i L CERTIFICATION OF ELECTION RESULTS BY COUNTY CLERK To: The County Commission of Christian County, Missouri. The following is an Official Certificate ofElection Results ofthe Municipal Election held in Christian County, Missouri, on April 7,2009. I hereby certify: COUNTY OF CHRISTIAN 911 SALES TAX Shall the County of Christian impose a County sales tax on one-quarter (1/4) of one percent (1%) for the purpose ofproviding central dispatching of fire protection, - emergency ambulance service, including emergency telephone services, and other emergency services in lieu of and to replace the current Nixa 911 and Christian County 911 telephone tarifftax? 4,993 YES VOTES 2,680 NO VOTES (XZbAGEOF-DELXWARE-TOWN OUESTION Shall the following real property located in Christian County, Missouri be incorporated as the Village ofDelaware Town? 8 YES VOTES 38 NO VOTES CERTIFICATION OF ELECTION RESULTS I, Kay Brown, County Clerk/Election Authority of Christian County, Missouri, do hereby certify that the foregoing is a full and accurate return of all votes cast at the above named polling place for all CANDIDATES and FOR and AGAINST all propositions at said election as certified to me by the duly qualified and acting judges of said election. County Clerk/Election Authority Christian County Missouri 3 Election Summary Report Date:04/08/09 CHRISTIAN COUNTY Time:13:13:42 Page:9 of9 MUNICIPAL ELECTION Summary For Jurisdiction Widq All Counters, All Races OFFICIAL RESULTS APRIL 7,2009 Registered Voters 45919 - Cards Cast 7769 16.92% Num. Report Precinct 28 - Num. Reporting 28 100.00% FREMONT HILLS W3 ALDER Total I Number of Precincts 2 Precincts Reporting 2 100.0 % : TotaI Votes 13 19 GENE NELSON 13 100.00%,· Write-in Votes 0 0.00% ' 05 ;' Ve ··£1 3'" .57 A *, v : 1 ·2 4;.11 ·· r..· D " 16·1 it-U« 2"t · h.- ,-1 t. - ' i ,>AU. -· + 2 1. 42'/9. 94' 117' 0-' , 1.2 A. HIGHLANDVILLE MAYOR Total Number of Precincts 2 4 Precincts Reporting 2100.0 % 5 Total Votes 97 CLINT. ELLINGSWORTH 91 93.81%* Write-in Votes 6 6.19% 7 HIGHLANDVILLE WI BOARD Total 11 Number of Precincts . 2 Precincts Reporting 2 100.0 % . Total Votes 51 SHARON GUTLOVICS 51 100.00% 7 Write-in Votes 0 0.00% . " 7- tr. /14.. 1 /» HIGHLANDVILLE W2 BOARD Total Number ofPrecincts 2 Precincts Reporting 2 100.0% 4 Total Votes 17 Write-in Votes - . 17 100.00% i HIGHLANDVILLE QUESTOIN Total ' Number ofPrecincts 2 Precincts Reporting 2 100.0 % P Total Votes 106 YES 39 36.79% NO 67 63.21% .. .7 .1,2 2 - IIi}p,1a2aiM£W2XUfwWESII¤NZEZj - · Total Number of Precincts 2 Precincts Reporting - 2 100.0 96 Total Votes 46 YES 8 17.39% NO 38 82.61% P>Ut..42 4&1·24.lut 133G.,Ll CU L t 34.6424 & /':1- n .L- :A j f g A 46// 4 » 00 \ /1\ 1 « 36* 1 dy /0,3 - 0' JUDGES' INITIALS, 9.. ; OFFICIAL BALLOT . 2, A 4. / C "V 1/GENERAL MUNICIPALELECTION<.4 VOIE BOTH ,<' 4-09 »CHRILAAN.COUNTY, MiSSOURC 0% StbE®OF e.ed) 44? I. «»05>TUIESDAY, APRIL 7, 2009 14?, ,- [1%/.1 c:*:. c //>6 INSTRUCTIONS TO VOTERS . 01»J .019% .Tb vote, daiken inthe oval(stcbmplet@ly next to.your choice(s), like this: 0 D \0 9 \6) .0-,Write-in: To vote for a valid writd-incandidaterwrite the.person'endme on the liheproVided and dark&,tikthe oval. /-'4\ 1/0 / .A - b'j.0 If you are in favor of any question submitted upon this ballot, darken the'oval tothdleft oftheword"YES". -. 467«If you are opposed to any question submitted upon.thisbilliot, darken the,oval to the left of the word "NO".r,\ r{0 _ ]Nou tear, deface, or make a mistake and wrongfuIly mark any ballot, you must return to the election judges and receive ¢new-ballot. 1 , i 4 /11/ D 10 *COUNUOF CHRISTIAN r + NO. R-2 1 TURN BALLOT-2 . , » iPECIAL BOND ELECTION>31; OVE7O VE Olyl , 4 49* 911.SALES TAX · 12*,1 - Shall the Courn¢ of Christian·impose a County I© VILLAGE OF.ix ' 14*for,the purposo of providing'central© 64-10 :: DELAWARE,TOWN; =6 sileslax of 6he:q@ter (1/46f bne-bercent L': >/ 93. ". 4, QUESTION ' 41 disp'dlifijgof fire protection,emergehcy of Christi® Gounty, Missouri„®cur *1 - ' QUESTI947 1 «' 6 ambuldned,slhice, includihg'emergency , Shall Nixa Re*ganize¢S®golpistrict No. R-2 U \7 .4 - h a ,4 te]phone services, and other emergency indebtedness and issue its glineral oblibation ' -« r . Ch 1 1 < *Nices in lieu ofjand toreplace. the current bonds in the amount of $18,500,000*the (137/.. = Nixa 911 and Chridtian County 911'telebhbne purpose bf building a. .: g buildings and facilities and fumishinO and -{2, v 2-1 ,co "" . SENIOR CITIZENS SERVICE FUND equipping.the same? i t. 4 42 I 1 /1 4490}: r If this propodition is approved the adjristed debt.>4 <4' b rQUESTION 9) 1 -49 serOice levy of the District is estimated to < '\- ,4 46 n \N . 11 remain unchanged at$1.0666 per one·hundred .2 2 3 4*v ' Z *Uitz*rE' 'm#3., dollars asse&sed valuatioh of real and personal 64 9,€- -20 i ass*sed;Valuation for the purpose of probiding property. 6 p « 4 - Zf,iv/.1 - \2< '' .i:*v <3 servicesfto pefsons sixty (60) years of age or \. /- rs A. edu) ji olqer in liAl(ind to replace the.cufrent Ihe authorization of said bonds will auhorize nicl the levy.%d collectioii:6 · 6 0 10 A 9\01 4,5 - :*:*YES on all taxable tangible propertyin said School Utch - C) 0 4.4// ./14 /4 1 1 49 0 - ..4 :: D' ... the date thereof. , ·, obr - 146, 4, /84> 049 9/1 4 44.. - 144 6 2 -. c 3 YES o. - Ul '26:07 « Xk:9 fl 443» O NO 4\J P 4542% 0 4/ 95 :/7/ 7\ bf j-lt V --- / 47«25/ » - 14 1,1 j r, Ch, 3 7.'. 7 FRON'I'C,irdOOSEQ#,1 f. '' 4,p,&44. 2I 41> ..7 - 4.·off, 4 1/7/ . 4/<33 0.7-/ 206 Print Address 11,:1* *©-96* g Signature: fNA.6 1 ' 6flt Dak. 44°g .j MAck• U 2 501 cd. C A+090}uu.>odD dr < . MI 4 Nix# 14-6 6 51/9 90* Date: v Print Name 43 Print Address 5. g.08 Age 5-9 Signature: PrintNalne Ara E>\e.VA n.s PrintAddressl#54 N.Delcul}Clrol---0-u)¥\.1201, MIXA,AAD (6114 Age g(& Signature: Car* <*. . 9€UJ'\ ¢ls Date: 9- l %- D Q 60% A Del•»rt- 1,Nud QJ 4 Print Name g Print Addressf),»h ¢110 65*Age ¥F %**e. gk Date: 9-19 -DE 0-2- AJ G.elQ ©C---- -7-bon J PrintName -12.i-« 7062 r;' Print Address rttk, .43 6 Age 463-- 27(10 SignatueU_294% Date: 7- 1 9-53 15-75 6, %40 40·w•Joal C.7- 4 PIArANmne AA-c/£: A /44AA/ pant AddressA!)24 a° 6974 64 Signature: Al#*m Dak. 8 -) 9 - 8<2 l// •15'75 UU 14"90#Wooo *- p-zins JUD NADS*L Panl Addmss g,m,Al 0 40452_ Signature: loin- 14184-1 Date: 819-06 7 0- . 1 1 5Sq e. C-c,4--»804 4. j pridName AW D. -ArL Print Address /1,>A-Ato (f-7/*ev 3< Signature: .../6*1/6 28. 4£i-/ ™s·. Flii LZoor 201 61, 44•Yodbleab CT. J Prbtw= MABL 041/,8 8/204 Print Address Age 5-4 Siwidnre: J 15 Date·. 61 lot PdntName AM€.6- Aus B/Rett Print Address25-02 W . 04.ye./woon (r Age 3-1/ S»=e·. /(30·r,-1-L 010 el.3 2523 6,0. Cawyecurre C• N Print Name C harl-s (Dol ler@ Print Address Age 44 Sign 1508200 Date: 3/'902 V Print Name /Mir:AM Joi\.1001(404 45-2664. 66904#2004 4. ' Print Address,4**4 / Age & ci si 45422./Date: P -/ 7 -0 F *3 3507 6).04/79/tuaw# 0/ Print Name Lulda mi*Q-'j Print Adiress .lI Age LQA siIrt*4 746M Date: 3/5-0 X \ A Print Name 47 51 80 13 Print Address nootu,oed Ob 14,1 24* 93 Signature:/ C Date: 6,g J 1.02 Print Name Print Address Age Signature: I)ate: Print Name Print Address Age Signature: Date: Print Name Print Address Age Signature: I)ate: Print Name Print Address Age Signature: Date: Print Name Print Address Age Signature: Date: Print Name Ptint Address Age Signature: Date: Exhibit A LAND BEING PART OF NORTHWEST QUARTER (NV\PA) OF SECTION 18, TOWNSHIP-27, RANGE-22, ALSO PART OF SOUTHWEST QUARTER (S\AM/4 OF SECTION 7, TOWNSHIP-27, RANGE-22, ALSO PART OF SOUTHEAST QUARTER (SEM) OF SECTION 12, TOWNSHIP-27, RANGE-23, AND ALSO PART OF NORTHWEAST QUARTER (1\lBS) OF SECTION 13, TOWNSHIP-27, RANGE-23 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF (SK) OF SWA OF SAID SECTION 7; THENCE SOUTH ALONG THE EAST LINE OF SAID SK OF SWZ, 1326.90 FEET TO THE NORTHEAST CORNER OF SAID NW'/1 OF SECTION 18; THENCE SOUTH ALONG THE EAST LINE OF SAID NV/4,1389.78 FEET TO A POINT 1290.60 FEET NORTH OF THE SOUTHEAST CORNER OF SAID NWA; THENCE WEST 793.37 FEET TO AN IRON PIN ON THE NORTHERLY RIGHT-OF-WAY LINE OF MISSOURI STATEFUGHWAY"14":THENCE NORTHWEST TO SOUTHWEST ALONG SAID RIGHT-OF-WAY LINE 2361 FEET TO THE EAST LINE OF NEK OF SAID SECTION 13; THENCE NORTH ALONG THE SAID EAST UNE OF NE14 TO THE SOUTHEAST CORNER OF NORTH HALF (NK) OF THE SE14 OF NE14 OF SAID SECTION 13; THENCE WEST ALONG SOUTH LINE OF SAID N14 OF SEM OF NE,4 TO THE SOUTHWEST CORNER OF NK OF SEM OF NER THENCE NORTH ALONG THE WEST LINE OF SAID N14 OF SEM OF NEA TO THE NORTHWEST CORNER OF SAID N14 OF SE34 OF NEW; THENCE EAST ALONG THE NORTH LINE OF SAID NK OF SEM OF NE14 TOANIRON PINONTHE WEST BANK OF THE JAMES RIVER, SAID POINT BEING 917.55 FEET WEST OF THE NORTHEAST CORNER OF SAID NPS OF SEK OF NE?,1; THENCE NORTH ALONG THE SAID WEST BANK APPROXIMATELY 1380 FEET TO THE SOUTH UNE OF SAID SEZ OF SECTION 12; THENCE EAST ALONG THE SOUTH LINE OF SAID SE!4, TO THE EAST BANK OF SAID JAMES RIVER, SAID POINT BEING ONTHE WEST LINE OF TRACT OF LAND RECORDED IN DEED BOOK 398 PAGE 7097; THENCE N 16°46'57" WALONG THEWEST UNE OF SAID TRACT AND ALONG THE SAID EAST BANK OF JAMES RIVER 248.73 FEET TO A TREE CORNER; THENCE N 40°02'27' W ALONG SAID EAST BANK 460.25 FEET TO A TREE CORNER, SAID POINT BEING NORTHWEST CORNER OF A TRACT OF LAND RECORDED IN BOOK 377 PAGE 9399; THENCE N 38°48'36" E 1062.02 FEET TO AN IRON PIN ON THE WESTERLY RIGHT-OF-WAY UNE OF DELAWARE ROAD; THENCE N 53°28'42" E 20.27 FEET TO THE NORTH LINE OF SAID SM OF SWM OF SECTION 7; THENCE S 87°40' E ALONG THE NORTH LINE OF SAID SyS OF SWA, 2734.19 FEET TO THE POINT OF BEGINNING. SAID LAND COMPRISES OF APPROXIMATELY 240 ACRES, WITH THE FOLLOWING SUBDIVISIONS LYING WITHIN SAiD PARCEL; CANYONWOOD AND CANYONWOOD FIRST ADDITION, HUNTER HILLS ESTATES, AND RIVER BEND. ALL IN CHRISTIAN COUNTY, MISSOURI. 3 L KAY BROWN COUNTY CLERK. CHRISTIAN COUNTY PHONE: 417-581-6360 100 W. CHURCH STREET- ROOM206 FAX: 417-581-8331 OZARK, MO 65721 FACSIMILE DATE: 1/16/09 TO: 2 6 4 K klaus I el FROM: SUBJECT: -Delawd,ry- Lfs 94 s kr 32€+B-h,_ MESSAGE: Pages to follow: 1 146682 ; 08-26-08 03:32PM FROIHowther Johnson · 417 866-1752 T-118 P.001/005 F-573 lowther olinson eys at Law UC FACSIMILE Date: August 26: 2008 Number of Pages: 4 (Including Cover Sheet) MEMB#RS THEODORE L JaWNSON,111 To: Christian County Commission F. WLLUAM JOYNER Kay Brown, County Clerk Ciu,G F. LOWTHER MIGHAEL K. CULLY Telecopy No: 417-581-8331 JoHN W. Hot=LEr LISA GHAN BLUMENSrocx From: John W. Housley GREGGORY D. GROVES DAVID A FIELDER RE: Petition to Incorporate Delaware Town Village GLENN P. GREEN THOLMS M. BENSON RANDY J. RE]CHARD ADDITIONAL COMMENTS: ANGELA K. DFUKe LEe J. VIDAEL 1550=ATEE NICOLE D. LUNDSEY T BRITTANY OBRIEN 1 MICHAEL L MUER KORY D. STUBBLEFED MEATHER L ROONEY OFACE ADMINts™ATOR SANIE K. PARB ..41/Ac-Irrol/K.all 'AL!,0 ADICTOO:AFU=- DIRETERAS jkousley@lowtherohnson-com Confidentiality Notice: The documents accompanying this telecopy transmission contain confidential Information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity,named above. If you are not the intended recipient, you are hereby notified 501 S T. Lotm; STR=T that ahy disclosure, copying, distribution, or the taking of any action in reliance on 20™ FLOOR the contents of this telecopied information is strictly prohibited. If you have SPANGMELD. MISSOUTU receixed this telecopy in error, please immediately notify us by telephone to 65806-2592 * arrange for return of the original documents to us. TELEPHONE: (417} 866·7777 Exr 243 FACSIM= 9 (417) 866-1752 :PLEASE NOTIFY IMMEDIATELY IF NOT RECEIVED PROPERLY min w,·Av.lowtherjohnson.com 08-26-08 03:32PM FROM-Lowther Johnson 4i7 866-1752 T-116 P.002/005 F-573 lom,thr- 21 ,6nmion 20peys 61 Law, LLC August 26, 2008 M:Mf THEODORn L JOHNSON, Ill F. WILLIAM Jow=R Christiah County Commission Via Facsimile No. 417-581-8331 CluuG F. LOWn{ER MICHAEL K. CULLY 100 W |Church Street, Room 100 Jo- W- HousLEY Ozark, MO 65721 , LISA GMAN BLUMENWOCK GREGGORY D. GROVES DAvm A. FLE.mER RE: Petition to Incorporate Delaware Town Village GLENN P. GREEN THOMAS M. BENSON RANDY J. REINMARS Dear Cbmmissioners: ANGELA K. DRAKE LIZE J. VIORCL Mou have forwarded to me a Petition to incorporate Delaware Town Village |which was filed wRh the Christian County Clerk on August 25, 2008. Although the 2008 session of the Missouri Legislature amended the provisions of ASSOCIATES Sectior 72.080, RSMo., which sets forth the manner in which individuals may seek to establish a village in a county, that law will not become effective until NICOLE D. L,ms=Y' August| 28,2008. There are no provisions in the amendment of Section 72.080, BATTANA O'BRIEN RSMo.1 which makes it retroactive. Consequently, a Petition to incorporate a M=HAn L MELER KORY D. STUDOU:FIELD village filed with the Christian County Commission on or before August 27,2008, HUnrER L ROONEY must bb processed under the provisions of Section 72.080. RSMo.,in existence on the fiate of the filing of said Petition. Olice AD•naTRATOR The following is offered as a brief analysis of how the Christian County SAMIE K. PAYNE Commission should proceed with respect to the Petition for incorporation of Delaw:tre Town Village. •Ai.oke»TED"KA.Mi LOArrITED-F-•DI By way of background, for many years. the legislature provided a methodology as to how a village could be incorporated under § 80.020. DTRECT EMAIL HoweVer, this statute always provided the County Commission with discretion in Ihoustey@lowtherjohnson.com determining whether the petition to incorporate a village was reasonable. i To eliminate the discretion of the County Commission in approving or denyinb a petition to incorporate a village, the Missouri Legislature in the 2007 session amended § 72.080, RSMo to create an alternative to establishing a 901 ST. Lot,15 STREET villageunder § 80.020, RSMo. The new § 72-080 provides that a village could be 20™FLOOR incorporated whenever the number of voters equaling 15% of the registered SpFUNGF]ELD, Mtssoum voters in the area proposed to be incorporated presents a petition to the County 65206.2592 TELEPHONg: Commpssion to incorporate a village. The petition must meet the following require,ments: (417) 866-7777 Er•243 FACSIMILE: It must describe by metes and bounds the area to be incorporated (417)866-1752 i and be accompanied by a plat thereof: =52 www.lowthirjohnson.com 2. It must state the approximate population and the assessed valuation of all real and personal property in the area; and i i 08-26-08 03:32PM FROM-Lowthsr Johnson 417 866-1752 T-116 P.003/005 F-573 Christian County Commission August 26,2008 . Page 2 3. If the village has at least 100 inhabitants residing in it, it must show how it has the ability to furnish normal municipal services within a reasonable time of its Incorporation. However, the final requirement on the ability to furnish normal municipal services only applies if the area of the proposed village has at least 100 inhabitants. There is no requirement in the statute that a village have 100 inhabitants. If the proposed village area has less than 100 inhabitants, then the third requirement is waived. Petitioners do not need to meet this third requirement. The legislature goes onto define a =village- in § 72.080.1(2) by stating it is: -any small group or assemblage of houses in an unincorporated area, being generally less than in a town or. city, or any small group or assemblage of houses or buildings built for dwelling, business, or both in an unincorporated area, regardless of whether they are situated upon regularly laid out streets or allies dedicated to public use, having no minimum number of registered voters in the area, and without regard to the existence of churches, parks, schools, or commercial establishments in that area, or whether the proposed village is devoted to community purposes." If the petition presented to the County Commission to incorporate a village is in proper form, subsection 2 of § 72.080 states: -The governing body:shall submit the question to the voters if it is satisfied the number of voters signing suph petition is equal to 15% of the registered voters in the area proposed to be annexed: This provision takes away the discretion of the County Commission and requires it to submit the question of whether the village is to be incorporated to the voters in the area described in the. petition as- . 1 i residing within the boundaries of the proposed village. The only preconditIoni or additional requirement to submitting the village incorporation issue to the voters is found in § 72.13D, RSMo, which provides in pettinent part: 'No...village...shall be organized within this state under or by virtue of any law thereof, adjacent to or within two miles of the limits of any city of the first, second, third or fourth classification or any cbnstitutional charter city, unless the village be ina different county from the city..3 This statute requires ithat no village can be incorporated wRhin Christian County if it is within a two-mile radius of any city located within Greene County. If the proposed village at issue is located within two miles of a city, § 7,2.130 requires the petitioners seeking to incorporate the village obtain and present a petition signed by the number of voters equal to 15% of the votes cast in the last gubematorial election In the area proposed to be incorporated to the city's Board of Aldermen. The petitioners must request thht the boundaries of the existing city be extended to include the area proposed to be incorporated as a village. If the city declines to incorporate the proposed area into its city limits or if the Board of Aldermen take no action on the petition for one year after the date a petition is filed, then in that event, the petitioners seeklng to incorporate a village may insist that the County Commission proceed to subinit the question of the incorporation of the specified area as a village to its residents. 08-26-08 03:32PU FROM-Lowther Johnson 417 866-1762 T-116 P.004/005 F-573 Christian County Commission August 26,2008 Page 3 In summary, it will not be until August 28, 2008, when the changes to Sectlon 72.080 will take effed to allow the County Commission to have any discretion as to whether the Village of Delaware Town can be incorporated. Since the Petition was filed on August 25,2008, the County Commission has no discretion on the incdrporate of the village if the County Clerk determines the petitioners meet the statutory requirements fot the filing of their petition and the area is located more than two miles from any city or said ac(jacent city has declined to annex the proposed area. If the Clerk determines the petition satisfies the requirements of Section 72.080, the Incorporation of the Village of Delaware Town should be put on the ballot at the next election, which I presume would be in November 2008. I enclose herein copies of the statutes referenced above for your review. If you have any questions please do not hesitate to contact me. Very truly y943< op*Ep€RISTIAN COUNTY COUNSELOR 1: John#Fli®§12* JWH:jo 23385.000\816403.Coc Page 2 of 3 9114% Page 1 V.A.M.S. 72.080 This document has been updated. Use KEYCITE. VERNON'S ANNOTATED MISSOURI STATUTES TITLE VII. CITIES, TOWNS AND VILLAGES CHAPTER 72. CLASSIFICATION AND CONSOLIDATION OF CITIES, TOWNS AND VILLAGES CLASSIFICATION .72.080. Cities and towns may be incorporated in their respective classes-- exception, certain cities must comply with boundary change Iaw--perpetual succession--action by owners declaring consolida- tion unreasonable 1. Notwithstanding any provision of law to the contrary, and as an alternative to, and not in lieu of, the proced- ure established in section 80.020, RSMo, any unincorporated city, town, village, or other area of the state may, except as otherwise provided in sections 72.400 to 72.420, become a city, town, or village of the class to which its population would entitle it pursuant to this chapter, and be incorporated pursuant to the law for the govern- ment of cities, towns, or villages ofthat class, in the following manner: (1) Wliever a number of voters equal to fifteen percent of the registered voters in the area proposed to be in- corporated shall present a petition to the governing body of the county in which such city, town, village, or area is situated,'8!t- petition shall describe, by metes and bounds, the area to be incorporated and be accompanied by a plat thereof, shall state the approximate population and the assessed valuation of all real and personal property in the area and shall state facts showing that the proposed city, town, or village,@such villag has at least one hundred inhabitants residing in it, shall have the ability to furnish normal municipal URices within a reasonable time after its incorporation is to become effective and praying that the question be submitted to determine if it may be incorporated; (2) The governing body shall submit the question to the voters if it is satisfied the number of voters signing such petition is equal to fifteenTiEkent ofthe registered voters in the area proposed to be incorporated. As used in this section, "village" means any smalI group or assemblage of houses in an unincorporated area, be- ing generally less than in a town or city, or any small group or assemblages of houses or buildings built for dwelling or for business, or both, in an unincorporated area, regardless of whether they are situated upon regu- larly laid out streets or alleys dedicated to public use, having no minimum number of registered voters in the area, and without regard to the existence of churches, parks, schools, or commercial establishments in that area or whether the proposed village is devoted to community purposes. 2. The governing body may make changes in the petition to correct technical errors or to redefine the metes and bounds of the area to be incorporated to reflect other boundary changes occurring within six months prior to the time of filing the petition. Petitions submitted by proposing agents may be submitted with exclusions for the sig- natures collected in areas originally included in the proposal but subsequently annexed or incorporated separ- ately as a city, town or village, although the governing body shaIl be satisfied as to the sufficiency of the signa- tures for the final proposed area. If a majority of the voters voting on the question vote for incorporation, the governing body shall declare such city, town, village, or other area incorporated, designating in such order the metes and bounds thereof, and thenceforth the inhabitants within such bounds shall be a body politic and incor- porate, by the name and style of "the city of .......... ", "the town of .......... ", "the village of .......... ". The first of- © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http:#web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&mt=Missourikv... 8/26/2008 Page 3 of 3 Page 2 V.A.M.S. 72.080 ficers of such city, town, or village shall be designated by the order of the governing body, who shall hold their offices until the next municipal election and until their successors shall be duly elected and qualified. The city, town, or village shall have pen)emal succession, unless disincorporated; may sue and be sued; may plead and be impleaded; may defend and be defended in all courts and in all actions, pleas, and matters whatsoever; may grant, purchase, hold, and receive property, real and personal, within such place and no other, burial grounds and cemeteries excepted; and may lease, sell, and dispose of such properly for the benefit of the city, town, or vil- lage; and may have a common seal, and alter such seal at pleasure. The county @All pay the costs ofthe elec- tion. 3. In any county with a charter form of government where fifty or more cities, towns and villages have been in- corporated, an unincorporated city, town or other area of the state shalI not be incorporated except as provided in sections 72.400 to 72.420. 4. Any unincorporated area with a private eighteen-hole golf course community and with at least a one hundred acre lake located within any county of the first classification with more than eighty-two thousand but less than eighty-two thousand one hundred inhabitants may incorporate as a city of the class to which its population would entitle it pursuant to this chapter notwithstanding any proposed annexation of the unincorporated area by any city of the third or fourth classification or any home rule city with more than four hundred thousand inhabit- ants and located in more than one county. If any city of the third or fourth classification or any home rule city with more than four hundred thousand inhabitants and located in more than one county proposes annexation by ordinance or resolution of any unincorporated area as defined in this subsection, no such annexation shall be- come effective until and only after a majority of the qualified voters in the unincorporated area proposed to be incorporated fail to approve or oppose the proposed incorporation by a majority vote in the election described in subsection 2 ofthis section. 5. Prior to the election described in subsection 2 of this section, if the owner or owners of either the majority of the commercial or the majority of the agricultural classification of real property in the proposed area to be incor- L porated object to such incorpor*}on, such owner or owners may file an action in the circuit court of the county in which such unincorporated area is situated, pursuant to chapter 527, RSMo, praying for a declaratory judg- ment requesting that such incorporation be declared unreasonable by the court. As used in this subsection, a "ma- jority of the commercial or agricultural classification" means a majority as determined by the assessed valuation of the tracts of real property in either classification to be determined by the assessments made according to chapter 137, RSMo. The petition in such action shall state facts showing that such incorporation including the real property owned by the petitioners is not reasonable based on the same criteria as specified in subsection 3 of | section 72.403 and is not necessary to the proper development of the city or town. If the circuit court finds that i such inclusion is not reasonable and necessary, it may enjoin the incorporation or require the petition requesting 2 the incorporation to be resubmitted excluding all or part of the property of the petitioners from the proposed in- corporation. Statutes are current with emergency legislation approved through July 10,2008, of the 2008 Second Reg]ar Session of the 94th General Assembly. Constitution is current through the November 7,2006 General Election. © 2008 Thomson Reuters/West END OF DOCUMENT © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prft=HTMLE&mt=Missourikv... 8/26/2008 Page 2 of 2 90'lblw Page 1 V.A.M.S. 80.020 C VERNON'S ANNOTATED MISSOURI STATUTES TITLE VII. CITIES, TOWNS AND VILLAGES CHAPTER 80. TOWNS AND VILLAGES ORGANIZATION--BOARD OF TRUSTEES 480.020. Towns and villages-how incorporated Whenever two-thirds of the taxable inhabitants of any town or village within this state shall present a petition to the county commission ofthe county, setting forth the metes and bounds of their village and commons, and praying that they may be incorporated under a police established for their local government, and for the preser- vation and regulation of any commons appertaining to such town and village, and the county commission shall be satisfied that two-thirds of the taxable inhabitants of such town or village have signed such petition, and that the prayer of such petition is reasonable, the county commission may declare such town or village incorporated, designating in such order the metes and bounds thereof, and thenceforth the inhabitants within such bounds shall be a body politic and corporate, by the name and style of"The town of ..... " naming it and by that name they and their successors shall be known in law; have perpetual succession, unless disincorporated; sue and be sued; plead and be impleaded; defend and be defended in alt courts and in all actions, pleas and matters whatsoever; may grant, purchase, hold and receive property, real and personal, within such town and no other, burial grounds and cemeteries excepted; and may lease, sell and dispose ofthe same for the benefit ofthe town, and may have a common seal, and alter the same at pleasure. Statutes are current with emergency legislation approved through July 10,2008, ofthe 2008 Second Regular Session of the 94th General Assembly. Constitution is current through the November 7,2006 General Election. © 2008 Thomson Reuters/West END OF DOCUMENT © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http:#web2.westlaw.com/print/printstream.aspx?sv=Split&prfe=HTMLE&mt=Missourikv... 8/26/2008 4. 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Exhibit B 4. 0 .»VT; 9, 3%12#*AL :P -43 3 3* · /77 i *0993(MkLy »'· , or:094 9*5+30 a341 t 9 74/3444/imi tizillillilimffir-ist'/3... r t V 424=610 94- r I Gagi .N e 53 - **4 0,11,4-0.201¥.9 ) '22 794'Q, r, 11 . f 7 , r r :lint,5 :29.# . , nyull . i. *4,15<.FJ'lf 7 49' r -3 €52:- 131 I , 12 2 6 2 h.*7/// 36 [· i, ..,1 . 4 IP i1 9. 2. 1 -375- If 33%4 1, 1, 4'ha 9 4 .4 I trilittilofit,10 apt6-1 Exhibit A LAND BEING PART OF NORTHWEST QUARTER (NWN OF SECTION 18, TOWNSHIP-27, RANGE-22, ALSO PART OF SOUTHWEST QUARTER (SW34) OF SECTION 7, TOWNSHIP-27, RANGE-22, ALSO PART OF SOUTHEAST QUARTER (SEY) OF SECTCON 12, TOWNSHIP-27, RANGE-23, AND ALSO PART OF NORTHV\EAST QUARTER (NEM) OF SECTION 13, TOWNSHIP-27, RANGE-23 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF (SK) OF SW14 OF SAID SECTION 7; THENCE SOUTH ALONG THEEAST UNE OF SAID 8% OF SWM, 1328.90 FEETTO THE NORTHEAST CORNER OF SAID NWA OF SECTION 18; THENCE SOUTH ALONG THE EAST LINE OF SAID NWY, 1389.78 FEET TO A POINT 1290.80 FEET NORTH OF THE SOUTHEAST CORNER OF SAID NWM; THENCE WEST 793.37 FEE TO AN IRON PIN ON THE NORTHERLY RIGHT-OF-WAY LINE OF MISSOURI STATE'RIGHWAY"14"; THENCE NORTHWEST TO SOUTHWEST ALONG SAID RIGHT-OF-WAY LINE 2361 FEET TO THE EAST LINE OF NE14 OF SAID SECTION 13; THENCE NORTH ALONG THE SAID EAST LINE OF NE!4 TO THE SOUTHEAST CORNER OF NORTH HALF (NK) OF THE SEM OF NEK OF SAID SECTION 13; THENCE WEST ALONG SOUTH LINE OF SAID NA OF SEM OF NE14 TO THE SOUTHWEST CORNER OF NK OF SEK OF NEM; THENCE NORTH ALONG THE WEST LINE OF SAID NY OF SEK OF NE34 TO THE NORTHWEST CORNER OF SAID NK OF SEy OF NEM; THENCE EAST ALONG THE NORTH L[NEOF SAID N14 OF SEMOF let TO AN IRON PIN ON THE WEST BANK OF THE JAMES RIVER, SAID POINT BEING 917.55 FEET WEST OF THE NORTHEAST CORNER OF SAID 1414 OF SEA OF NEV; THENCE NORTH ALONG THE SAID WEST BANK APPROXIMATELY 1380 FEET TO THE SOUTH LINE OF SAID SEM OF SECTION 12; THENCE EAST ALONG THE SOUTH UNE OF SAID SEM, TO THE EAST BANK OF SAID JAMES RIVER, SAID POINT BEING ONTHE WEST LINE OF TRACT OF LAND RECORDED IN DEED BOOK 398 PAGE 7097; THENCE N 16'46'57" W ALONG THE WEST UNE OF SAID TRACT AND ALONG THE SAID EAST BANK OF JAMES RIVER 248.73 FEET TO A TREE CORNER; THENCE N 40'02'27" WALONG SAID EAST BANK 460.25 FEET TO A TREE CORNER, SAID POINT BEING NORTHWEST CORNER OF A TRACT OF LAND RECORDED IN BOOK 377 PAGE 9399; THENCE N 38°48'36" E 1062.02 FEET TO AN IRON PIN ON THE WESTERLY RIGHT-OF-WAY UNE OF DELAWARE ROAD; THENCE N 53'28'42" E 20.27 FEET TO THE NORTH LINE OF SAID SK OF SV\81 OF SECTION 7; THENCE S 87°40' E ALONG THE NORTH LINE OF SAID S34 OF SWM, 2734.19 FEETTO THE POINT OF BEGINNING. SAID LAND COMPRISES OF APPROXIMATELY 240 ACRES, WITH THE FOLLOWING SUBDIVISIONS LYING WITHIN SAID PARCEL; CANYONWOOD AND CANYONWOOD FIRST ADDITION, HUNTER HILLS ESTATES, AND RIVER BEND. ALL IN CHRISTIAN COUNTY, MISSOURI. KAY BROWN 0./1 OF CHRISTIAN COUNTY 100 W. CHURCH ROOM 206 OZARK, MO 65721 Phone: 581-6360 Fax: 581-8331 August 28,2008 I, Kay Brown, Christian County Clerk, do hereby certify on this 28th day of August 2008 that a Petition for Incorporation ofDelaware Town Village (Section 72.080 Revised Statutes ofMissouri) was submitted to my office on August·2518,2008. The petition consists of 18 signatures of the property owners that live within the legal description ofthe metes and bounds set forth in the petition. All of the signatures represent 18 active registered voters a:nd are qualified to sign this petition. This petition was hand deliered by Judy Hadsall a property owner in the described development. - g Ad\A-r-> A 044- Ka Brbwn. Christian County Clerk e 4 65714-0000 65714-0000 65807-0000 65714-7214 65714-0000 65714-0000 65714-0000 65714-0000 65714-0000 65765-0000 65714-0000 0000-+LZ99 0000-1·299 0000-1.€999 0000-17LZ99 0000-D,1.Z99 ELGE-93399 0000-VAL99 0000-L£999 0000-*LZ99 0000-*LZ.99 000 0 000 00 00000 0 0 co 00000 ME 55= Ja 55 Na a $ a M a =55;1 UJ LL CD) LILI Ul §§ %§§%14 %§§§ /§§* a §§§ §§ O Z Z CO Z zzz ZZ ZZ O Z Z U) ZOZZZ 1 1- 0 E 1- M 1- H Of Z 0 1- 0 00 ZZ CC 0 m O 1- R o R R Cl 0 0 111 00 01- 0 0 O ZOO 1- 1- 1- 0 LU 2 @83 LU LU 0 U.10 Z Ill Z 05 5 0 UJ e 2 z of Q: H O 0 UJ CO LLI Z 9 < 02 00 55 M B 50 CD g LLI LU 0 0 co e 0 0 O 520 X Co LU O 0 00 25 95* 00 00 00 Co 10 Ah 01 ZZ m O ZZ < 0- 0 N 01 N N h h 0- A CO N % ¤0 10 CN LCD Lf) O w h OE M M g LO 10 1- to r- W 0 2 ul !& CD i= 0 W !3 z .0 Of J .6 z E M < M < 05 9 2 00 OZILI 2 M 9 3 2! 05 .5 Q m mi 05*mooII- E< i 2% 13 32 %19 0,43% 0820-J I K 0 4 2 W °5 m ul z tu z j < 0 1- 2 B PROPERTY NOTIFICATION 12/8/2008 00= -' 4= CD« 9 2 0 U.1 . c ££ ASSESSOR 1 £ ui w &-4 *_ i 5< HE 2 #Z i &! 21 h o- %3 Sz -1 3 z- 9 .WOJO< W < < il co r' 25 9 W Au 04 An: 22 >-co U j j -1 a J 6 -1 0 CO r, - e -1 3 9 2 922 ISM 12 8 2 5 42 9 22 * E@ &% Ma or Wd Ute & Et < -1 2 0 o. at*m J u. ma. 2 J< ·B rnO 1- Mt=co .oo Ra coo *O 2 00 * 2 g 10-0.4-18-0- 10-0.3-7-0-0 0-0-E L-90-6 10-0.3-7-0-0 10-0.3-7-0-0 -0-9 L-40-0X 0-0-L-£-0-0 L 0-0-EL-9-0-6 0-0-L-£-0-0 L 65754-0000 65714-0000 65714-0000 65714-0000 65714-0000 00000-0000 65714-0000 65714-0000 65714-0000 65714-0000 65714-0000 0000+LZ99 0000-€0899 0000-99299 0000-41·499 0000-*LZ99 0000-00000 6968-171.299 0000-171·299 0000-*LZ99 0000+LZ99 ,-O 00 000 0 0 0 0000 0 0 000 000 00 M LU f% %§ §§§ E#§ §§§§ @% §§ §§§ §§ OZ CO Z Z Z Z M Z Z zZZZ 0 1- ZZ-, zzz ZZ 2 Z 0 Il ULI > Lu h M << 0- u, 1 ZOZ Z ZZ 060< 2 OO *DRO < N §2 §2 O cd -- 111 - € 006 Z-05 I I >35 -1 O LU M M - 1 & I 5 , z O W O O E m m _,ZE kz X o: Lu I 0 Q 4 11.1 O O LUM< OZ D J 00 -1 -7-105 > d 0)G) I e I H *21 %41 H 00 m O 0 O 0 O 0 9 9 9 r K K 8 10 0 0 f % OZ Z CO e 05