Bill Text: MS SB2428 | 2014 | Regular Session | Introduced

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Bill Title: Municipal annexation; require approval by majority of electors in area to be annexed and in certain adjoining areas.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-02-04 - Died In Committee [SB2428 Detail]

Download: Mississippi-2014-SB2428-Introduced.html

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MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Municipalities

By: Senator(s) Polk

Senate Bill 2428

AN ACT TO CREATE SECTION 21-1-28, MISSISSIPPI CODE OF 1972, TO REQUIRE AN ELECTION ON THE QUESTION OF MUNICIPAL ANNEXATION IN THE TERRITORY PROPOSED TO BE ANNEXED AND IN CERTAIN ADJOINING TERRITORY; TO REQUIRE THE GOVERNING AUTHORITIES OF THE MUNICIPALITY TO ANNEX THE PROPOSED TERRITORY AND THE UNINCORPORATED AREAS OF BOTH THE CENSUS BLOCK WHERE THE TERRITORY IS LOCATED AND ANY CENSUS BLOCK ADJOINING THAT TERRITORY IF APPROVED BY A MAJORITY VOTE OF QUALIFIED ELECTORS; TO AMEND SECTIONS 21-1-27, 21-1-29, 21-1-31, 21-1-33, 21-1-35, 21-1-37 AND 21-1-39, MISSISSIPPI CODE OF 1972, TO REMOVE THE QUESTION OF MUNICIPAL ANNEXATION FROM THE CHANCERY COURT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 21-1-28, Mississippi Code of 1972:

     21-1-28.  (1)  For the purposes of this section, these terms are defined as follows:

          (a)  "Census blocks" shall be defined by the most recent decennial United States Census.

          (b)  "Qualified electors" means the people who reside in an unincorporated area of:

               (i)  The census block within which the territory proposed to be annexed is located; and

               (ii)  Any census block adjoining the territory proposed to be annexed.

     (2)  Within sixty (60) days after public notice of the adoption of the annexation ordinance, the board of supervisors of the county or counties in which the territory proposed to be annexed is located shall hold an election allowing qualified electors to vote on the question of the proposed annexation.

     (3)  Notice of the election shall be published in a newspaper having a general circulation in the territory proposed to be annexed once a week for three (3) consecutive weeks before the election date, and the first publication shall be made not less than twenty-one (21) days before the election date.  The election shall be held in the same manner as are other county elections.

     (4)  (a)  If more than fifty percent (50%) of the qualified electors approve the ordinance, the governing authorities of the municipality shall annex the proposed territory and the unincorporated areas of both the census block where that territory is located and any census block adjoining that territory.  Additionally, the ordinance becomes effective ten (10) days after the date of the final determination of the results of the election or on a later date that is specified in the ordinance.

          (b)  If more than fifty percent (50%) of the qualified electors vote against the ordinance, the governing authorities of the municipality shall not annex the proposed territory.  Additionally, the municipality may not adopt another ordinance proposing the annexation of any of the same territory for a period of five (5) years from the date of the election.

     SECTION 2.  Section 21-1-27, Mississippi Code of 1972, is amended as follows:

     21-1-27.  (1)  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.

     (2)  When any municipality * * *shall 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 defining with certainty the territory proposed to be included in * * *or excluded from the corporate limits, * * *and also defining the entire boundary as changed, and specifying the date on which it proposes to hold an election on the question of the proposed annexation. * * *In the event the municipality desires to enlarge such boundaries  Additionally, * * * such the ordinance shall in general terms describe 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.  The ordinance shall also contain a statement of the municipal or public services * * *which such that the municipality proposes to render in * * *such the annexed territory.  An ordinance to annex territory shall not become effective until approved by an election as provided in Section 21-1-28.

      * * *In the event the (3)  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 3.  Section 21-1-29, Mississippi Code of 1972, is amended as follows:

     21-1-29.  When any * * *such ordinance * * * shall be proposing to contract the municipal boundaries is passed by the municipal authorities, * * * such the municipal authorities shall file a petition in the chancery court of the county in which * * * such the municipality is located * * *; however, when a municipality wishes to annex or extend its boundaries across and into an adjoining county such municipal authorities shall file a petition in the chancery court of the county in which such territory is located.  The petition shall recite the fact of the adoption of * * * such the ordinance and shall pray that the * * * enlargement or contraction of the municipal boundaries * * *, as the case may be, shall be ratified, approved and confirmed by the court.  There shall be attached to * * * such the petition, as exhibits * * * thereto, a certified copy of the ordinance adopted by the municipal authorities and a map or plat of the municipal boundaries as they will exist * * * in event such enlargement or if the contraction becomes effective.

     SECTION 4.  Section 21-1-31, Mississippi Code of 1972, is amended as follows:

     21-1-31.  Upon the filing of * * * such the petition and upon application therefor by the petitioner, the chancellor shall fix a date certain, either in term time or in vacation, when a hearing on * * * said the petition will be held, and notice * * * thereof of the hearing shall be given in the same manner and for the same length of time as is provided in Section 21-1-15 with regard to the creation of municipal corporations * * *, and.  All parties interested in, affected by, or being aggrieved by * * * said the proposed * * * enlargement or contraction. * * * shall have the right to appear at such hearing and present their objection to such proposed enlargement or contraction.  However, in all cases of the enlargement of municipalities where any of the territory proposed to be incorporated is located within three miles of another existing municipality, then such other existing municipality shall be made a party defendant to said petition and shall be served with process in the manner provided by law, which process shall be served at least thirty days prior to the date set for the hearing.

     SECTION 5.  Section 21-1-33, Mississippi Code of 1972, is amended as follows:

     21-1-33.  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, 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 has 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.  If the chancellor * * * shall finds 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, then he shall enter a decree denying * * * such enlargement or the contraction.  In any event, the decree of the chancellor * * * shall becomes effective after the passage of ten (10) days from the date * * * thereof of the decree or, * * * in event if 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 must be upon the municipal authorities to show that the proposed * * * enlargement or contraction is reasonable.

     SECTION 6.  Section 21-1-35, Mississippi Code of 1972, is amended as follows:

     21-1-35. * * *  In the event  If no objection is made to the petition for the * * * enlargement or contraction of the municipal boundaries, the municipality shall be taxed with all costs of the proceedings. * * *  In the event  If objection is made, * * * such the costs may be taxed in * * * such a manner * * * as that the chancellor * * * shall determines to be equitable * * * pursuant to under the Mississippi Rules of Civil Procedure. * * *  In the event of  If there is an appeal from the judgment of the chancellor, the costs incurred in the appeal shall be taxed against the appellant if the judgment * * * be is affirmed, and against the appellee if the judgment * * * be is reversed.

     SECTION 7.  Section 21-1-37, Mississippi Code of 1972, is amended as follows:

     21-1-37.  If the municipality or any other interested person who was a party to the proceedings in the chancery court * * * be is aggrieved by the decree of the chancellor regarding contraction of the municipal boundaries, then * * * such the municipality or other person may prosecute an appeal * * * therefrom from the chancellor's decree within the time and in the manner and with like effect as is provided in Section 21-1-21 in the case of appeals from the decree of the chancellor with regard to the creation of a municipal corporation.

     SECTION 8.  Section 21-1-39, Mississippi Code of 1972, is amended as follows:

     21-1-39.  (1)  Whenever the corporate limits of any municipality * * * shall be enlarged or are contracted, as herein provided, the chancery clerk * * * shall, after the expiration of ten (10) days from the date of * * * such the decree if * * * no an appeal * * * be is not taken therefrom, shall forward to the Secretary of State a certified copy of * * * such the decree, which shall be filed in the Office of the Secretary of State and shall remain a permanent record thereof. * * *  In the event  If an appeal * * * be is taken from * * * such the decree and * * * such the decree is affirmed, then the certified copy * * * thereof of the decree shall be forwarded to the Secretary of State within ten (10) days after receipt of the mandate from the Supreme Court notifying the clerk of * * * such the affirmance.

     (2)  Whenever the corporate limits of any municipality are enlarged as provided in Sections 21-1-27 and 21-1-28, the governing body of the municipality, after the annexation ordinance has become effective, shall forward to the Secretary of State a certified copy of the ordinance, which shall be filed in the Office of the Secretary of State and shall remain a permanent record thereof.

     SECTION 9.  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 an election as provided in Sections 21-1-27 and 21-1-28 shall be held.

     SECTION 10.  This act shall take effect and be in force from and after July 1, 2014.

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