Bill Text: MS SB2198 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Municipal annexation; must include certain number of persons residing in the area to be annexed.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2016-04-18 - Approved by Governor [SB2198 Detail]

Download: Mississippi-2016-SB2198-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: County Affairs

By: Senator(s) Polk, Hudson, Fillingane

Senate Bill 2198

AN ACT TO PROVIDE THAT THE GOVERNING AUTHORITIES OF A MUNICIPALITY SHALL CEDE CONTROL OVER ZONING, SUBDIVISION OR ALCOHOL REGULATIONS TO THE BOARD OF SUPERVISORS OF THE COUNTY IN WHICH THE TERRITORY TO BE ANNEXED IS LOCATED IF A CERTAIN NUMBER OF PEOPLE RESIDING IN THE TERRITORY ARE NOT INCLUDED IN THE PROPOSED ANNEXATION; TO AMEND SECTIONS 21-1-27 AND 21-1-33, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 21-1-27, Mississippi Code of 1972, is amended as follows:

     21-1-27.  (1)  For the purposes of this section, "census block" refers to certain geographic areas as designated by the most recent decennial United States Census preceding any annexation under this section.

     (2)  The limits and boundaries of existing cities, towns and villages shall remain as now established until altered in the manner * * *hereinafter provided in this chapter.

     (3)  When any municipality * * *shall desire desires to enlarge * * *or contract the its boundaries * * *thereof by adding * * *thereto adjacent unincorporated territory * * *or excluding therefrom any part of the incorporated territory of such municipality, the governing authorities of * * *such the municipality shall pass an ordinance:

          (a)  Defining with certainty the territory proposed to be included in * * *or excluded from the corporate limits * * *,and also;

          (b)  Defining the entire boundary as changed * * *.  In the event the municipality desires to enlarge such boundaries, such ordinance shall in general terms described;

          (c)  Describing the proposed improvements to be made in the annexed territory, the manner and extent of * * *such those improvements, and the approximate time within which * * * such those improvements are to be made; * * *such ordinance shall also contain a statement of

          (d)  Stating the municipal or public serviceswhich such * * * that the municipality proposes to render in * * *such the annexed territory * * *.; and

          (e)  (i)  Certifying that more than fifty percent (50%) of the people who reside in the unincorporated area of the census block within which the territory proposed to be annexed is located shall be included in the proposed annexation; or

              (ii)  If fifty percent (50%) or fewer people who reside in the unincorporated area of the census block within which the territory proposed to be annexed is located, certifying that upon approval of the annexation, the municipality shall cede any authority to provide zoning, subdivision and alcohol regulation to the board of supervisors of the county in which the territory is located.

     (4) * * *In the event the  When any municipality * * * shall desires to contract its boundaries by excluding any part of its incorporated territory, the governing authorities of the municipality shall pass an ordinance that defines with certainty the territory proposed to be excluded from the corporate limits and defines the entire boundary as changed. * * *such  The ordinance also shall contain a statement of the reasons for * * *such the contraction and a statement showing whereby the public convenience and necessity would be served * * *thereby by the contraction.

     SECTION 2.  Section 21-1-33, Mississippi Code of 1972, is amended as follows:

     21-1-33.  (1)  If the chancellor finds from the evidence presented at * * *such the hearing that the proposed enlargement or contraction is reasonable and is required by the public convenience and necessity and, in the event of an enlargement of a municipality, that reasonable public and municipal services will be rendered in the annexed territory within a reasonable time and that the governing authority of the municipality complied with the provisions of Section 21-1-27(3), the chancellor shall enter a decree approving, ratifying and confirming the proposed enlargement or contraction, and describing the boundaries of the municipality as altered.  In so doing the chancellor shall have the right and the power to modify the proposed enlargement or contraction by decreasing the territory to be included in or excluded from * * *such the municipality, as the case may be.

     (2)  If the chancellor shall find from the evidence that the proposed enlargement or contraction, as the case may be, is unreasonable and is not required by the public convenience and necessity, or in the event of an enlargement of a municipality, that the governing authority of the municipality failed to comply with the provisions of Section 21-1-27(3), then he shall enter a decree denying * * *such the enlargement or contraction.

     (3)  In any event, the decree of the chancellor shall become effective after the passage of ten (10) days from the date thereof or, in event an appeal is taken therefrom, within ten (10) days from the final determination of * * *such the appeal.  In any proceeding under this section the burden shall be upon the municipal authorities to show that the proposed enlargement or contraction is reasonable.

     SECTION 3.  Any action on an ordinance proposing the enlargement of municipal boundaries that is pending before a court on the effective date of this act as a result of any prior law shall be withdrawn, and the governing authorities of any municipality may only annex unincorporated territory in the manner permitted in this chapter.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2016.

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