprehensive Plan.

D.

The Tax Increment Financing Redevelopment Plan and subsequent Tax Increment Financing
Plans will require that developments induced with Tax Increment Financing will be constructed
in accordance with the Comprehensive Plan. Developments assisted with Tax Increment
Financing must adhere to the objectives and requirements of the Official Zoning Ordinance, the
Subdivision Regulations, Building and Related Codes, and street and road design standards of the
City and requirements of the City governing water, sanitary sewer, natural gas, and drainage
improvements.

E.

A listing of the common goals and common objectives of the Comprehensive Plan and the Tax
Increment Financing Redevelopment Plan are attached in Exhibit II. According to the City's
Comprehensive Plan, "the goals and objectives of the Ridgeland Comprehensive Plan and the
continuous, comprehensive planning process are to provide guidance for rational response to
change. They reflect ideally, consideration of a combination of community issues and facts
blended with community values. Goals institute the conscious statements of a community
concerning what it wants to become and how it will direct its energy toward that achievement.
The Ridgeland Comprehensive Plan begins with a set ofgeneral goals".

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The goals and objectives of the Comprehensive Plan are adopted herein as the goals and
objectives of the Tax Increment Financing Redevelopment Plan.

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JIMMY G. GOURAS
- - - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - -1106
-_.
1100 CHERRY ST. - P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE V
DESCRIPTION OF REDEVELOPMENT AREA
A.

Redevelopment Area Boundary Description: The redevelopment area designated by this Plan
will consist of all real property located within the corporate limits of the City. The legal
boundary ofthe redevelopment area is described in Exhibit III attached hereto.

B.

Redevelopment Area Boundary Map:


A boundary map of the redevelopment area
encompassing all real property located within the corporate limits of the City is attached hereto in
Exhibit IV.
,

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JIMMY G. GOURAS

.___ _ _ _ _ _ _ _ _ _ _ _ _ URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - - - - '

1107

11 00 CHERRY ST. ' P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE VI
REDEVELOPMENT PROJECT DEFINED

A.

The Tax Increment Financing Act and this Redevelopment Plan provide for the use of Tax
Increment Financing for new development and redevelopment projects on lands involving
reconstruction, renovation, or new construction for residential, commercial, or other uses that the
Mayor and the Governing Body deem to be in the public interest.

B.

Section 21-45-3 ofthe Mississippi Code Annotated defines a "redevelopment project" and project
areas as follows:

Redevelopment Project
(b)

See Exhibit V, Mississippi Code Annotated at


21-45-3 (b),(i),(ii),(iii).
A "redevelopment project" may include any work or undertaking
by a municipality:
(i)
To acquire project areas or portions thereof, including
lands, structures, or improvements the acquisition of which
is necessary or incidental to the proper clearance,
development or redevelopment of such blighted areas or to
the prevention of the spread or recurrence of slum
conditions or conditions of blight;
(ii)

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To clear any such areas by demolition or removal of


existing buildings, structures, streets, utilities, or other
improvements thereon and to install, construct or
reconstruct streets, utilities, bulkheads, boat docks, and site
improvements essential to the preparation of sites for uses
in accordance with the redevelopment plan and public
improvements to encourage private redevelopment m
accordance with the redevelopment plan; or

(iii) To sell or lease property acquired by a municipality as part


of a redevelopment project for not less than its fair value
for uses in accordance with such redevelopment plan to
retain property or public improvements for public use in
accordance with the redevelopment plan.
"Redevelopment project" may also include the preparation of a
redevelopment plan, the planning, survey, and other work
incident to a redevelopment project and the preparation of all
plans and arrangements for carrying out a redevelopment project,
relocation of businesses and families required under applicable
law, and upon a determination, by resolution of the governing
body of the municipality in which such land is located, that the
acquisition and development of additional real property not
within a project area is essential to the proper clearance or
redevelopment of a blighted area or a nece~sary part of the
general slum clearance program of the municipality, the
acquisition, planning, preparation for development or disposal of
such land shall constitute a redevelopment project.

JIMMY G. GOURAS
' - - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - --'
1108
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

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c.

The Tax Increment Financing Act allows the use of Tax Increment financing in the project areas
that lie within a "Redevelopment Project Area". For the purposes of the Redevelopment Plan,
project areas are defined as follows (see attached Exhibit I, Mississippi Code Annotated 21-45-3
(a),(i),(ii), (iii), and (iv):
(a)

"Project area" includes:


(i)

Areas in which there is a significant amount of buildings or


improvements, which by reason of dilapidation, deterioration,
age, obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and
overcrowding or the existence of conditions that endanger life or
property by fire and other causes, or any combination of such
factors, are conducive to ill health, transmission of disease,
infant mortality, juvenile delinquency or crime and are
detrimental to the public health, safety, morals, or welfare;

(ii)

Areas in which are located a building or buildings that are of


important value for purposes of historical preservation, as
designated by the Department of Archives and History;

(iii)

Areas which by reason of a significant amount of defective or


inadequate street layout, faulty lot layout in relation to size,
adequacy, accessibility or usefulness, unsanitary or unsafe
conditions, deterioration of site improvements, diversity of
ownership, tax delinquency, defective or unusual conditions of
title, improper subdivision or obsolete platting or the existence of
conditions, which endanger life or property by fire or other
causes, or any combination of such factors, substantially impair
or arrest the sound growth of the community, retard the
provision of housing accommodations or constitute an economic
or social liability and are a menace to the public health, safety,
morals, or welfare in their present condition and use; or

(iv)

Areas in which the construction, renovation, repair, or


rehabilitation of property for residential, commercial or other
uses are in the public interest.

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JIMMY G. GOURAS

1109

' - - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - - - _ .


1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

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ARTICLE VII
REDEVELOPMENT TECHNIQUES TO IMPLEMENT POLICIES
A.

This Redevelopment Plan shall be implemented primarily by the City, exerc1smg the
Redevelopment Project powers conferred upon the City by the Tax Increment Financing Act.
The techniques to be used to meet the goals and objectives of the Redevelopment Plan include
rehabilitation and renovation, expansion of existing buildings, acquisition of real property,
demolition and removal of buildings, construction of improvements, new development and
redevelopment, consolidation of title, elimination of environmental deficiencies and blighting
influences, construction of off-street parking facilities, and encouragement of rehabilitation,
renovation, new development and redevelopment by private enterprise.
A brief summary description of each component or technique of the Plan follows:
1.

Rehabilitation and Renovation


This Redevelopment Plan provides for the utilization of the Tax Increment
Financing powers of the City to rehabilitate and renovate structures, which are:

a.

Substandard structures on which rehabilitation or renovation is practical


in the judgment of the owners thereof.

b.

Structures in which, in the judgment of the owner thereof, rehabilitation


will result in a higher and better use for the property on which such
structure is located.

A substandard structure is a structure that does not conform to the building and
related codes of the City as are in force and effect from time to time.

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2.

Acquisition of Real Property


Real property shall be acquired as provided in Article IX of the Redevelopment
Plan.

3.

Demolition and Removal of Structures


This Redevelopment Plan shall be implemented in some instances through the
demolition and removal of structures. The Plan provides for the demolition and
removal ofthe following structures, if necessary and appropriate:

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a.

Substandard structures as to which, in the judgment of the owner thereof,


rehabilitation is not practical;

b.

Structures, which in the judgment of the owner thereof, are economically


obsolete;

c.

Structures, which in the judgment of the owner thereof, prevent


maximum utilization of the property on which such structures are
located;

d.

Structures that have been acquired by the City and that the Mayor and
the Governing Body of the City determines to be economically obsolete;

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JIMMY G. GOURAS

- - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - -1110


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1100 CHERRY ST. . P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

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e.

4.

Structures that have been acquired by the City and that the Mayor and
the Governing Body determines prevent the maximum utilization of the
property on which such structures are located.

Construction of Improvements
This Redevelopment Plan provides for the construction of new improvements for
uses on vacant or cleared land within the redevelopment area (any lands lying
within the corporate limits of the City). Such construction shall be in accord with
the Comprehensive Plan, Official Zoning Ordinance, Subdivision Regulations,
building and related codes, and other applicable codes and ordinances of the City
as may be in force and effect.

5.

Development and Redevelopment


Under the provisions of this Redevelopment Plan, vacant or cleared land held by
the City may be disposed of to private parties for new development or
redevelopment. Such disposition of land by the City shall be in accordance with
the Redevelopment Plan and applicable law.
This Redevelopment Plan encourages the new development or redevelopment of
vacant or cleared land, which is acquired by private enterprises.

6.

Consolidation of Title
This Redevelopment Plan provides for the elimination of diverse patterns of
ownership, which prevent or restrict development of large tracts of land.

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In the event that the City determines that optimum utilization of a particular tract
of land cannot be attained because of diversity of ownership, and that action by
the City is likely to enhance the possibility of development of such tracts, the
City may take such actions as it determines to be necessary to consolidate title to
such tract of land.

7.

Elimination of Environmental Deficiencies and Blighting Influences


This Redevelopment Plan provides for the City to undertake to determine any
and all factors, which prevent or restrict new development or redevelopment
within the redevelopment area. The Mayor and the Governing Body of the City
shall take such action as it deems necessary to reduce or eliminate such factors or
the effects thereof.
Environmental deficiencies and blighting influences the City may deem
necessary to reduce or eliminate include, but are not necessarily limited to,
physical conditions, ownership patterns, non-conforming land uses, improper
development, etc.

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8.

Construction of Off-Street Parking Facilities


This Redevelopment Plan provides for the construction of off-street parking
facilities to serve the demand within the redevelopment area (all lands lying
within the corporate boundaries of the City).

11

JIMMY G. GOURAS
1111

.___ _ _ _ _ _ _ _ _ _ _ _ _ URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - - _ . .


1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

Off-street parking facilities shall be constructed in accord with the


Comprehensive Plan, the Official Zoning Ordinance, and other applicable codes
and ordinances of the City.

9.

Encouragement of Rehabilitation, Renovation, New Development and


Redevelopment by Private Enterprise
This Redevelopment Plan provides that the City shall, to the greatest extent
feasible, afford maximum opportunity to encourage the rehabilitation,
renovation, new development and redevelopment of the redevelopment area (all
lands lying within the corporate limits of the City) by private enterprise.
In order to utilize appropriate private and/or public resources to eliminate and
prevent the development or spread of slums and urban blight, to encourage
needed urban rehabilitation and renovation, to provide for the redevelopment of
slum and blighted areas, to provide for and encourage the new development or
redevelopment of vacant or cleared lands, the City shall encourage rehabilitation,
renovation, clearance, new development or redevelopment within the
redevelopment area by:

a.

Carrying out a program of voluntary repair,


renovation, and
rehabilitation of buildings or other improvements in accordance with this
Redevelopment Plan, including making loans to defray all or part of the
costs (including costs of acquiring real estate) of repairing and
rehabilitating buildings or other improvements in accordance with this
Redevelopment Plan.

b.

Making loans to defray all or part of the costs of acquiring real property,
demolishing and removing buildings and improvements and constructing
improvements (including buildings) in the redevelopment area in
accordance with this Redevelopment Plan.
Such loans shall be made only from the proceeds of revenue bonds or
notes of the City secured solely by the City's rights in connection with
such loans; shall be made upon such terms and conditions as the City
shall determine, and shall be subject to such additional requirements as
the City shall impose.

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12
JIMMY G. GOURAS

--------------.....1

" " ' - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC.


1112
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE VIII
LAND USES, MAXIMUM DENSITIES, LAND DEVELOPMENT,
AND BUILDING REQUIREMENTS

A.

Land Uses/Zoning Ordinance


This Redevelopment Plan is to be implemented in accordanc~ with the Comprehensive Plan and,
therefore, provides for adherence to the Land Use Plan of the City. Land use in the
redevelopment area is regulated by the Official Zoning Ordinance of the City. The Official
Zoning Map delineating zoning districts (land use) is on file in the Office ofthe City Clerk ofthe
City.
'

B.

Maximum Densities/Zoning Ordinance


The Official Zoning Ordinance of the City shall regulate the maximum development densities in
the redevelopment areas.

c.

Land Development/Subdivision Regulations


This Redevelopment Plan shall require that any development assisted with Tax Increment
Financing be developed in conformity with regulations and standards of the City governing the
subdivision of land, namely the Subdivision Regulations of the City.

D.

Building Requirements/Building and Related Codes


This Redevelopment Plan requires that any new construction and any rehabilitation shall meet the
requirements of the building and related codes of this City as may be in effect from time to time.

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13

JIMMY G. GOURAS

' - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - --'


1113
1100 CHERRY ST. , P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE IX
REAL PROPERTY ACQUISITION

A.

Procedures
This Redevelopment Plan requires that all property acquisitions by the City shall be made in
accordance with Title 21, Chapter 45, Mississippi Code of 1972. Discrimination of any kind shall
be prohibited. Race, color, creed, national origin, age, and sex shall in no way affect any aspect
of the land acquisition process.

B.

Property To Be Acquired
Under the provisions of this Redevelopment Plan, the City may, at its discretion, acquire real
property (as defined in the act) for needed public facilities within the redevelopment area
(including, but not limited to, surface or multi-story parking facilities),
Where necessary to eliminate unhealthy, unsanitary or unsafe conditions, lessen density,
eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or
prevent the spread of blight or deterioration, the City may, from time to time in its discretion,
acquire mortgages made to finance costs of (1) acquiring real property, (2) demolishing and
removing buildings and improvements, and (3) constructing improvements in the redevelopment
area in accordance with this Redevelopment Plan.

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14
JIMMY G. GOURAS
' - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - 1114
---'
1100 CHERRY ST. o P.O. BOX 1547 o VICKSBURG, MS 39181-1547 o 601-638-7121 o FAX 601-638-5292 o Email: jggouras@bellsouth.net

ARTICLE X
TRAFFIC CONTROL AND MAJOR CIRCULATION ROUTES

This Redevelopment Plan is to be implemented in conformity with the Comprehensive Plan. The City
shall, from time to time, establish major traffic circulation routes for the redevelopment area (the City as a
whole) and will maintain traffic controls. The Transportation Plan, Subdivision Regulations, street design
and construction standards of the City govern street widths, ingress and egress patterns, turn lanes, turn
restrictions, and vehicle limitation established by weight.
These regulations, along with realignment, widening, and overlaying of existing streets will achieve
improved traffic circulation and flow for City and pass-through traffic. Traffic control and circulation in
the redevelopment area will utilize electronic signalization and will provide optimum access to existing
and proposed off-street parking. This Redevelopment Plan will be implemented so as to efficiently
integrate traffic circulation and flow into the zoning scheme of the City and the general circulation
patterns ofthe community.

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15
JIMMY G. GOURAS
. . . . _ - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - --'
1115
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

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ARTICLE XI
OFF-STREET PARKING, LOADING AND UNLOADING SPACE

This Redevelopment Plan conforms to the City's Official Zoning Ordinance and other codes and
ordinances wherein off-street parking, loading and unloading space requirements shall be regulated and
controlled.

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16
JIMMY G. GOURAS
....__ _ _ _ _ _ _ _ _ _ _ _ _ URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - - - - '

1116

1100 CHERRY ST. 'P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE XII
RELATIONSHIP TO POLICIES REGARDING APPROPRIATE LAND USES,
IMPROVED TRAFFIC, PUBLIC TRANSPORTATION, PUBLIC UTILITIES,
RECREATIONAL AND COMMUNITY FACILITIES,
AND OTHER PUBLIC IMPROVEMENTS
The Tax Increment Financing Redevelopment Plan will serve to support and complement the City's
Comprehensive Plan. The objective of this Tax Increment Financing Redevelopment Plan is to adhere to
the purposes and the goals and objectives of the Comprehensive Plan.
'

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The Redevelopment Plan seeks to utilize Tax Increment Financing to encourage capital investment that
will encourage the redevelopment of blighted areas, strengthen the entire community by carefully
planning the location of shopping centers and the design of business establishments, increase the tax base,
increase retail sales tax rebates, and increase job opportunities in the City. The Redevelopment Plan
seeks to encourage revitalization of the redevelopment area by inducing new development and
redevelopment. Public facilities and services will be improved and properly maintained as a result of
implementation of this Redevelopment Plan. The Redevelopment Plan seeks to encourage development
and redevelopment projects and to insure their conformity to the City's Comprehensive Plan and the
elements comprising the Comprehensive Plan.

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17

JIMMY G. GOURAS
. . . _ - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - - _
_..
1117
1100 CHERRY ST. 'P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE XIII
PROVISIONS OF REGULATIONS DECLARED TO BE MINIMUM REQUIREMENTS

For the purposes of this Redevelopment Plan, regulations referred to shall be interpreted and applied as
minimum requirements. Whenever the requirements of these regulations are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants,
the most restrictive or that imposing the higher standards shall govern.

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18

JIMMY G. GOURAS

11...------------- URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - -1118


__.
1100 CHERRY ST. ; P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE XIV
TAX INCREMENT FINANCING PLAN REQUIREMENTS ESTABLISHED

A.

The Tax Increment Financing Plan is a financial tool for the implementation of the
Redevelopment Plan objectives and purposes. The Tax Increment Financing Plan for a
redevelopment project requires the following:
I.

Redevelopment Project Description


a.
b.

2.

Developer(s) Information
a.
b.

c.
d.

3.

Name(s)
Address: Local and out-of-state
Tax identification number
Local contractors or agents

Economic Development Impact Description


a.
b.

4.

Location, legal description, environmental characteristics and zoning


Building type and proposed use(s)

Job creation - permanent and temporary


Financial benefit to the community

A Statement of the Objectives for the Tax Increment Financing Plan


a.
Construction of Improvements:
New improvements shall be constructed for uses in accordance with the
Redevelopment Plan on vacant or cleared property within the redevelopment
area. Such construction shall be in accordance with the requirements of the
City's building and related codes as in force and effect from time to time.
b.

Redevelopment:
Property held by the City may be disposed of to private parties for development
or redevelopment in accordance with the provisions of this Redevelopment Plan
and applicable law.

c.

Consolidation of Title:
In order to eliminate diverse patterns of ownership that prevent or restrict
development of large tracts of land, in the event that the City determines that
optimum utilization of a particular tract of land cannot be attained because of
diversity of ownership and that action by the City is likely to enhance the
possibility of development of such tract, the City shall take such actions as it
determines to be desirable to consolidate title to such tract of land.

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5.

A statement indicating the need and proposed use of the Tax Increment Financing Plan in
relationship to the Redevelopment Plan.

6.

A statement containing the cost estimates of the redevelopment project and the projected
sources of revenue to be used to meet the costs including estimates oftax increments and
the total amount of indebtedness to be incurred.

19

JIMMY G. GOURAS
" - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC.

---------------1
1119

1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

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7.

A list of all_ real property to be included in the Tax Increment Financing Plan.

8.

The duration of the Tax Increment Financing Plan's existence.

9.

A statement of estimated impact of the Tax Increment Financing Plan upon the revenues
of all taxingjurisdictions in which a redevelopment project is located.

10.

The Governing Body shall by resolution, from time to time, determine (i) the division of
ad valorem tax receipts, if any, that may ~e used to pay for the cost of all or any part of a
redevelopment project, (ii) the duration oftime in which such taxes may be used for such
purposes, (iii) if the City shall issue bonds for such redevelopment project, and (iv) such
other restrictions, rules and regulations as in the sole discretion of the Governing Body of
the City shall be necessary in order to promote and protect the public interest.

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20

JIMMY G. GOURAS
' - - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - - -1120
-_.
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

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ARTICLE XV
WAIVER OF REQUIREMENTS

Any requirement or condition contained in this Redevelopment Plan may, upon request and for good
cause shown, be waived or modified by the City to the extent permissible under law.

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21

JIMMY G. GOURAS

1....------------- URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - -1121


---'
1100 CHERRY ST. , P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

ARTICLE XVI
. PROVISIONS FOR AMENDING THE PLAN

This Redevelopment Plan may be modified by the City in accordance with the provisions of Title 21,
Chapter 45, Mississippi Code of 1972, as amended.

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22
JIMMY G. GOURAS
' - - - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - - - -1122
-_.
1100 CHERRY ST. ; P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

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1123

EXHIBIT I
TAX INCREMENT FINANCING ACT

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JIMMY G. GOURAS
' - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC. - - - - - - - - - -1124
--'
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

CHAPTER45
TAX INCREMENT FINANCING
Section
21-45-1.
21-45-3.
ZJ-45-S.
21-45-7.
11-45-9.
21-45-11.
21-45-13.
21-45-JS.

ll-45-17.
21-45-19.
21-45-21.

Short title.
Definitions.
Constmction;

accep~ing

aid; developers.

Division of taxes.
Tax incJ:"eme.nt bonds; developE:r .agreements.

Contents of plan: notice: hearing.


Security.
Sale proceeds.
Tax exempdcm.
Elements of cost.
Assessed value; collections; approval; effeclivencss.

21-45-1. Short title


This chapter. may be cited as the "Tax Increment Financing Act."
La'-\'S 1 986, Ch. 449. I. eff. July 1. 1986.

Library References
64 Am Jur 2d, Public Sccuritit.>.S .and Obli~a.tions 50-93.
C.J.S. Municipal CorpQralions 1290 m
1.29 J.

Key Nurnbcr.4
Munkip:.d Corporatiofl-5 ~405.
WESTLAW Topic No. 268,

ForRI$

Encycl<>pedias
56 Am Jur 2d. Muni.dpal Corporariolll<, Coun
tics. and Other P<:>litical Subdivisions
532-578.
N~te:s: Q{

In general 1
Use of b<>nd procec:d.~ :l
In general
Devc:lopt:rs could g:o foru.ard with acquisition
and constnrction of rhc tax incremental fimmcing pr(!jcct at dtt! developers' own cost prior to
the delivery <:if bonds. ;~nd t<:> the extent allowed
by law tho~ dry eQUid <~!low the: developers to b~
reimbursed for the developers' expenditures st.>
incurred when the bonds .are ddivered and th<::
poceet.l.~ o( the bonds arc received by the dry.
Op.Atty.C~n. Elli:;,pct. 23, 1990,
I.

2. Usc of bond .Proceed:!=


lls~ of .a portion of chc proceed~ of tax incremE;ntal flnandng bonds for the p.llrpt:>Se.): of on!i'ite gradill!;' co direr;t slornl water tow<~rd rhe

9B Am Jur

te~al
Urb:<~n

Form5 2d (Rc:v). Housing


Redevelopment IJS; Ill
(Disposition of propeny ro rcdevcloper-ap
ponionmeut of current raxc~J.

Laws and

Decisions
rear <:>f lhE: J-edevelopmcnt prr.Je~l sh al'ld -'~"'''Y
from public boulevard wo,rld he a permissible
U$f) of bond rroc.eeds Unde:r SO::CfiOO 21--45-J f)[
seq. Op.Atr.y,Gen, Harris. Or.t. 24. 1990.
City may IJSt: the proceeds of tal< increment
honds ro reimburse a developer who made im
provcment.~ such <~:s drainage contn>l or .~rrr;er
construclion. if ~~id improvements are dedic3ted to the city after their completion -\'O lonH :as
the city meers all of tho:: r't:qldl't!mentJ< of section
21--45-1 for redt;vek>pmant plans. including sc:curi"g an agreement with a dcv<:>.lopcr befom
any dcbr I; ~ incurrL'd pursuanr lO section
21-45-11, complying with notic<:: and publir:ation requirements of ~ectioo 21.-45-1], and
complying wir.h rcquircmenrs of approv;tl of rcdcv~;~lopment plans in se.:.::rion .:! 1-45-:! I. Op.
1\tty,Gcn, JrJrdan. 1\UJ:tUSt lb. 1990.

802

1125

U0/~1/

uu~

~~.~0

OU.t ;1'-+CUt. J:;:tt,:l

TAX INCREMENT FINANCING

t-'A1.:1t:..

21-45-3

21-45-3. Definitions
For the purposes of this chapter. the following tnns shall have the meanings
given hem in this section unless a different meaning is dearly indicated by the
context;

~- Sc.::ndties and Obli-

~ot;nion~ J.:!90

to

m$ 2d (Rev). Hou;;inJ:

}"'el<prncn< ~ 1311:111

J1,Y t<:> r.,1dcveloper-ap

.l!.Tl'IJ<~).

~1r~ir.:ct
:;ire .and away
ouiJ lx: a permissible

,:lerJkt.section
24.

:Z l-45- I
JSI~JO.

ct

, ds of ta:~: increm~:nt..
'elopel' '-<ho made ian
n;.1ge conrrol or street
.o:mmr.s are dedicat
mplctioll SIJ long ll!l
uiremenr.s of section
1t phms, i~cluding s._...
.3 developer bcf~n;:
ur.~11am
to sccuon
. notice ;.lnd publica
cti<.m 21-45-11. and
:nts of approval rc
ion 21-45-21. Op.
1990.
""""

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or

(a) "Project area" includes:


(i) Areas in which there is a significant amount of buildings or improvements which. by reason of dilapidation, deterioration, age, obsolescence,
inadequate p['ovision for ventilation, light. air. sanitation or open spaces.
high density of population and overcrowding or rhe existence of conditions
which endanger life or property by fi.re and other cause:<>, OF any combination of such factors. are conducive to ill health. transmission of disease.
infant mortali.ty, juvenile delinquency or crime and are detrimenral to the
public health. safet_y, moral'l or welfare;
(ii) Areas in which are located a building or buildings that are of
important value for purposes of historical preservation. as designated by
the Departmnt of Archives and History;
(iii) Areas which by re:ason of a significant amount of defective m
inadequate street layout, faulty lot layout in relation to size. a.dequacy.
accessibility or usefulness. unsanitary or unsafe conditions, dete:riotation of
site improvements. diversit)' of ownership, tax delinquency. defective or
unusual conditions of title, in1proper subdivision or obsolete platting or the
existence of: conditions which endanger life or property by fire or other
cau,<;e.s. or .any combination of such factors. substantially impair or arrr;~st
the sound growth of the community. retard the pn.wision of housing
accomrnodations or constitute an economic oa: social liability and aa:-e a
menace to t.he public health. safety. mor.als or weUare in their present
condition and use; or
(iv) Areas in which thro~ construction. renovation, repair or rehabilitati.on
o( prope.t-ty for rc::sidential. cornmerdal. or <.~ther u;cs is in the public
interest.
(b) A ''redevclopn1ent project" may include any work or undertaking by a
n.nmkJpality:
(i) To :acquit-e project a.reas or portions thereof. incl1.1ding lands. structures or improvements the acquisition o( which is nece.ssaty or incidental
{O the proper clearance, development or redevdopm~:n( of such areas or (O
the prvcntion. of the spread or rccunencc of slum conditions or conditions
of blight;
(H) To clear any pr~je<.~t areas by demolition or removal of exisling
buildings. Stt1.tctures. stn~ets, utilities or other improvements thereon and to
install. com,trucr or reconstruct streets. utilities. bulkheads. boat docks and
site. improvements essenti.al to the preparation of sites for uses in accor
dance v..;th the redevelopment plan and public improvements to encourage
private redevelopment in accordance with thE redevelopment plan; or
<iii) To sdl or lea:::e propel-ty acquired b)' a municipality as part of a
redevelopment project for n<.) less than irs fair value for uses in accordance
803

1126

tl.:i/ l l

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21-45-3

TAX INCJ

MUNICIPALITIES

with such redevelopment plan to retain property or publi.c improvements


fo:r public 11se in accordance with the redevelopment plan.
"Redevelopment project" may also include the preparation of a redevelopment plan, the planning. survey and other work incident to a redevelopment
project and the preparation of all plans and arrangements for carrying out a
redevelopment project, relocation of businesses and families :required under
applkable law. and upon a determination. by resolution of the governing
body of the municipality in which such land is located. that th acquisiLton
and development of additional r~al propeny not within a project at"e.<~.
essential to the proper clearance or rede,-elopment of a project area or a
necessary part of the general slum clearance program of the municipality, the
acquisition. planning. preparation for development or disposal of such land
shall constitute a redevelopment project.
(c) "Redevelopment plan" means a plan fot the acquisition, clearance.
reconstruction, rehabilitation or future use pf a redevelopment: project area
which shall be sufficiently complete:
(i) To indicate its relationship to definite Jocalobjectives as to appropriate land uses and improved traffic. public transportation, public utilities.
recrcati.onal. residential, commercial and community facilities and other
pu.blic hnpro\em.ent.~; and.
(ii) To indicate proposed land uses . waterfront uses, if any. and hllilding
requirements in the. area.
A redevelopment plan m.a:v include interlocal cooperation agreements het"veen a municipality and a county whereby both agree to pledge revenues
payable to them to fund the debt of .scn.icc of any indebtedness incurred
pursuant to thi.s chaptet.
(d) "'Governing body" T.tlans the governing body of any municipality ot the
board of supervisors of any county.
(e) "Developet-'' means any person. fim1. cm-poration, partnership or other
entity which enters into an agreement with a municipality whereby the
developer r.~grecs to construct. operate and maintain or procure the construction. operati.on and maintenance of buildings or other. facilities or improvements upon land or watedront being a part of a redevelopment project.
(f) "Municipality" means any city or town incorporated under the Jaws of
the State of Missis:::ippi or any county.
(g) "Clerk'' means the municipal clerk or. chancery clerk. as the case may
be.

In general

1. In genera
Use of a p<

roental flnan(

21-45-

is

Laws 1.986. Ch. 449. 2;


(approved March .30, 1993).
"

Laws 1993. Ch. 494, 1.

eff.

NumbE:rt~

This cha]
relating to
clearance
ance or n

boundaries
whole or in
inconsisten
Any mun
.state. or fed
in part, of:::

Any mun
developer ,
facilities or
r.edevelopm
Laws 1986.
(approved M

rmvisions rei~
Provisions rc:la
Provi;;ion.~ rd:1
Provbion.~ rd01
t'rc:>~~sions rela

i
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Key NumbE:r!<
Municipal Cc
WESTLAW1
Encyclopedias
56 Am Jur 2
ties. <~nd
532-57

from and a{tcr pa~s1tg<.:

21-45-'J
Library References

Key

Enc:yclopedl~s

56 1\rn Jur 2d, Municipal Corporations: ~~un


tics, and Othf:r Polilical Subdrvr.w:ms
53~-578.
C.J.S. Municipal Corponulons 1290 to
1291.

Municip<~l Corporations ::MOS.


WE.STLA.\V Topic No. 268.

Any rede,
county ad v
ment proJec
be divided a
Law:; 1986. C

804

1127

ou~

"11CIPALITIES

.:Jt..tCIUt_t.:_tr_t

21-45-7

TAX INCREMENT FINANCING


Not-es of Deds:ions

V''l improveme:.n.ts
In g~neral

:site grading to direct slorm water toward the

of a redevelop-

edev:lopment
canymg out a
required under

In general
Uso of a portion of the pnx:eeds of tax incremental financing bon<ls for the purposes of on

: the governinP-"

21-45-5. Constru.ction: accepting aid; developers

l
l

he. acquisiti01;

. roJect area is
:>ject a~.a or a

~nicipaJity. the

~ of such land

1
,

rear of the redevelopment project site and away


from public boulevard would be: a permissible
use of bond pnx:eeds under section 21-45-1 et

n. clearance,
project area

as to approp.-i- ~bli c utilities.


ks and other

,'J and building:


lgteemcnts be. edge n::venues
incurred

}1ess

1.

seq. Op.Atty.Gen. Harris. Oct. 24, 1990.

This chapter shaH be construed as cumulative authority to other existing laws


relating to the powers of municipalities to undertake and carry out slum
clearance and redevelopment work. Any municipality engaged in slum clearance or redevelopment work through a redevelopment project within rhe
boundaries of the municipality may provide for financing to defra,.v the cost. i.n
whole:: or in pa1i. of the same as hereinafter provided. Insofar as this chapter is
inconsistent with any other law. this chapter shall be controlling.

Any muni<::ipality may accept grant..~ or other financial assistance from the
state or federal government. or any other entity, to defray the cost. in whole or
in part. of any activity consistent with the purposes of this chapter.
Any municipality may enter into agreements with any developer whereby the
developer ~..-ill agree to construct. operate and maintain buildings or other.
facilities or improvements included within such project<; as are provided in <1.
redevelopment plan.

t.av.ts 1986. Ch. 449. 3; Laws J99 3. Ch. 4 94. 2, eff. from and after passage
(approved March 30. 1993).
Cross References.

icipality or the

, bhip other
whereby the
.1hcor ~onstruc
Improveo1

, ent project.
~r the laws o[

~Jhe case may

Pr-ovision!' reb ted to areas designar.ed for development and redevelopment, see 43-35-301.

Pro~il:ions r.el<ltcd to CQmmunity development. see 43-3 5-50 I.

Provisions related r.o renewal of off-street parking <1nd businc:s!', !<eE: 43-35-201.
Provi.5ions r-..lato!:d r.o slmn clearance. see 43-35-!.0I.
Provisions rdat..;:d to urban ren.;;wal. Set 43-35-1 .

Library Referen<".es
Key N11mhers

C.J.S ..Mnnk.ipal Corporations 1299.

1\.hmicipal Corporations ~41.0.


WF.:STLAW T.,pk. No. 268.
T::n.::ydopedl<~s

56 Am Jur ld. M11nicipal Corporations. CounTies. and Other Poli(ic~.l Subdivisieons


53Z-578.

21-45-7. Division ofta:~es


Jration:>. Coun
il S1.1bdivision,;
!290 To

Any redevelopmlfut project may contain a provlston that municipal and


county ad valorem taxes, if any. levied upon taxaole property in a zedeveloprnem project or municipal sales taxes collected \Vithin the area. or both. shaH
be divided acc.otding to a tax increment financing plan.
laws 1986. Ch. 449, 4: Laws 1993. Ch. 527. 1.. eff. July I, .1993.

805

J
1128

J:1U.l. ;14Cit..:.tt.,:l::)lJ

21-45-7

MUNICIPA.LITIES
Cross References

Ad valorem t:;tx assc:s1>ment. in general. see 27-35-J.

Library .References
C.J.S. Munidp<ti Corporations 1359.

Key Numbers
Municip<tl Corporations 0.>-450.
WF.STLA W Topic No. 268.

Encydop.E:dias
56 Am Jur 2d. Municipal Corporations. Counti~.
and Other Political Subdivisions
532-578.

Notes of Decisions
Constnction 11100 applkadon

Con~tn.tction and application


This sec::tion gh.-es a county and munir.:ipality
the authority o act jointly or independently of

1.

the other: if a county and munidpaliry choose


to act jr.>inlly the tax inc rem em revenue of both
would apply. Op.Atty.Gen. No. 94-0542 Bolland, Jan, l5, 1995.

21-45-9. Tax increment bonds: developer agreements


Any governing body may issue ta.x increment bonds. the final maturity of
which shall not extend beyond thirty (30) years. for the purpose of financing all
<:>t a p<:nt.ion of the cost of a redevelopment projec( within the boundaries of the
municipality. funding any J:"esenre which the governing body mr.~y deem advi.sa~
ble in connection with the retirement of the proposed indebtedness and funding
any other incidental expenses involved in inc-urring such indebtedness. The
debt service of indebtedness incuaTed pursuant to (his section shall be provided
frool rhe added incremems of municipal and coun.ty ad valorem tax revenues or
any portion of the sales taxes. or both. to result from any such :redevelopment
project and shall never constitute an indebtedness of the municipality within
the meaning of any state constitlltional provision o statutory l.i..mitation. and
shall never c.on,~titute nor give rise t<) a pecuniary liability of the municipali.ty or
a charge against its general credit or taxi.ng powers.
Said bonds may be authorized by resolution. or resolutions of the goveming
body, and may be issued in one or more series. may bear such date or dates.
mature at such time or time.s. bear interest at such rate or rates. payable at
su<.:h times. be in such denominations. be in such form. be registered, be
executed in. such manner, be payable in such medium of payment. at such place
or places. be subject to such terms of redempti.on. with c1r without premium.
c.an-y such conversion or re.gi.stration privileges and be declared or become due
before the maturity date thereof. as such resolution or resolutions may provide;
howe.vec such bonds shall not b:ar a greater interc.st rate Lo :maturity than that
allowed. under S_t;!ct.ion 75-17-10 I. Said bonds shall be sold for not less than
par value plus accrued interest at public sale in the m.anne1 provided by
Sec(io.n 3 .l.-19-25 or at private .sale. in the discretion of the governing body.
rhe lowest interest rate specified for any bonds issued shall not be less than
seventy percent (70%) of the highest interest rate specified for the same bond
issue. Said bonds may be repurchased by the municipality out o.f any available
funds at a price not to '.Xceed the principal amount thereof and accrued
806

1129

~1

!
MUNICIPALITIES

.nd municipality choosc

r'r.emen( rr::venu~ of both


No. 94~054::! Hoi-

ren.

final maturity of
t.'e of financing all

boundaries of the
may deem advisaldness and funding
fidebredne.ss. The
. \ shall be provided
~m tax ,-evenues or
-:h redevelopment
micipality within
, ry limitation and
~e municipa]ity or

. j of the governing
tch date or dates,

Irates.

payable
re
.t'cgistered, be
-ent, at such place

at

vithout premium,
ld or b~~come ?ue
J:ms may prov1de;
1aturity than that
or n;t less than
E~r provided by
governing body.
not be less than
the same bon~
of any available
of and accrued

J
J

21-45-9

interest. and all bonds so repurchased shall be cancelled. In connection with


the issuance of said bonds, the municipality shall have the power to enter into
contracts for rating of the bonds by national rating agE:ndes: obtatning bond
insurance or guarantees for such bonds and complying with the tetms and
conditions of such insurance or guarantees: make provision for payment in
adv-ance of maturity at the option of the o1.vner or holder of the bonds;
covenant for the security and better marketability of the bonds. including
without li.mitation the establishment of a debt service reserve. fund and sjnking
funds to secur.e or pay such bonds; and make any other provisions deemed
desirabJe by the mu.nicipality in connection with the issuance of said bonds.

l>orations 1359,

TAX INCREMENT FINANCING

In connection with the issuance of said bonds, the municipality may arrange
for lines of credit with any bank, firm or person for the purpose of providi.ng an
additional source of repayment for such bonds and amounts drav..-n on such
lines of CJ:'edit may be evidenced by bonds. notes or other evidences of
indebtedness containing such terms and conditions as the municipality may
determine; provided, however. that such bonds, notes or evidences of indebtedness shall be secured by and payable from the same sources as are pledged to
th.e payment of said bonds whi.ch are additionally secured by such l.inc of credi.t,
and that said bonds. notes or other evidences of indebtedness :shall be deemed
to be bonds for all purposes of this chapter. Pending th preparation or
execution of definitive bonds. interim receipts or certificates. or temporary
bonds may be deliver.ed to the purchaser or. purchasers of said bonds. Any
provision of lav. to the contrary notwithstanding. any bonds. if any, issued
pursu.ant to this chapter shaH possess aU (...,f the qualities of negotiable instruments.
The. municipality may also issue refunding bonds for the purpose of paying
any of its bonds at or prior to maturity or upon acceleration ot redemption.
Refunding bonds may be issued at such time pdor to the maturity or r.edemption of the refunded bonds as the municipality may determine. The refunding
bonds may be issued in suffkient amounts to pay or provide the principal of the
bonds being refunded. together with any redemption premium thereon, any
interest accmed or to accrue to the date of payment of such bonds. the
expenses of issuing the refunding bonds. the expenses of redeeming the bonds
being r-efunded. and such r-eserves for debt service or other capital. or current
expenses from the proceeds of such refunding bonds as may be required by any
of the m.unicipali.ty's resolutions, trust indenture or other. security in.stnunents.
The issuance of refunding bonds. the maturities and other details thereof. the
secudty therefor. the right.o;; of the holders and the rights. duties and obligations
of the municipality in respect of the same shall be governed by tbe provisions of
this chapter relating to the issuance of bonds other than refunding bonds.
insofar as the same may be- applicable.
Before incurring any debt pertaining to a redevelopment project incorporating a tax increment financing plan the governing body may. but shall. not be
required to. secure an ag1~eement from one or more developers obligating such
developer or developers:
807

1130

~l

21-45-9

MUNICI:PALITIES

TAX IN
{g) j
val ore:

(a) To effect the completion of aU or any portion of the buildings or other


facilities ot improvements. as described in the redevelopment project. at no
cost to the municipality;
(b) To pay all or any portion of the real property taxes due on the project
in a timely manner; and
(c) To maintain and operate all or any portion of the bui.ldings or other
facilities or improvements of 1he project in such a manner as to preserve
property values.

Before
hold a p
the mun:
than ten

No breach of any such agreement shall impose any pecuniary liabilhy upon a
municipality or any charge upon its general credit or against its taxing powers.

l(ey Numb

Additionally. the municipality may enter into an .agreement \1.-ith the developer under which the developer may constntct all or any part of the redevelopment project w.ith private funds in advance of issuance of the bonds and rnav be
cimburs~d by the municipality for actual costs incurred by the developer ~pon
issuance: and delivery of the bonds and receipt of the proceeds. conditioned
upon dedication of redevelopment project by the. developer to the munici.pality
to assute public use a.nd access.
Laws 1.986, Ch. 449, 5: Laws 1993. Ch. 494, 3; Laws 1993. Ch. 527. l.., c:ff. July I.
1993.

Library References

Jo;:ey Numbers
Ji.runicipal Corpot"<'tion.s ~950.
WF.:STI-1\ w Topic N<). 20/J,

64 Am Jur 2d, Public S.:curi(ics and Obligations 182 et seq.


CJ,.'S. Municipal Cm:porar.ions 1~157.

Encyclopedis-t~

56 Am Jur 2d, Munidp<~l Cnrporat.ion.~. CoJn~ies, !'lnd Orner l'<:>litical Suldivi.sions


532-578.

21-45-11. Contents ofp]an; notice: hearing


Any tax increment financing plan. at a minimum. shall contain:

(a) A ~tatcrnent of the o~ieclives of a municipality with regard to the plan;


(b) A slatement indicating the need and proposed use of the tax increment
financing plan in relati(mship to the redevelopment plan;
(c) A statement contain\ng the cost estimates of the redevelopment projccl
and the pr.ojccted soun:es of revenue (ad val1)rem ta'Ces, sales taxes . .and the
pr-oceeds of any other financial assistance) to be used to meet the costs
including estimates of lax increments and the total amount of indebtedness to

be incurred;
fd) A Hst of all real property to be included in the rax inc:re.-nent fina.ncing
plan:
"'
(e) The duration of the ta:x: in<.:remli.:nt financing plan's existence;
(.f) A statenJent of the estimated impact of the tax incr<:~ment financing plan
upon the revenues of all taxing judsdictions in which a redevclopmenr
pr<)ject is located: and
808

Laws 198

i\11.micip;
WESTLJI

Encydopec
56 Am Jt
ties. ;
532

21-4~
The pr
be secun
the. tax it
the muni
any .secw
The proc
agreeme1
in.stn1me
foregoj.n~

buildings
m.aintena

de.fa ult t
deem ad
pt:ovi.sion
tespeci n
(a)

pr.ocee
(b) A
d~o~vdoJ

(c) t\
respect
any nw
its gem

The pn
bonds m;:
inl~~rest (I

such prot
be enforc
powers .:tt

1131

21-45-13

TAX INCREMENT FINANCING

JNICIPALITJES
'"'lildings or other
nt project. at no

(g) A statement requiring that a separate fund be established to receive ad


valorem taxes and the proceeds of any other financial assistance.

~1 on the project

Before approving any tax increment financing plan. the governing body shall
hold a public hearing thereon after published notice in a net.vspaper in which
the municipality is authoctzed to publish legal notices at le~t once and not less
than ten (10) days and not more than twenty (20) days prior to the hearing.
Laws 1986. Ch. 449. 6; laws 1993, Ch. 527. 3 . eff. July 1.. 1993.

~-~.ldings or other
j as to preserve

Library Reference$

liability upon a
taxing powers.

KeyNumbe~

C.J.S. Municipal Corporati.ons 1359.

Municipal C"orporati<>ns r"450.


WESTLAWtopic No.168.

th the develop-

~= the redevelop

Encyclopedias

' \ds and may be

56 Am .fur 2d, Mt.tnldpal Corporations, Coun

ties. and Othe:r


532-578.

bevelopcr upon
ds. conditioned
rnunidpality

rr

PoUticaJ

Subdivision~

21-45-13. Security
The principal. interest a:nd premium, if any. on any tax increment bond shall
be secured by a pledge of the revenues payable to th& municipality pursuant to
the tax increment financing plan and mav also be :secured, in the discretion of
the municipality, by a lien on all or any
of the redevelopment project and
any security by any developer. pursuant to and secured by a security agreement.
The proceedings under which any indebtedness is authorized or any security
agreement may contain any agreement or provisions customarily contained in
in.stniments securing such obligations. without limiting the generality of the
foregoing provisions respecting the construction, maintenance and operation of
buildings 01~ other facilities or improvements of the project, the creation and
maintenance of special funds, the rights and remedies available in the event of
default to the debt holders or to the trustee. all a.s the: governing bod_y shall
deem advisable: provjded. however, that in making any .such agreements or
provisi.ons, no municipality shall have the poweJ;' to obligate itsalf except with
respect to:
(a) The proceeds of the bonds and any property purchased with the
proceeds of the bond.s;
(b) Any security pledged, mortgaged or otherwise made available bv a
developer fot the securing of bonds or other indebtedness; and
(c) No municipality shall have the power to obl.igate itself except with
respect to the application of the {'evenues from the tax increments; nor shall
any municipality have the power to incur a pecuniary liability or charge upon
its general ctedit or against its taxing powers .

7, 2. eff. July l.

part

:curiries and Obli-

rs

1957.

~L

to the: plan:

tax increment

~tment
project
taxes. and the
leet the costs
"'Jdebtedness: to

...Jent financing
::c;

nancing plan
. development

J
J

.,
;~

..',
1

The proceedings authorizing any bonds and any security agreement securing
bonds may provide that in the event of default in payment of the principal of ot
interest on such bonds. or in the performance of any agreement contained in
such proceedings or security agreement, such payment and performance may
be enforced by mandamus or by appointment of a ;receiver in equity wi.th such
powers as may be necessary to enforce the obligations thereof. No breach of
809

1132

06/li/~UU3

11:48

51Jl '34801J5CI

HARRIS .::BIO & IILII lBAR

21-45-13

MUNICIPALITIES

any such. agreement shall impos-e any pecuniary liability upon any municipality
o:r any chaJ:"ge upon its general credit o': against its taxing powers.

The trustee under any security agreement or any depository specified by such
security agreement may he such persons or corporation as the goveming bodr
shall designate; provided. that they may be residents of Mississippi or nonresidents of Mississippi or incorporated under the laws of the United States or the
laws of other. states of the United States.
Laws 1986, Ch. 449, 7; Laws 1993. Ch. 527. 4, cff. July 1. 1993.

C(

cc
Of

sa
ar

Library References

re

C.J,S. Municipal C.or.porations 1957.

Key Numb(:l"!l

(1

Mtlnicipal Corporations ~950.


WESTLAW Topic No. 2.68.

La

Enc::ycloplia~>

64 Am Jur ld. J>ublk Sccur.ities and Obligation:; 199.

Pn
Pre

21-45-15. Sale proceeds


The proceeds from the sale of any bonds issued under authority of this
chapter shall be applied only for rhe pu1posc for 1.vhich the bonds l.liere issued:
pro,ided. however, that any premium and accr.ued intere.5t received in any such
.sale shall be applied to the payment of the principal of or the interest on the
bonds sold: and provided further. that if for the purpose for which the bonds
were issued. such unneeded portion of the proceeds shall be applied to the
payment of the pdndpaJ of or the inter.:-.st on the bonds.

PP
Pro
Pro

J(e

En

Law!) 1986, Ch. 449. 8, cff. July I. 1986,

library Refcrc:nces
f(ey Numbers
~hmicipal Corporations ::::o9Z I.
WESTLAW Topic No. 21\8,

2d. PJblic Se.::uridcs :lnd Obli94-123.


C.J.S. Municipal Corpon':t(ions J 9 30.

64 Am .Jul'
~arions

Encycl<.lpedia5

fin
in(
fi.n
inc

56 Am Jur 2d, M~tnicipal Corporations. Countic:s, <tlld Od1~r Polidcal Subdivisio11s


532-578.

21-4 5-17. Tax a"temption


The bonds authorized by this chapter and rhe income therefrom and all
security agreements and mortgages executed as security therefor made pursuant to the provisions hereof. and the revenu.:.s derived theref1om. shall be
exempt: fron~ all jncome taxation in the state.

ze1

in
ex1

to

Laws 1986, Clr': 449. 9. eff. July J. 1986.

Ubrat-y

ble
inr:

K-ey Numbers
Taxation ::::o218.
WE.STLA\V Topit: No, 37l.

Refer~nce..;

Encydnpedlas

56 Am Jllr 2d. Municipal Corponttions; 1;-~un


t.ies, and Other Polilic"l StbdJvJSitJI,.~
.532-578.

fin
Th
val

810

1133

r-t'.-'1:-

..L..LI.J..a

l
UNICIPALITIES

LJ'

.municipalit;

21-45-21

TA."X INCREMENT FlNANCING


C..J.S. T<txation 260.

!TS.

~]pecified by such

21-45-19. Elements of cost

. goveming body
;sippi or nonn~si
States or the

The cost of a redevelopment project shall be deemed to include the actual


c.ost of the construction or rehabilita6on of any part of a project which may be
constructed or re:habi.litated by a municipality. including architects' and engim.:ers' fees. the purchase price of any real p.-operty that may be acquired by a
municipality by purcha'\e, all expenses in connection wi.th the. authodzation.
sal.c and issuance: of bonds or other indebtedne.$s to finance such acquisition,
and the interest on bonds for a rc-.asonable Hmc prior to construction or
rehabilitation. during construction or rehabilitation and for not ~xceeding one
()) year after completion of the construction or rehabilitation.

Law::; .1986. Ch. 449, lO; Law;:; .1.993, Ch . .S27, 5. eff. July I. 1.993.

?red

Cross References

tuthority of thls
Jds w<::re issued:
red in any such
: interest on the
~ohich the bond.<:
Japplied to th~

Pn:whi:>n:< rcl::ned to arr:a:; dc:;;ignnccd for dc:,dopm~nt <tnd rcdr.velopltl<.:nl, sec 43 35-30 I.
Pr-:.vi;;:i>n:< rdat~d tr.) communir.y d:v<.:lopmcnr. :J;eC' 43-.';:)-501..
Provi,;ions rel<otr!d to rc:n.;:wa I of off-:<lr!l::fi:T pad..iug and htl~incss. :<:c 9 43-3.5 ;!0 I.
PovisionJ< oehlt~,tf to :<lum duar<oncc, sc:<: <13-35-101.
Pn:wi.:-don~ rehllcd tn urh<111 t'o:'ltr:wal. se::e. dJ-35-1.

cc:vritic~

lih1ary References
Key Numtu:l.'$
Munkip<tl CorponJ.ti<ms e:;>4ft!l,
WESTI.AW T.>pic No. ::u:..':l.

61 t\lll Jur ::?.d, Publk Sccuririli'-5 -and Ohlip:ations 'N- I 13.


C:.J.S. Mnnic.ipal Corpnn-Jri<:>n;. I 411 ro
111 }.,

Eno:ydopt:dial'
St.i Am .ll.1r 7.d, Munkip<tl Corpor11rinm. Cur.mli:s, and Oth:r Pnlitio:-<~1 Suhdivi~i(lls
532-S/1\,

Forms
9B Am Jur J~e.g>.l Form;; 2d \Rev), Hoot;ing
t;:~w:o and l.Jrh:an R.ed:vdopmcnt 138:145

and Obli-

(Di:S(JMiTi<!ll of prop<:ny ro r<<Jcvdnp<:l'


ApJNrlionmcnr. (lr Cl.ll'r~nt taxc~).

21-45-2 L

jef.-onl
r made pllrsuand all

:frorn. :<;hall

b(~

j
jrporarinn.~.
ic;:~l

CounSubdivi:<ion5

Assessed value; collections; approval; effectiveness


(1) After adoption of a redcvdopment plan containing a t.;.x increment
financing plan the ckdt shall ccrtiry the ass<'.:ssed value of the real property.
including per.sonal ptopcrty located thereon. Jesc.ribed in the tax incr~:ment
rinan~_~j.tlg plan.
Propert.y raxable at the. tin1c of the cet1ification shall be
indnded in the a::>!'essed value at its most re.c:E:ntly determined valuation.
Prop(~rty exenlpt from taxation a.t the: time of the request shall be indudt:d at
7.ew unless it was 10:1xahle when the tax increment financing plan wa-; approved.
in whkh case it-s most recemlv determined assessed valu;,1tion before it bcc.i.\me
exempt sha.ll be included. n;r:se assc.-.::;sr::.d v<.~lue::> :;hall be. and \\;'ill be rdured
to as, the: "(lrig:i.r::tal a:;se$:o;ed value ...

0) Each yea1 thcr~~\ftet, dw clerk and lhe State Tax Commission. if applic-able, shall ct::nify the amount by whlch the asscsse.d value of teal prop<::rty,
induding personal pn.>perty located thereon, desc.rihed in th~: tax i.nc.rcment
fitlancing plan h<.~s increased CJr decreased from the Qrigln<tl assessed value.
These assessed V<J.l.ttcs shall be. <.md will br:: referred to as, the 'cmTent a.'>~e.o;sed
valu.c."
81 1

J
1134

21-45-21

MtTNlCIPALITIES

(3} Any amount by which the current assessed value of the real property,
including personal property located thereon, described in the redevelopme~t
plan exceeds the original assessed value shall be referred to as the "captured
assessed value." The clerk shall certify the amount of the captured assessed
value to the municipality each year for the duration of the tax increment
financing plan. A municipality may choose to retain all or a portion of the
captured assessed value for purposes of tax increment financing if. the plan
provides that all or a portion of the captured assessed value is necessaty {o
finance the redevelopment project. including the cost of establishing necessary
reserves to insure payment of revenue bonds.

If the tax increment: financing plan provide..'> that only a portion of the
captured assessed value is necessary to finance the redevelopment program,
only that portion shall be set aside and the remainder shall be apportioned. to
the variot<s municipal tax levy fun.ds and the 1radous c.ounty tax lery funds.

The amount of captured a<5se....sed value that a municipality intends to use for
purpos~:~s of tax increment financing must be dearly stated in the tax increment
financing plan.

Section
21-47-1.
21-47-3.
21-47-5-

21-4
TheD
acquire<
in its di~
to distd
City of E
LaWS 19f

(4) After adoption of a redevelopment plan containing a tax increment


financing plan which indudes a ponion of the municipality sales tax diversion.
the State Tax Commission shall certify the amount of sales tax collected by the
state within the boundaries of the redevelopment area and diverted to the
munic.ipali.ty in the rwelvemonth period ending on the last day of the month
before the effective date of approval of the plan. Any increase in the amount
collected within. the boundaries shall be set aside by the municipality in the
fund created by the tax increment financing plan.

KcyNuml
Municip
WESTL

21-4
The I:
source c
the. Sta1
includin

Each redevelopment plan shall be approved in the sam.e manner and at the
same times prov.ided in Section 43-35-13 for the approval of urban renewal
plans. Any tax increment financing plan sho;~.ll become effective on the s~'l.me
date as the redevelopment plan is approved.
Laws 1986. Ch. 449, J J.: Laws 1993. Ch. 494. 4: Laws 1993, Ch. 527. 6; taws
1994. Cb. 352. 1. cff. July 1. 1994.

to

any. of~
conting(
operatio

for the (
be used

Library References
KcyNumbet5

C:.J.S. Mmkipal

l'>lunidpal Co-porations ec>464.


WF!:STLA.W iopic No. ::!.63.

56 Alll Jur 2d.

Municip~l Co('J'orar.ion~.

ties. and Other


SlZ-578.

P<:>tftical

Corporations~

1411.

of the rc
the distr
the gov~
in the
distribul
each mt

Forms

Encydopcdl;.~s

Coun-

Subdivision!'

or for

98 Am Jur tegal Fonns 2d (Rev). Hou~in~


L<~ws and Urb:;m Rcd~elopment 1.'~:1,1;,
(Disposir.ion of propc:n:y to redcvdopcrApportionmenr of currc:nr raxes).

Laws 191

Key Numl
Municir

WE.STL

8J2

1135

l1 E.l1
7 /:21.:11.:13
'
I

~~1~::

~-

bljl ';14\:ll.:ll.:l':olj

11 :41::

~:~.;.~:- '

i '.

21-43--133

*21-4$-133.

l\JUNlCWALlTIES

MUNICI.PAI.ITlES
(iij) To sell or lea.l'-

Dissolution

projecl~

Not-es or DE:cision~
Effect 4f rtJUuth<lrization

uncommitt<!d :Funds ~uld not lap~ to thg muniaipalit;v under Sect.ion 21-4.~133{2), Rathe:r, if the

funds were indttded in the new pl:111


tf a hu~in~ imptcwetnP.I.lt district (J;IlD) is re.aut.hm:V~d, then it is nnt di.asnlv~d anrl unapcmt. 11nd

it. waa

adopted. Slf,lproved anr.J reautboxUed, the funds


wor.tld be carried <:>ve.r t.o t.ltc BID undt".r the ~:~ew

fwe-ycar plan.
Op.Atcy.Gen.
C'l:u:k. March 30, 2001.

No.

ZOOl-{)1.22,

CHA.PTER 45

TAX

INC~EMENT

FINANCING

fot not. less tl

p.lan t.o retain proper.


redevelopment plan.
"J;f.edevelopment. project
plan.ning, st.u:vey and otl1e1
all pi~ and. ar.rangemen~
and families required undE
goveming body of the mu:
d<'lvel.opm~.nt of addit.i.onal l
clearance Qr .tedevelopmer

clemanco program of the m


or dispos.al of such b:md $hal
(e.l "Redevelopme.nt. pi:
rehabilitation
futute t
complet-e:
(i) l'o indicate it.s rei
and impro'i'ed traffic, ,
comtnfltcia.l and con.nnm
{ii) To indkate propo;
in tht;J area.
A redevel<pment pla11. may
ty and a county whereby b(,t
.\lel'vi.ce of any indebtednes~ ir
(d) ''Glverning body'' m

o.r

Section
21-il'bS.

Definitions.

21-ll'HI,
21...-:fi).-13.

Security.

Tax in4t'ement bond!!;

21~.=>-a.

dowdor.~r

llgt'P.ementll.

Definitions

For the purpose.;; of thia chapter, the following terms sh~U ha:ve the me:mio.gs given th~m in
this section tmle.ss a diffe'tent meaning i.~ de.alIy indicated by the CC~ntext:
(a.l ''rroject.~J.rea" include~:

.Area..<t in which th<3re is Si signifkanl: amount. of buildings o't impro.:ement.'l which, by


of dil.\lpidation, det,erl()tation, ag-e. obsoleaccnce, inadequate provision for vent11a
t.ion; light, air, M.nit.tltion or open spaces, high density of popula.t.ion and overcl'Owoiog or
t.he existence of <.xmditi()nS whkb endanger life o~: pn>perty by fir~ and other r..aui;>ea, o1
<UlV c:oml).ination of such !a.cwrs. are condu<..'ive to ill health. transmiasiQn of diaea$e.
infant mortality, juvenile delinquency or crime and ar:e detrim.ental "00 th-e public health;
aa.f.et;y, moral~ or welfate;
(iil Area.~ in which ate )f)cat.r::d a buildi.nf! o; building-S tha.t are of import.l:lllt value for
ptupoaes of hist.ori.(?.al })teserv~.t.ion. a.s deaignat~d by the Depattment of Archiv~ an<l
(i)

n~ason.

Hi$t.ory;
(iiiJ An-'.,.1s which by rea..';on of a signifieant amount of defective or

ina.d.equat~ street
layout, fa.u.lty Jot lay()ut i.n J.-elat.ion t,o ~ize, ad<3qUaQ--, acceasibility or usefulness, un;S.anit.ary or tlnl'-afe condition:;;, det.e1ioration of :~itc impl"QV~I'Tlehts, divetsity of owner~hip, tax
delinqu(lnc;y, d<afect.ive or unusual. conditions oC tiUe, improper sttbdi.vision or obso.lete
platting or the exisi:Amee of ~ond\tions whic.h endanger life or pl'operty by fire or other
CJ}.U>*-6, l)r any combination of such factors. i>Ubstantially impair ol:" I\Xt"e5t the sound
gro\1.th of the <:(,Immunity, r~tard t11e provi-9ion of hou.<:~ing accommodations ot constitut.e
an. econQmic or social liability and $1:re .a menace tv the pu.blk hflalth, safety, morals n~
welfare in their present. co.ndit.ion and m:e:
(iv) Ar.eas in which t.he coMtl"'tdion, renQ\-at.ion, repair <')r rabaMitsttion of propelty for
reaidenthtl, ~ommetcial or other use:~ is in the publie interlil$t; or
(v) A pro.iect. fo.r u-hieh }). certificate of public oolwtmience and neeessity bas be~n
obtained by the nmuicipality pttrsuant. to the Regional EcoMmie Development Act..
(b} A ''rerlflVd(lpment. project" may include any work or unde11'2.king ])y a nmnicipality:
(i) To a.-:quil;'e p:r.o,iect areas or pQrtions thereof, induding Ianda, sta11ct.ures or impl'Otre-

menl:s the acqui<~ition Q.f whil;!h is nece.')s.ary or incidenU!l to the proper clearance,

dwdopmeut. or redetrelopment. of such .are~.s or to the prevention >f the spread or


reeurrence of S~hnn conditione ot" condition.<; of blight;
(ii.) To dear rury project ale~ by demolition or removal of existing huil<ling!.l, structures. skeets. ut.iliti.es or othet impr~wemen~ tber>:!on 11nd to ins~,all, const~uct. or
recon.st-ntr.t. .street.g, ut.iliti.es, bulkhEl.ads. boat docks and site improvem.ent.a essent.ia) to
t-h~ preP-Qration of sit('.s fr)r use!\ in ac.~ol'dan<:e wi.th the re<:le\--elopment: pl'!ln and public:
imp.roveme.nt<'! to encourage privat.e t<:Jd~"elt:~pment i.n ar.r!l)rdance V~<ith the r~d~'ITelopment.
plan; Ql

supervisorg of ar\_y county.


(e.l "Developer'' means a

int.o s.~n agre~rnent. v


oper1,1.te lUld rrtain.t.ain or Pl'
or other facili.ties or i:rnprov!

~nters

project.
(f) ~~Lmicipality" m~ans

l!r1ississi.ppj l)r any count,y.


(g) ''Ckrk" means the mu:
Amended hy Lll.W'i! 2000. 2nd Ex.

2000.>.

l
J-aws 2(JOO, 2nd .Ex. Soo.~ .. Ch. l,
~rltis

'let may be cited

SlS

the 'Ad

l'li ppi Initiative.' "

.Regional FJeonomk DevclopmP.nl


of bonds. B~e 57-64-l.l.

1.. In

~t~ncral

Se~:tion

21-4&-..3 <tutlw&.....s that a ,


pla.n may incli)(JE: agr~ments where
ty and municipality .agree "to pic
payable to them to fullri the debt of
indebtedne~ inctUTed p.UJ<~Uant. to
\Vhilo the county is mandated t.l) le1
tm<:E-..S tm bP.half of and for Ute SUflf.
disttiets pu~uant. to Section :;17-57-1,
mnply collecting it nn h~half of t.he !!

108

1136

~l\'JUNICIPALITIES

21-45-3

MUNlCIPAUTIES

Noto 1

To sell or J~e property a.cquired by <'- municipality as part of a :r.edeve.lopment


project. for n<>t less than its fair value for uses in s.ccordance with such redevelopment
plan t.o ret.sin _property m: public i~nprovernents for pnblk u.se in accords.mce wi.t.h t.he
1-edev-elo_pment plan.
"Redevelopment project.'' may also include the preparation of a rede\eloptnent plan. the
plarming, .Sllr\ey and other work incident~ to a redevelopment proj~t and the pre_parat.i<>n of
all plans and arr-<~ng~ments for carrying out a tedeveloprnent project, relocation of business~
and families required under applicable law .and upon. a dete.nn.ination, by resolut.ion of the
govemi11g body of the nm.nicipality in which such land is located, that the acquisitiot~ and
develo11ment of addit~onal real p1operty not. within a pl'o,iect area i11 essential to the proper
I"Jearanee or 1edevelopment of a project. area or a n~cessary }]art of t.he gener;;~l slmn
ciE>manee program of the municipality, the acquisition, planning, preparation for de~~lopment
or dispoaal <>f !;lllch land shall eonstitute a redevelopment prQject.
{c) "Redevel~>pmel:lt plan'' means a plan for the acquillition, clearanee, reef.lnstr.uclion,
:tehabilitation or fut.tue use of .a red~\elopment project area which ~hall be sufficiently
complete:
(j) To indil'.ate its relationship to definite local objective.s as tQ appropr.iate land uses
and improved traffic, public transportation, publi.c utilities, recreational, r~idential,
comme:rcial and community facilities and oth~ public in1prt)Vemento; and
(i.i) To indicate pt'Oposed land m~ell, w1at.er.front uses, i <tny, and building requirements
in the area.
A redevelopment plan may include inter](lca.J cooper.at.ion agreement$ between a municipality .tmd .a county wbil:reby both agree t.o pledge revenues payable to them to f\~o.d th~ debt. of
service Qf any indebted.ne...qg jnclU'l--ed pursuant te> t.his chapter.
(d) ''Governi.ng body'' mea.ns the gowning body of any r:nunicipalit.:"r or the board "f
supervisors of any county.
(e) "Developer" means any ~rS<Jn, firm, corporation, pattnCU"ship or other entity which
enters int.(l an agreement. with 3 municipality whereby the developer agrees to oonstl1lct,
operate and maintain or proeure the con..<~tntd~ou, operation and mainten<tnce of buildings
or other far.iliti"liJ or improvements upon land or waterfront being a prot of a red~elopment
project..
(0 "Municipality" rneans any dty or. to\1.n incorporat-ed under the laws of t-he State of
Miasis.sippi or any county.
lg) "Clerk'' means tl1e municipal clerk or chancery de1k. -11$ tl1e case may be.
Amended by Laws 2000, 2nd E:"~C. SQSa., Qb. 1, 21, eff. from and after. p&.'*."lge (approved August 81),
(iii)

ot ls.pae to the m!mk-i.J::l:H2J, Rat.h<:',l.". If the


plan <J.;~ it. w;l.j}

""l.lleW
ut:hori>'.ed,

the funds

BID under the new


:!ln. Nn. ZOOJ-(1122,

nings gi-cn them in

teml(lnti:! whleh, by
Qvision fot V!i!nt.ilaovcrctowding ~)J:'
d other ~-:auses, or

.r

ission of disesae,
the public health,
. brottant value fot
i- of Archives and
~nadl;!quate s~et.

tefulne...~. unsa.niof. ownerahip, tAx


~ion or obsolete
y by fir~ or ochor

2000'1.

Historical and. Statutory Not.es

!rreat.or thf: sound


on.;~

const~t.ut<!

safet._y, moral-s or

' rn of propr;:rt:,; for


~.Jes!1i t.y ha.;: been
Jevelopment Act.
Y'{

Laws 200D, 2nd Ex. Seoo . Ch. l, 1 f'TOvidl!ll:


"This a.<;t. may be ciwl ;1.$ the 'Advsntage M.ioois
sippi J:nitiativQ, "'

Cross References
Regional E<Jonamie Developrneot. Act, issuanc.,

of bonds,

see

5'1--fo-4-11.

a municipality:

ures or impraveopet dearl;l.ncc,


)f thf:! spn:.lld or

J11, r.onstruct or
mildin~. stnte-

1ent<J ~senti<~.! tQ

; plan and publi.e


,.] rerletelopment.

Regionlll Economk
57-64--1 et seq.

Development. Acr:,

see

Note.s of Decisions
ln ,lffln-eral
Seetio.>n 21-46-{1 ;J.uthodVilll that 11 redevelopment
plan ntay i.ncht..le ;~.greemcnta where both the oount,y and municipality .afP."Ce to pledge reveuues
payable to t.hem to tund the debt of a-anioo of any
indcbt.ednesa in<:LUTed flUTSUaot to thia ehspter".
Whil~ the county ia mand;lt<:d to levy ann collect
t.axes on be-half of aod for the aupport of l'ahool
diatr.it't.s pursuant to Seet.ion 37-57-1, tJ1c county is
simplf eollecting it on beltalf of the a<::hool dilltrict.
1.

~tnd th~ c<:>tmty does nn.t. retain any of thoe~ funds.


RarriilOn County ia likcwi..o;e ;uithCirized to hvy anr.l.
collect. t.s..-.:e.s for t.he Child Df!velopment Center

(Sed.ion 37-2.3-103) and .M:i&si.ssippi <:'rtdf Coast


.Tunio:r Collesre (Sedion :;i7-29-437); therefore,
those fund!l aJc not <'OUnty f'undn ~ll'ld thll$ not

eligibiP. to he pledged to f.i1nd the d~ht seJ"\'icP.


rP..stdting from a redevelopment plan under Sectir.on
21-45-.l ~t seq, Op.A.tt.y.('.-eu. N<>. 2QOO.-Ol68, M.cAdam6. M~r.ch 31, 2000.

109

1137

~~-

21-45-9

._.

-~

....

- ........ . .

1\'IlTNIC.IPALITJES

Zl-45-9.

Tax inctement bonds; developer agr.eements


.A.lw gove.rn.ing body may iSJ;tle tax increment bonds, the fin~l ma.t.1Uit.y of which sl1all not
ext<'n<f. beyond th.irty (~0) yeaYs, for the pilr.pw.e of financing 811 or a portion of the co~t- <Jf a.
redevelopment project. V~oithin t.he boundR.r)es rr( the munidpalit.y, funding <tny ~eserve whir:h
the governing b<)dy m~y doom advisable in ~onnect.ion \"itb tbe retirement of the prl)poserl
indebtedness and fundh1g l!.ny other inddent.al e11.-penses involved in incuning such indebted-
n~ss. T.he debt set'-ice of indebt.edneas inclll.-.red pursuant w this ;Jection shill be p1ovided
fror.n the <tdded increr.nent.s of municipal anrl county ad v.(!.IQrem ta:t revenues ~;~r any portion of
the sales tav.es, or both, to reanlt from any SU!!h redevelopment proj~!;t, ;.md .shall never
cotJstitute an indebt.edness of t.he municipality wit.hi.n t.he meaning l.lf any .st.at.e coMtitut.io.nal
pro"isk>n or statutory limitation .and shaU nr::vet const;itute noi gi....-e riae to 11. pc~uni:.u-y
liability oft hti! n:mnki.pality or a charge ~~ainat its geMJ'I:l J credit or taxing powers. '

Said bouds may be author.i~ed by resolu1i<ll or resQiutiol'la of the governing body, ~nd m~y
be issuer! in. one or mo.re s~;~.r:ies, m~ty hear such date or rl11tes, mature <~t su~h time or times,
bear interest at sucl1 .tate or rat.P..&, payabl: at such time.;, be Jn such demm-rlnations, be in
such form. be rE!gister-ed, be e:'Cecut.ed in !:lllch manne' be payabl~ in SU!!h medium of payment,
at snch plal'e or places, be sub.ier::t to .such term11 of redemption, with or \l.ithout pretn.ium,
cany such conversion or registration prhileges 11.nd be declared or become due befwe th!'.!
mabuity date the1oof. as .such resolut.i.on 1"!r re~olution.s may pro\o;de; however. such bond~
shall not. hem a gnmt.er int.erest. rate 1~) mRtluit.y than t.hat. allowed u.nder Sedion. 75-1.7-101.
Said bonds shall hE'! sold ftJt not. less than p~< value plu$ accmed int.>.,rest. at. puhlir. sale in the
manner llrovi<:led by Section 31.-1.9-25 or at pri1:ate s;a.J.e, in t.hr:> cliscmtion of t.he gn.verning
body. 'l'he lowest itJt.e1'est. rate spec.i.fied f\lt any bow:,!$ issue(! shR.Il not. be ]ella t.hau seventy
PQrcent r70%) (>f the highest int.e:re11t. :tate specifi~d for t.he sam.e hood i.~ue. Said bonds may
be repurcbas~d by t.he municip~lity o.1t of. any :;~vailable funds at a price not to ex.r.eed thPprindpal amount. (:hereof and aecr.tted ir.ttere>.<t, .and all bonds so repmchased shall b~
ca.uceUed. Ju crrnnectitm wit.h th<P. issuance of' said boucl~;~. t.he muni6palit.y shal1 hawJ the
power to enter iJ1t.o contracts for rating Qf the bondf.l by nat.iou<Jl rating agenciell; obtaining
wnd inJ;tlrance or guarf.lntee.'l for such bonds and complying with t.hP. terms and eo.nditir>ns of
such inat.n'atu.~e or. guarantee~,;; make ploision for paytnent in. advance of matm:ity at the
opt.i.on 0f the owwi:lt or Jwlder of the bonds; covenant. for the seetlrity 1111.d bet.t.er rnarl<:1.f.l.bility
of t.l1e b<md~, inclu.ding without; lirnit.-ition t.he eat..1.blishment of a debt !lervice resl"~e fund anrl
sin.king funda to l:lecurt:: or .P'iY such bonds; and make a11y othP.t provisioll!l deemed deairabl~
by t.hc muni~ipalit.y in connection w.ith the issuance l)f said bonds.
If ~ governing hnd:r d<;)3ires t.o i~Jaue ta;< increment financing bonds tmder t.he Regional
E<!otwmic Developm~nt. Act, the goveming body also shall comply wit.h Rny requir~.r:nents
provided therein.
In !!onredion "1'1-it.h the issuance of. said bonds, the municipality may arr~:~nga fo1 lines of
credit. with any hank, finn or per.soo for the pltrpoae of pro\iding &J. additiona,l source of
.r.epaymenf. for such honda and amount.~ d.rawn. on !11.lch lines of. credit may bP. evidetl('ed by
banda, nc~t<~s (11 ot.her evident!es of indcM.ednes.'l cont.;.dning sm~h t"-'rms a.nJ condition~; as thr::
municipality tnay determine: provided. howe~:er, that EOm:h bonos, notes or evidem~es of
ind~btedness shall be sP.~m-ed by and pay;<ble from l:he s<~me aources as 1.ue pll;)dg~10 to the
paym.enl o;.>[ said h1.nds \\:hich arc 8dditiooally sccuted by suc:h Jine of credit, and that said
bon(ls, not.es or other evidence~;~ of indebtedness shalt be deemec~ to be bonds f(lr all pm-pose$
of this dJ!tptct_ Pending the prepll:tatiou or execution of dofinRive bonds, interiru l'eceipts ot
cert.it'ical.e:>.s. or temporar.y bonds lt>.ay be delivered t.o the purchaser o.t pur.dw.s<f!rs of said .
bonds. An.v !Jl'QVisioJl of ~~~v to thQ contrary t~ot:>,~.it.hstanding, any bonds. if My, issued
pursuant t.o this l!hapter shall po;J.sess ~;~.11 of t.he qualities of negot.i:t.ble insh1ltnentl;.

The municip:.\lit,.y may <.~l~o issue refut~ding l;ion<l.s for the pt.J.rpose of pa;\'ing any of il:$ bonds:
at. OJ.' pri~>r t.o ma.t.nrity (ll' iJpon acc.deratioJl or 1edemption. R<i!flm((ing bonds may be i.ssnr::r.l
at such time prim: to f:he matmity or redemption of the refunded bo11ds a.;J t.he municipality
mR.y detennine. The Jefunding bond~ may be issued in. sufficient. anwunts f:o pay or providr.
t.he J?!"il'ldpal of !.he lwnds being t.efunded, t.ogether '\ith any r~dernpt.ion premium thereon,
any mte.rest ;v:crued o:r to accnJe to the datr.! of paymcnf: of ~uch bonds, the E>..xpenaes of
is~uing the r~fun<ling- bonds, f.he expeMes Qf redeeming the bonds bei.ng refunded, and such

no

1\fUNICIP..:\LlTII
res~rea

for debt
lefunding b<mds a;
or other security i
det.ail<~ thereof, tb1
obtigat.ions ~)f thE: r
thi9 .~haptet relat.in
may be applic.able.

Befo.r.e inctJrrin):!
increment. financini
agreement fhlm ow
(a) To e((ect t\
imp:r.c.,vemeots, a~
(b l To pay all
manner; and
(c) To rnaintair
impNvements of I
No bre.ach of a.n:r
or any charge upo~ ;
Additionally, the [
t.h'<! d~veloper m<~y c
in advance of issuar:
co$t.S in~urrc;:d by th
procee<3s. condit~one
rnunicipalit;) t) a&<:IJJ
Ammded by L:,.ws 2fl0
2000),

L:,.ws 20(11), 2nd F.::<.

"Thi:> 11d m'l.y b., dtm


!Iippi InitJativE.' .,

lt~gional

.1}7-64.-J

Er;on(lmi<;

~t. ;;~q.

21-45-13.

SecUl

The ptinr.ipal, int.err


a pledge of t.he t~vem
pl:.m and may also be <
of !::he red~vdQpmcnt 1
secur[t.y agreement.
s;e<:mity agreement. n
in$ttument..r.: $ecuring
pro";sions respecting
facilities or impr.ovemf.
right$ atld remedies a
a$ the governing bod;
agreement;s 01 pl"'vii>iJ
.r:-e.sped. to:
(a) The pro<.er:!d$
bor.trls:
(b) Any secrlrit.y p.
securi..ng of bond3 or
(cl No nlllnidp<t.lit:
applicati.on of the te'

1138

t-'AI:tl::.

lb/1/

.l

~l

l\1UNICIPALITIES

re~erve~ for debt service or other capital or cu:r.tent e.~pen.ses from t.he proceeds of such
refunding bt'Jnds as may be required by any of the mllnicipalit.y's xoeaolution8, trust. indenture
or otl1er security instrument..s. The issuance Qf l'efunding bonds, the maturities and other
det.ails thereof, the se.auity therefor, tlte right-a of the holdnl a.nd t.he tights, dutie.s and
(lhligations of the municipality in. respect of the same shall be governed by the provi.~ions of
tl1ia chapter relating t.o the issuance of bonds other tJum refunding bonds, insofar as the same

a~ements

""'ld.'3. the final maturity of whi.ch 1.1hall Jtot


pnandng 'ull or 8 poltion of. the cost or a

~ municipality. funding any re.se.1:"oe which


~tion urit.h

the retirement. (lf the proposed

~Jes involved in in.cturing such indebted-

may he applicable.
Before incuning $J\Y debt pertaining t.o a redevelopment project. incPrporating a t.ax
increment financing plan the gO\rerning body rn~, but shall not. be requirecl to, $ec.Ll.re an
.agreement {rom one o.r more developers obligating such developer or developers:

suant. to t.his s~ction shall be prl),.ided


.. -.ralor.ern tax revenues OJ:' a11y port.i1.1n of

r.edeve.lopment pro,ie<.'t and shall never


the meaniJtg ~>f any st.a.te constitutional
nstit.ute lll)t' give rise to a pccmri;uy
era! cr-edit. or taxing po'ers.

(a) To effect the completion of aU or any portion of the buildings or othel' facilities or
improvement-<;, as described in the redevelopment. project, at no c-ost to t.he municipality;
(b) To pay all Qr any portion of the real property taxes due on the project. in ~ timely
manner; and
(c) To tnaintain and operat.e all or any portion of the. buildings (lr Qthm facilities or
impl"'vements Q{ the project in such .a manner a~ to prP.Ser,:e property values.
No brea<!h of any such agreement shall impose 4ll)' pe<:uniary liability upon a m.tmidp.Uity
o1 any <!barge upon its gen~ eredit ot against its taxing powers.
Additionally, t.he municipality may enter into an agreement with the developer under whieh
the developer may eonatruet. all or any part of tlte red~elopment. pl"Oject with private funds
in advan~ of is.suan~e of the bonc.ls and may be reimbursed by the municipality fCir actual
costs incun:ed by the developex- upon is.suance and delivery of the bonds ::tnd receipt. Q[ tl1e.
proceeds, (!(lndit.ioned upon dedicatilln of redevelopment project by tl1e developer to the
municipality to aasure public uae and aecess .
Amended by J..awt'l 2000. 2n-i Ex. Scil.!l., Cb. l. 22.. elf. frpm and after pas:;~:tgc (approved August ~0.

$01Ut.iona of the gove.rning body, and may


r:~r dat-P..s, ntatlt~e at such time or times,
' time::;, be in snch denominati<.Jn.&, be in
. . be payabl~ in such m~dimn .;.f payment,
redemption, ~ith ()l' uithout. prf.:m{um,
declared or becomf:! due before the
ns may provide; however, SIJ.ch hood;;
that :=tllowed t1nde.t Secti.on 75-1.7-lOl.
lus acr::l1.\ed inten;:st at. I:.Hblic sale in the
&tle, in t.he disaet.ion
t.l-ie goveo.ning
.~-~- issuoo shall not. be less than St::"ent.v
the sa.me bonn i~tt). Said bon<ls r:na;
.<1 k f1mds at. .a prit:'e not. to exceed tl;e
1d all bon<:la so repurchased slw.U be
oud.s, the municipality shall. have tlHl
by nll.tionru rating agenciel;; obt...'lining
lying V~-ith t.he tenus and Cl)llditions of
>ayment. in advance of matul"it.y -!It the
or the security and better marketability
~ent of a debt- sc.t'\'i<:e reaerve fund and
jmy other p1:1)visiooa {J,~emed dc::.itable
~said bon.d.s.
,f

J be

21-45--13

MUNJCIPALITlES

of

2000),

Historit'..al and Statutory

Note~

'.+

Laws 21100, 2nd Ex. Sell$.. Ch. l. l provi.des:

"'i'hls

"J'

. tbe purdl<~3ei' or purchas~:rs Qf said


t.anrJi.ug. any bond$, if ~ny, ifl:sued
f negotiabJe inscmmenl<1.

.
J

the purpose of paying any of its hr.nr.l$


n. Refunding bonds may be is:;~ued
re:fnnded bonds a.s the muoicipalit.~1
uJfident. atnount.\1 t.o pa.y or pl'ovide
:th .any redemption p1emimn thereon,
111~0t. of such bond8, the expenses of
Jthe bonds bei.ng r"'-l"tmded. and su<::h

Cro..'lS Re:fereoces

may bP. cited n.s the 'Advantag-e Miasls-

Regional Er.onomic
!)7~-1 et. s<aq.

financing hoods under the Regional


;,.hall comply ~~th any lcquu'<:!ITif'.lfitll

munidp.'llit1y may anauge for line!! of


>f providing an .additional ~oUl'P.f.l of
lines of c.r~dit may be e\'idenr.ed hy
""' il'l.g such terms and cotJditi(HtS a.<; the
~t ::mch bonds, notes or. evidencez; of
.same sources a:; arc pledged t.(, tJ1e
by sueh line of c:r.edit, and t.hat: said
._ de~med to be bo.nds f<.r all purpt.se:of definH.ivr,: bond.'l, intetim receipt.':! or

.11.~;t

" ippi l.nitiat;ve.' "

21-t&-13.

.II

Devekpment Act,

flee

Security

The pril"lcipa!, intere$1: and pr~mium, if any, on any ta.~ in<:rem~nt. bond shall be secured by
a ple.dge of the revenues pa.yable tl) the tnunicipality pursuant t.l) the ta.." increment. financing

plan and rnay also be s~.t~Nd, in the djscret}on of the municipality, by a lien on all or any part
of t.he redevelopment. pr~)ect and any secll!'lty. by any d~veloper pursuant to and secured by a
!3ecur~ty agreement. The pr~eedltJgs under whkh any indebt-edness i~ authorizeq OJ:' any
seem1ty agreement may contain any agreement or provision$ customarily eont.ained in
iMt.r_u~ents s~cttr!ng such obliga.ti?n~, wit~lQUt. limiting tbe ge~ettlity of. the fl)l"egQing
pr~~~wn.s r:spectmg the con.st.rud?n mamten.ance and operation of buildings or other
factlit.tes o1 1mprovemcwt.s of the p~ted, the creation and maintenance o! special funds, the
right.o::- and remedies a'lrai.lable in the event of default t.o the debt holder;; or w the trustee. <tll
as t.he goverlling body sha.ll deem ~dviuble; provided, however, that in making any such
agreements o1 p1ovi.sions, M municipality shaU lu:~.ve the p<~wer l:o obligate itself except. \l,ith
respect t.o:
(a.l The proceeds of t.he bonds and any property pmchased .,.;jth the pt'(1Ceeds Qf the
bond~;

(b) Any l:lecurit.y pledged, mortgaged m otherwise ml\de available hv a developet fm: t.he
se<>..nring of bonds or ot:IH!:(" indebtedn~s; and
,

(c.~ N? nlllnidpalit.y shall have the p.Jwer to obligate itself a'l:cept. v.;]th respe1.~t. tQ the
appbcaf.mn <)f the revenues (tom the t.a.x in.crernent.\1; nol" shall any municipality have t.he

111.

1139

'JHr'-r".J. ..:t

~L..I -

oe J..''-'1

u:n~.

-----------------

i
21-45-13

&JUNICIPALITIES

power to in.enr a pecuniary liability or char.ge upon its general credit or ag1lin$t it.'3 ta:ting
power$.
Tax inerement financing bonds issued u.nder the Regional Economic Development Act al<Jn.
may be secured as provided therein.
The proceedings autho1izing Jl.ll,."r" bonds and any ae<:urity agre~meot seeming bonds may
provide th3t in the event of defaldt in payment o{ t.he principal of or interest on such bonds,
o1 in the pm:fonnance of any agreement contained. in such prrxeedinga or security ~eement,
such payment and performance may be enforced by mandamu.a or by appoi.ntment of a
ree;;liver in equity 'With such poWel:S as may be necessary to enforce the obligations thereof.
No hre.llch of ony such agreem(Jnt shall impo.<Je any pecuniary .liability upon any municipality
or any charge up<~n it..s general cr-edit or against ita taxing power~:~.
The t.n1Stee under any seeurity agr~ment or any deposit,ory specified by such seeurit.y
agreement may be such pe.tsons or corporation a.'l the g011erning body shall designate;
provided, thl:lt. they may be residents of Mississippi or n.>nresideot~ of 1\fi.."!Siooippi or
incorp01at.ed under the laws of tbf,! Unit.ed States or the laws of <>ther states of the United

St.at.es.
Amended by Laws 2000, 2nd F!x. Seas., Ch. l, ~. eli. frnm ~nd nftcr JliL\'Siig'e (approved A11gu.;t. 30.
200U).

H.~storical

and Stat.utory Notes

Lawa 2000, 2nd Ex. Sess.. Ch. 1, li l. prov!d~:


''Thie i.lCt may he dtcd as the 'Advantage Mi11$if.l-

sippi Initiative.' "

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ABANDONED" 0
Controlled ~tr.bstl

BAlL
Poaf'CitJJte~~ mull,

BOI\RDS AND C
l)cflnltion,.,
MJilkipal )ff.i<::
t<!ml, :21-29

Wa(cr tr~m.mcr
o;;cnltlcatit>
Bl.lll..DlNGS
Dcmo]Won, ab;,n.

trnllcd

sJb~tJ

CH:\Rnn~s
Munk!pa.lir.i~. I~

DJa:P.ENl>l':NT OJ
l'vhtnicip~l offic.:"
sions. bcncfiu
Rctir.,mr.:nt .and I"'
p[oyec~. b~.nd

Crost'l Ref~renc~s
Rel{ional E~r.onomic Development. Act. Ree
67--S.i-1 et.seq.

F.IREH{;~J.n:.RS

C<>~r of living ~o:t.iu

l1-29-:Z47

birr,o::t. dcpo,<il, ret


Financi~l

instltuti

depo~it, 21-25

Mllil.il.Ff rorc<:s, l'tJt


ics, 21-2.9-301
Rctirr.rncnt arod pc
Contl'iboJtions, !'I

Co::t of Jiving ad;


Oirco::t d<!JX1:;it. l
Di.trih.o.ttions. ro
Finaroci:.l ;nstitu'
H3ndkappcd p<:
bcucfi~. 11-

Milit.:;o r.;v force~. ~


Rr;limds, ro.dlovco
Rollovr.:rs. 21-2!11

Sc;.,icc crndics. r
Tcnnio<~tion of p
vr,';lcd dp;hs. tc'r

Fl.'NJ>S
1\.honicip~l rc~c~.l

HfGHWAY SllFEl
'TE.M
Milirary forces. sel"
Scn-ic~ credill;, mil
L\W P..NFO~C.EMI
School~ ~.nd ~r.hoo:>l

LIENS AND INCUI


Amnc~Ly, mtnldpal

Blir.hrr.d propc,.,.y. r
MAr:V Sl'~EET PR
Munkipalltia<. c;~pc
~1-19...44,1

112

1140

1141

EXHIBIT II
GOALS AND OBJECTIVES

JIMMY G. GOURAS
' - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC.

----------.....1

1142
1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email:jggouras@bellsouth.net

~l
CHAPTER ONE: GOALS, OBJECTIVES, AND POLICIES

The goals and objectives of the Ridgeland Comprehensive Plan and the continuous,
comprehensive planning process are to provide guidance for rational response to change.
They reflect ideally, consideration of a combination of community issues and facts blended
with community values. Goals institute the conscious statements of a community

what it wants to become, and how it will direct its energy toward that
Ridgeland Comprehensive Plan begins with a set of general goals.
more specific goals in the following areas: cultural and

services, environment, land use, residential, commercial, .


transportation and implementation.
Policy statements have been developed for each of the
statement usually consists of three or four policy levels.
divided into four policy levels: goals, objectives,
Definitions for these levels are as follows:
GOAL:

The ultimate purpose of an


easily measured.

in nature and not

clear commitment.

POLICY:

will be carried out.


followed by statements explaining the planning
s_ecc)na definition of policy (2) is a collective term
plan that guide action, including goals, objectives,
text and illustrations (maps, diagrams, etc.) For the
term policy is used, it should be understood to mean the

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by a zoning ordinance, subdivision regulations, and a capital


in addition to other growth management techniques. According to state
l"nrH!1C.'t"'" with the implementing regulations. Therefore, the policies in the
in the above three implementation devices (zoning ordinance, subdivision
capital improvements program). In order to be effective as guidelines for
day-to-day decision-making, the policies in this plan will supersede the zoning and subdivision
regulations in cases where there are conflicts between regulations and policies or where the
regulations are not clear.

1143

l
GENERAL GOALS
GOAL:

To provide for an orderly arrangement of land uses in the incotporated areas


of the City of Ridgeland.

OBJECTIVE:

To recognize the desirability for separation ofland uses into


compatible types.

OBJECTIVE:

To grade land uses by type, character,


with particular emphasis on
residential and commercial

OBJECTIVE:

To separate incompatible
buffering to reduce
classifications adjoin.

POLICY I:

Through the use


guide, the
defined

IMPLEMENTATION
PROGRAM:
Determine what type of,..n11nm,,,,,r;
in a manner consistent

remainder of available land

a healthy, safe and


'"'"""'u and attractive atmosphere for living,
and service functions.

GOAL:

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future development will be in the best interest of the


and its citizens, measures will be taken which will
improve the quality of life of the citizens of this

To use the comprehensive plan as a tool in guiding the


future development of this community.

To develop an updated comprehensive plan.


GOAL:

To guide and direct the development of the foreseeable future into desirable forms
and patterns rather than inefficient sprawl.

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OBJECTIVE:

To prevent the inefficient use ofland. By using the comprehensive


plan as a guide to development, the desired land use pattern will be
produced.

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POLICY 3:

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Existing strip commercial development and residential


sprawl will be controlled. Future development, in
accordance with the comprehensive plan,
. of a more
desirable nature.

IMPLEMENTATION
PROGRAM:
Develop Land Use Regulations
GOAL:

To coordinate living areas, working


integrated relationship and create a
and image through which a balanced
Development of .................,,a~-.,
areas will be in such
use pattern.

OBJECTIVE:

result in a balanced

POLICY 4:

IMPLEMENTATION
PROGRAM:
]

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~".. '"""'"'the

value of places and objects of historic landmark and


to the community.

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good urban design to improve the appearance of the central


the highways, streets, bridges, intersections and the street
that will enhance the aesthetic qualities and reflect the beauty and
nrP,nP<~<I of the COmmunity.
To improve the overall visual image of Ridgeland.
POLICY 5:

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The Public Works Department shall be consulted prior to


any major improvements in the City that would
10

1145

l
significantly change the appearance of the highways,
streets, bridges, intersections, and street facilities.
POLICY 6:

The landscaping of public and private property and


preserving existing trees where feasible will be encouraged.

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POLICY 7:

The size, number and location of signs shall


improve the safety and visual

POLICY 8:

The Comprehensive
be used as a basis
implementation
encouraged by
parking spaces in

GOAL:

manner that makes

OBJECTIVE:
POLICY9:

of new public facilities or


to older facilities shall be done
in the Capital Improvements
exception of emergencies. The maximum
made of existing infrastructure/public facilities.

City will encourage orderly growth patterns which


uuuu1u..\..i "leap frog" type development patterns that leave
large vacant spaces between subdivisions and commercial
developments that must be traversed by streets, public
utilities and other facilities that necessitate public
expenditures.

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9.2

Capital Improvements Program and an annual capital


budget may be developed and adopted by the Mayor and
Board of Aldermen.

9.3

Encourage the infill development of vacant land with


underused public facilities.
11

1146

POLICY 10:

~~l

Public facilities and services must be available and


adequate to support the development at adopted levels of
service as a condition of development approval.

~~}

10.1

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reconsidered
development
with the

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Level of Service standards are used to compare the demand


for public facilities created by new growth to the capacity
of public facilities affected by that growth.
city must
also determine what facilities, and . what
of
development, will be included in
determination. This
tive impact on

PLANNING
PRINCIPLE: Public facilities such
areas of the city in .
underutilized

is accessible, convenient, and that

GOAL:

'1

needed public facilities; to acquire open land


in character at the proper time; and to encourage their
eictpnlertt, maintenance, and optimum use by the
the needs of today and of the future.

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be provided to
properties with
and redevelopment of

Current facilities will be examined to determine areas


where facilities are lacking. These areas will be targeted
for future development.
Vacant land in these areas will be purchased if necessary
and appropriate restrictions placed upon the land to
preserve its use as a public facility.
POLICY 12:

Public and quasi-public structures and facilities shall be


located in areas most accessible to the public and in areas

12

1147

where other similar structures are located for the general


convenience of the public.
OBJECTIVE:

To take advantage of infrastructure technology not only to better


serve the citizens ofRidgeland but also to enhance Ridgeland's
reputation as being on the leading edge of technology.

ENVIRONMENTAL GOALS
GOAL:

To recognize and consider environmental


use patterns.

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OBJECTIVE:

To manage flood plain

POLICY 13:

Development in
in areas ofhigh

IMPLEMENTATION
Areas subject to
PROGRAM:
Floodplain
Ordinance.
Floodpl
Identi.

managed by a
ain Management
and guided with the
Comprehensive Plan.
the responsibility of
and engineering officials.
practices and land development in a
......,,........y sound.

'1

use maps and environmental studies will serve as


for the establishment ofland use patterns.
the rate of soil erosion.

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Soil erosion shall be reduced. Areas of significant soil


erosion shall be determined and appropriate steps to slow
the erosion shall be outlined in the Subdivision Regulations
and through any other appropriate means.

Urban development creates conditions that increases the potential for soil
erosion. Soil erosion is not only unsightly, but it also silts up drainage
ditches and storm sewers, thereby increasing the chances of flooding.

13

1148

OBJECTIVE:

To identifY areas which have extreme soil characteristics and to


manage development of those areas accordingly.

POLICY 16:

Development should be discouraged in areas where


extreme soil characteristics preclude site development.
Land use maps and soil studies will be used to determine
what areas are less suitable for development.
To encourage proper use oflan~ that has
slope or some combination

OBJECTIVE:

POLICY 17:

Development of
discouraged
Determine attec1te;
use.

OBJECTIVE:

POLICY 18:

..u'''"''"''"' to allow the use of


for controlling runoff, such as
retention basins and ponds,
swales and open ditches.

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density increase incentives for reducing the


and/or rate of runoff.
to implement city-wide stormwater master plan.

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for this policy is that urban development creates impervious


which increase the amount and rate of storm water runoff and
hazard potential. Therefore, this policy is directed to reduce the

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GOAL:

To promote compatibility in land uses and to promote orderly expansion of urban


growth to provide efficient use of resources.

14

1149

OBJECTIVE:

To coordinate land uses so as to create a functional and appealing


image for the community.

POLICY 19:

The City shall promote an urban pattern that provides for


the safe and efficient movement of people and goods,
reduces conflict among land uses, and protects the natural
environment.

POLICY 20:

Strengthen the entire community


developers to
business ..,.,.au,,..,......
development and

OBJECTIVE:

POLICY 20.1

To redevelop areas ofRi


these areas more useable.
The city should
Ridgeland
ment.

OBJECTIVE:

and inefficient in terms of


....,................,.,.., of public facilities.

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in the streets, to secure safety from fire, panic


........ A..., .,, to promote health and the general welfare; to
adequate light and air; to prevent the overcrowding of
to avoid undue concentrations of population; to facilitate the
provision of transportation, water, sewerage, schools,
park and other public requirements.
Urban growth will proceed in an orderly fashion in
conjunction with the land use plan. The land use plan shall
be implemented through zoning policies, subdivision
regulations, and other land development regulations.

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RESIDENTIAL GOALS
GOAL:

To establish a residential density pattern that will produce desirable


concentrations of residences and will not overburden the local community
facilities or cause traffic congestion.

OBJECTIVE:

To allow modified residential development, which


compatible with existing neighborhood re~lae:ncces
encourage developers to share some of
public facilities that might be

OBJECTIVE:
only in manufactured
subdivisions.
POLICY22:
Residential
designed to acc:om
dwelling units

POLICY 23:

be located on c;:trf~P.t!':
density ( 6 or more
will locate on major
Plan Update For
density of a
and service
in which the property is
ves, and policies of this
local ordinances.

units per acre and above)


be located on arterial streets or have
collector streets in order to accommodate
generation rates of multi-family
An exception to this would be to allow
development densities on infilllots to encourage
development.
non-conforming nuisance uses in residential
eiwnoc,rmJocis that inhibit investment in low- and moderate-

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Establishments selling alcoholic beverages to be consumed


on the premises, which are located in residential
neighborhoods, are prohibited.
IMPLEMENTATION
PROGRAM: Develop regulations which will eliminate these blighting influences from
residential neighborhoods.
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1151

GOAL:

To sustain high quality of neighborhoods and to protect individual property values


by encouraging proper standards of design, construction and maintenance.

OBJECTIVE:

Improve residential areas to increase the residents' overall quality


of life and property values. Improvements that increase pedestrian
safety, such as sidewalks, are strongly encouraged and may be
required in areas where pedestrian traffic is present.

POLICY 25:

Plan, develop and redevelop


which will encourage
25.1

Upgrade or
sound living
enforcement.
Community
encourage

25.2

space and other


and more livable.
protected from the
and industrial

POLICY26:

to identify vacant land into which


al uses can expand without
residential areas. "Commercial creep"
discouraged.
rezoning applications which locate business and
uses adjacent to compatible uses if they meet
set by the Comprehensive Plan and Zoning
Ordinance.

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Allow the extension of existing commercial districts only if


they meet buffering and other requirements which reduce
blighting influences.
26.4

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Rezoning of individual lots within established residential


neighborhoods for any commercial purpose will be strictly
limited.

PLANNING
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PRINCIPLE: The rezoning of a residential area usually for commercial or office uses on
a continuous basis is called "commercial creep." This process starts with
the rezoning of a single lot from residential to commercial. The next door
neighbor finds that either he doesn't like living next to a commercial
property or that his property loses value as residential property.
Consequently, he obtains a rezoning for his property. This process repeats
itself and commercial uses creep down the street one by one
becomes easier each time because it can be
changing. This process not only disrup~s
also introduces blighting influences
facilities. Industrial uses are
due to noise, traffic and other
In addition, the single most
a home. Consequently, people do'
affects the value of their homes.
property values and .. ~~ . -... ~

POLICY27:

which are slowly


, usually from residential
of adaptive reuse is often used
in neighborhoods to office uses.
which are still viable and stable
~rnoocts are not considered as transitional
disrupted.

residential neighborhoods which have a substantial


of vacant or deteriorated housing units may be
for redevelopment as residential or office uses.

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the entire community by carefully planning the location of


centers and the design ofbusiness establishments.
The desired land use pattern will be produced by limiting the
number and design of shopping centers and business
establishments.

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1153

POLICY 29:

New shopping centers and business establishments will be


located in areas in close proximity to their service
population and will be designed so as to coincide with the
existing architectural features of the area.
29.1

The City of Ridgeland will encourage the location of


neighborhood shopping centers within two
of
residential areas at the intersection
Neighborhood ~hr,nnnn

29.2

29.3

The City of
general
arteri

in any ofthe commercial districts,


or residential districts as home
parks or office districts are encouraged
arterial streets or highways.
use districts (large-scale developments containing a
of office, retail, and residential uses) are
to locate along major arterial streets and the
Interstate highways.
Evaluate existing shopping centers and existing commercial
locations for areas of potential expansion. Make use of the
land use plan in developing new areas of commercial
activity. Develop appropriate commercial districts in the
zoning ordinance.

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29.7

To segregate commercial uses on the Land Use Plan and


the Official Zoning Map by intensity of use. That is

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locating commercial uses based upon potential impacts
(noise, traffic, general appearances characteristics, etc.)
29.8

To require wide (at least 50 feet) side and rear yard buffer
zones or greenspaces of General Commercial and High
Intensity Commercial uses bordering single-family
residential uses or zoning districts (except
districts;
encroachment by structures,
lots
paved
areas into the setbacks should
in these
buffer zones.

29.9

29.10

uses on
other landscaping in

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streets and highways


and design, especially on
esiJgnated as "principal arterial" or
adopted Thoroughfares Plan in
This can be handled through the Zoning
Regulations. One method
encourage shared driveways between
establishments.

Urban activity centers or mixed use districts will be


encouraged to locate at the crossroads of major arterials.

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Strip commercial development will not be allowed to


spread beyond parcels where it already exists in its present
form unless it meets specific buffer and screening requirements.

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PLANNING
PRINCIPLE: As described by zoning authority Fred Bair in Planning Cities, "strip
commercial describes only (commercial) development along the frontages
of a single street, and does not include areas of concentrated business
development such as shopping centers and central business." As business
developments spread out from the business district to areas located along
arterial streets in strips that require frequent curb-cuts, and
leftturn movements on the street, traffic congestion
hazards will occur.

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In an effort to lessen the problems ..


development, strip zoning was
device to contain the hazardous
development along a single
worsened the conditions. In
are also characterized by an
ed parking areas, and vacant
nearby residential properties.
public facilities.

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speed limit is lowered,


widen the street or to build a
is allowed on the by-pass, then
widening or another by-pass.

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strip commercial development can be


..nuvn and remedial action for
. New construction should be limited to shopclusters. Existing strips cannot be removed overnot be allowed to become worse. Therefore, some
regulation at the common boundaries between strip
residential zones is necessary.

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allow a mixture of high quality retail, office development, and


tech commercial and industrial uses on the Highland Colony
Parkway in addition to public/quasi-public uses such as churches
and schools.

GOAL:

To designate adequate and suitable land for the expansion of existing industries
and for the location of new industries.

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OBJECTIVE:

GOAL:

Expansion of industrial areas will be determined based upon future


predictions of industrial activity and the land use plan.

POLICY 34:

Industries will be encouraged first to locate and expand


within existing industrial areas to take advantage of more
cost effective existing infrastructure.

POLICY 35:

The City ofRidgeland will


development in areas a.-.....rnnn

POLICY 36:

Existing zoning
determine the
industrial land

To provide well located sites adequately


and services for new industrial

OBJECTIVE:

To promote new
transportation,

accessibility to

POLICY 37:

be located in areas that can


served by adequate transportation

and industrial establishments that would


a socio-economic standpoint.

GOAL:

expand business and industry in order to diversifY


base, produce needed jobs, and raise wages.
strengthen the existing socio-economic base of the
community through commercial and industrial growth in a
manner compatible with current practices and the land use
plan.
The existing infrastructure system shall be maintained and
enhanced in order to prevent the limiting effects on
economic growth due to infrastructure decay.
POLICY 40:

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To Develop a Capital Improvements Program for the City,


to have a continuous program of regular maintenance and
new construction of the City's infrastructure.

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TRANSPORTATION GOALS
GOAL:

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To provide a network of roadways which allows for the safe and efficient
movement of traffic between locations.

OBJECTIVE:

To design a comprehensive circulation system to serve the


community and its entire region and to integrate faci
and land
use.

OBJECTIVE:

To provide better traffic flow


north-south and east-west

OBJECTIVE:

OBJECTIVE:
and bicycle riders.
prepared.

OBJECTIVE:

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Planning Organization
transportation planning

OBJECTIVE:

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highway, and arterial road noise


by recommending spatial separation of
these elements of the areas's thoroughfares

the right-of-way of new roads before any develop..,...,,;;..uo3. and to begin a continuous program to buy the right for proposed new streets and for streets that need to be

To provide a roadway system capable of accommodating the


accessibility needs of development that occur in the planning area.
To build on and improve existing roadway resources and to
add significant new roads to accommodate expected future
development.

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POLICY 42:

New commercial and industrial development shall be


clustered off arterial streets to lessen traffic congestion.

POLICY 43:

Schools and multi-family complexes will be located with


direct access to arterial streets to lessen traffic congestion.

POLICY 44:

Single- and two-family housing will not


arterial streets, and access onto vv'"'"''"v
discouraged because:

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1) as the number
or arterial, the
also increases;

POLICY 45:

commercial develproposed, so that lot


curb cuts; or to require

POLICY 46:

to locate houses along arterial and


the front yard setback will also be
in lot frontage may be required to
a turnaround so that vehicles will not
out onto arterial or collector streets.
that allows vehicles to back out onto major streets
..,v.uuJ'-'''"" and industrial districts is prohibited, unless
at site plan review by the Mayor and Board of
Aldermen.

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To open new streets, to improve existing streets and to


redesign intersections in order to improve traffic
circulation and street conditions.

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IMPLEMENTATION GOALS
GOAL:

To adopt and use a capital improvements program as a major tool for the
accomplishment of the comprehensive plan.
OBJECTIVE:

A capital improvements program will be based on a community


facilities plan in accordance with Section 17-1-1 of
Code.

POLICY 49:

The capital........,.rn<
planning for
buildings and
GOAL:

To implement the land use plan


and urban renewal activities

OBJECTIVE:

To use the

POLICY 50:

consulted before any


making occurs.
approved after a comparison with the
'"'v.........._., and found to be compatible.
local building policies must be in accordance
the plan.

cumulative or pyramidal form of zoning district structure is


considered by zoning authorities to be antiquated. However, a
limited pyramidal form should be permitted under the following
conditions:

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Single-family homes are allowed in the less restrictive residential


zones.

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51.2

Commercial uses permitted in the transition districts are allowed in


all the less restrictive commercial districts. However, all uses
permitted in the general and regional commercial districts are not
appropriate in the central business district.

51.3

Apartments or townhouses, if carefully integrated and controlled,


can be located in planned commercial districts or in
upper
floors ofbuildings in the central business

is because
any residential use tends to interrupt the
continuity
such that commercial and

51.4

Mixed use districts cmnpo


or of office retail and
are permitted in the

51.5

Detached and semi-ae1:acn


not permitted in co1mn1erc:
have a tendency to be
preserve agricultural
uses and to provide

POLICY 52:

, ... uv"

POLICY 53:

required in order to improve the


ofland uses and other development

will employ flexible zoning administrative


(Variances, special use permits, rezonings, site plan
zones, floating zones, and administrative permits)
., ~... u-n.u .15 standards for these techniques.

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The standards are necessary to permit fair and impartial review and
evaluation of development and to prevent arbitrary and capricious
decisions when these discretionary methods are used. The term
"highest and best use," as appraisers and realtors use the term, is
that which will yield the maximum economic return. This term is
not helpful in development review because highest and best uses
often cause problems if they are located in the wrong places. The
use of standards also attempts to minimize external factors, side
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effects, and spillover costs to other properties and the public at
large.
Use variances are prohibited. Variances are only granted to relieve
hardships involving dimensional requirements.
Guidelines for reviewing rezoning applications must ......j'"'"'~
standards for dealing with spot zonings.
amendment (rezoning) will receive
unless:
The proposal will place
the same category, or in

56.2

There is clear and '"''"n"''"


under the proposed
public interest and not
small group;
all uses permitted
would be appropriate in
(When a new district
'"'~A .....u ......... in the district is
'"'A"'" A'.... requirements, and not merely
intend to make of the property

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and convincing evidence that the character of the


will not be materially and adversely affected by any
in the proposed;

56.6

proposed change is in accord with the comprehensive plan and


sound planning principles;
The Land Use Plan will be used as a general guide to evaluate
rezoning applications. Proposed rezonings may be approved if
they conform to the land use conditions.

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57.1

If the applicant's property falls on or adjacent to a district having


the same zoning classification. The effect would be an extension
of the land use classification.

57.2

If the density of the property conforms to that of the proposed


zoning district.

POLICY 58:

All necessary public facilities are


time of development.

POLICY 59:

The city of Ridgeland uses


purposes. Overlay
which an overlay district
Development within an
the overlay district
compatible with the City
However, nothing cornatl11
ing a change of the lni1Prl't11n,o
district.

ology Committee, comprised of


of the various forms of work-

GOAL:

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a 3-year Strategic Technology Plan, which will


de a coordinated long term approach to rapidly
technologies.
The Strategic Technology Plan shall be reviewed annually.
Each city department must include a technology plan in
their annual budget.

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EXHIBIT III
LEGAL DESCRIPTION

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JIMMY G. GOURAS
" - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC.

- - - - - - - - - -1165
-1

1100 CHERRY ST. P.O. BOX 1547 VICKSBURG, MS 39181-1547 601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net

1\1-- hRVEYOR"S CERTIFICATE

STATE OF MISSISSIPPI
COUNTY OF MADISON
. CITY OF RIDGELAND

~4

I, JAMES W. MILLIS, PROFESSIONAL LAND SURVEYOR, do hereby certify that I have platted
the boundaries of the City of Ridgeland, Madison County, Mississippi, as described in the
judgiTJent of the Chancery Clerk of Madison County, Mississippi, in Civil Action No. __ on the
docket thereof recorded in Minute Book _ at page_ of said Court, and more particularly
described as follows:
BEGINNING at the Southeast corner of Section 33, Township 7 North, Range 2 East, Madison
County, Mississippi, and run thence North along the East line of Section 33, Township 7 North,
Range 2 East, a distance of 1,463 feet to a point; run thence North 54 24' 00" West, to a point on
the North line of the South One Half (S1/2) of Section 33, Township 7 North, Range 2 East; run
thence East along the North line of the South One Half (5112) of Sections 33, 34 and 35,
Township 7 North, Range 2 East the Madison County- Rankin County line; run thence along
the Madison County- Rankin County line in a Northerly direction to the point where the Southerly
line extended of Roses Bluff Subdivision, Part One intersects said Madison County- Rankin
County lines; run thence in a Northwesterly direction along said extension and said Southerly line
of Roses Bluff Subdivision, Part One, to the intersection of said Southerly line with the Northerly
right-of-way of Yacht Club Road; run thence Northwesterly along said Northerly right-of-way of
Yacht Club Road to the intersection of said Northerly right-of-way of Yacht Club Road with the
Northerly right-of-way of Post Road; run thence in Southwesterly direction along said Northerly
rlght-of~way of Post Road to the Southwest comer of Mallard Point Subdivision;. run thence West
to the Westerly right-of~way of the Natchez Trace Parkway; run thence in a Southwesterly
direction along the North right-of-way line of the Natchez Trace Parkway to the East line of
Section 20, Township 7 North, Range 2 East; run thence North along the said East line of Section
20, Township 7 North, Range 2 East to the Northeast corner of the Southeast One Quarter (SE
1/4) of the Southeast One Quarter (SE 1/4) of the Southeast One Quarter (SE 1/4) of Section 20,
Township 7 North, Range 2 East; run thence West one-sixteenth (W 1/16) mile, more or less, to
Brashear Creek; run thence Northwesterly along said Brashear Creek to the intersection with the
North line of the Southeast One Quarter (SE 1/4) of Section 20, Township 7 North, Range 2 Easl;
run thence West to the Southwest corner of the East One Half (1/2) of the West One Half (1/2) of
the Northeast One Quarter (NE 1/4) of Section 20, Township 7 North, Range 2 East; run thence
North, One Quarter (1/4) mile to the South line of the North One Half (N1/2} of the North One Half
(N1/2) or Section 20, Township 7 North, Range 2 East; run thence West, along said line, lo the
intersection with the centerline of U.S. Highway 51; run thence Northeasterly along U.S. Highway
51 for 660.0 feet; run thence North 67 30' 00" West, 1000 feet, more or less, to the centerline of
the Illinois Central Railroad; run thence in a Northeasterly direction, along said centerline, to its
intersection with the West line of Section 17, Township 7 North, Range 2 East: run thence North
along the West line of Section 17, Township 7 North, Range 2 East to the Southwest corner of the
Northwest One Quarter (NW 1/4) of Section 17, Township 7 North, Range 2 East; run thence
West 1 - 3/16 miles, more or less, to the East right-of-way line of Interstate Highway 55; run
thence West to the West right-of-way line of Interstate Highway 55; run thence Northerly along the
West right-of-way line of said Interstate Highway 55 to a point which is 1,520 feet South of the
North section line of Section 13, Township 7 North, Range 1 East; run thence Westerly on a line
which is 1,520 feet South of the North section line of said Section 13, to a point on the West line
of the East One Half (1/2) of the West One Half (112) of said Section 13, which is 1,520 feet South
of the North section line of said Section 13; run thence South along the East boundary line of the
West One Half (1/2) of the West One Half (1/2) of said Section 13 to the South boundary line of
the Northwest One Quarter (NW 1/4) of said Section 13; run thence West along the South
boundary line of the Northwest One Quarter (NW 1/4) of said Section 13 to a point located
2,640.20 feet North of the corner common to Sections 13, 14, 23 and 24, Township 7 North,
Range 1 East, said point being the Southeast corner of Quail Run Subdivision; run the North 89
17' 48" West, along the South line of said subdivision, 1227.25 feet; continue thence along the
boundary of said subdivision as follows: North 2r 14' 57" West, 489.90 feet; South 84 37' 33"

to

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West, 280.70 feet; run thence North 00 05' 00" West, 2231.59 feet to a point on the South rightof-way line of lake Castle Road; run thence West and Southwest along the South right-of-way
line of Lake Castle Road to the East line of Section 15, Township 7 North, Range 1 East; run
thence South along the East line of Section 15, Township 7 North, Range 1 East to the North line
of Section 23, Township 7 North, Range 1 East; run thence South along the West line of Section
23, Township 7 North, Range 1 East to the North line of the South One Half (S 1/2} of Section 23,
Township 7 North, Range 1 East; run thence West along the North line of the South One Half (S
1/2) of Section 22, Township 7 North, Range 1 East to the Northwest corner of the Southeast One
Quarter (SE 1/4) of Section 22; run thence South along the West line of the Southeast One
Quarter (SE 1/4) of Section 22, Township 7 North, Range 1 East to the South line of Section 22;
run thence West along the South line of Section 22, Township 7 North, Range 1 East, to a point
which is 400 feet West of the Northeast corner of the Northwest One Quarter (NW 1/4} of the
Northwest One Quarter (NW 114} of Section 27, Township 7 North, Range 1 East; run thence
South along a line parallel to the East line of the Northwest One Quarter (NW 1/4) of the
Northwest One Quarter (NW 1/4) of said Section 27 to a point an the North right~of-way line of the
Natchez Trace Parkway; run thence in a Northeasterly direction along the said North right-of-way
line to a point on the East line of the West One Half (1/2) of the West One Half (1/2) of Section 27,
Township 7 North, Range 1 East: run thence South along the East line or the West One Half (1/2)
of the West One Half (1/2) of Section 27. Township 7 North, Range 1 East, to the North line of
Section 34, Township 7 North, Range 1 East; run thence East along the North line of Sections 34
and 35, Township 7 North, Range 1 East, to the Northeast corner of said Section 35; run thence
South along the West boundary line of Section 36, Township 7 North, Range 1 East, to a point
which is the Southwest corner of the Northwest One Quarter (NW 1/4) of the Northwest One
Quarter (NW 1/4} of the Northwest One Quarter (NW 1/4) of said Section 36; run thence in an
Easterly direction along a ~ine which is the South line of the North One Half {N1/2) of the North
One Half (N1/2) of the North One Half (N 1/2) of said Section 36 to a point where the said line
intersects the East right-of-way line of Interstate Highway 55; run thence South along the East
right-of-way line of Interstate Highway 55 to the West right-of-way line of U.S. Highway 51; run
thence Southerly and along the West right-of-way line of said U. S. Highway 51 to the intersection
with the line which divides Madison County from Hinds County; run thence Easterly along said line
which divides Madison County from Hinds County 3.5 miles, more or less, to the POINT OF
BEGINNING.
LESS AND EXCEPT the Jackson Yacht Club property consisting of 5.2 acres and described in a
lease agreement recorded in Book 322 at page 442 in the land records of Madison County,
Mississippi in the office of the Chancery Clerk of Madison County.
The above described tract is located in Sections 11, 13, 14, 22 through 27 and 36, Township 7
North, Range 1 East and Sections 18 through 22 and 26 through 35, Township 7 North, Range 2
East, Madison County, Mississippi.

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EXHIBIT IV
MAP

JIMMY G. GOURAS
' - - - - - - - - - - - - - URBAN PLANNING CONSULTANTS, INC.
1100 CHERRY ST.

P.O. BOX 1547

VICKSBURG, MS 39181-1547

-----------....1

601-638-7121 FAX 601-638-5292 Email: jggouras@bellsouth.net


1169

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)

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