City of Philadelphia, In re, 40758

• Decision Date: 27 January 1958
• Docket Number: No. 40758,40758
• Citation: 232 Miss. 582,100 So.2d 100
• Parties: Matter of the Extension of the Boundaries of CITY OF PHILADELPHIA, Mississippi, W. R. Burkes, et al.
• Court: Mississippi Supreme Court

Page 100

100 So.2d 100

232 Miss. 582

Matter of the Extension of the Boundaries of CITY OF

PHILADELPHIA, Mississippi, W. R. Burkes, et al.

No. 40758.

Supreme Court of Mississippi.

Jan. 27, 1958.

Laurel G. Weir, W. T. Weir, Philadelphia, for appellant.

Sanford & Alford, Philadelphia, for appellees.

LEE, Justice.

The Mayor and Board of Aldermen of the City of Philadelphia, Mississippi, at a regular meeting on October 2, 1956, acting under the authority of the provisions of Chapter 491, Laws of 1950, Section 3374-10, et seq., Code of 1942 Recomp., adopted an ordinance extending the corporate limits of the city so as to add 1360 acres of land thereto. The ordinance enumerated the municipal or public services to be furnished immediately to the added territory, and the improvements to be made therein within a reasonable time, not to exceed five years. Thereafter, in compliance with the ordinance, and, as provided by the law, a petition, together with a copy of the ordinance and a plat of the area, was filed in the Chancery Court of Neshoba County, for ratification, approval and confirmation by the court. The date of the hearing was fixed by the chancellor and due notice thereof was given.

On the return day three sets of objectors, John H. Lundy et al., W. R. Burkes et al., and A. DeWeese Lumber Company, Inc., filed their objections to the confirmation. The first two named sets of objectors challenged the financial ability of the city to furnish the benefits stated in the ordinance. They alleged that the ordinance was neither reasonable nor feasible, and averred that the proposed services were not needed or demanded in such territory. The third objector, owning approximately 30 acres in the added area, contended that such area was sparsely settled, that there was no need for the construction of additional streets therein, that ample police protection was afforded by the county, and that some of its land was unfit for residential, business or industrial development.

After the disposition of demurrers and other preliminary matters, on the merits a mass of evidence, both oral and documentary, was adduced for and against the ratification.

The ultimate effect of the evidence for the City was that it is now in position to provide reasonable police and fire protection, removal of garbage, maintenance of existing streets, school facilities, water, sprinkling of streets during dry weather, city electricity, and improvement of health and sanitary conditions. Actually most of the children in the added territory already attend the city schools, and the inhabitants now get their water and electricity from the city. The evidence was further to the effect that the city, within three to five years, would be able to grade and drain existing streets; and, where necessary and economically feasible, construct streets, water lines, sewage disposal lines, and provide street lights. This evidence included a survey and maps, prepared by an engineer, giving in detail the proposed improvements and the design and location thereof. The estimated cost of the sewer disposal lines was $171,651.15. The proof also showed that there were 317 residences and 42 industrial establishments in the area to be added, and that much of the territory was thickly settled.

Ray Gipson, a certified public accountant, made an audit of the records of the City for the year 1956, and testified that the last completed assessment of realty, personalty, and public service corporations aggregated $4,429,143. At the date of the trial, based on ten percent of the assessed valuation, the city could issue additional bonds in the amount of $140,914, but within five years, the permitted amount would increase to $241,714. On a fifteen percent debt limitation, bonds in the amount of $362,371 could be issued at the time, and within five years the permitted amount would increase to $463,171.

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