Bill Text: MS SB2909 | 2020 | Regular Session | Enrolled
Bill Title: Jackson County; authorize to expand or merge existing lighting districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-06-29 - Approved by Governor [SB2909 Detail]
Download: Mississippi-2020-SB2909-Enrolled.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Local and Private
By: Senator(s) Seymour
Senate Bill 2909
(As Sent to Governor)
AN ACT TO AMEND CHAPTER 871, LOCAL AND PRIVATE LAWS OF 1991, AS AMENDED BY CHAPTER 856, LOCAL AND PRIVATE LAWS OF 1992, WHICH AUTHORIZES THE GOVERNING AUTHORITIES OF JACKSON COUNTY, MISSISSIPPI, TO ESTABLISH LIGHTING DISTRICTS, TO PROVIDE FOR THE EXPANSION OR MERGER OF EXISTING LIGHTING DISTRICTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Chapter 871, Local and Private Laws of 1991, as amended by Chapter 856, Local and Private Laws of 1992, is amended as follows:
Section 1. Any contiguous area situated within Jackson County, and not being situated within the corporate boundaries of any existing municipality and having no adequate lighting, may become incorporated as a lighting district in the matter set forth in the following sections.
Section 2. A petition for the incorporation of such district may be submitted to the Board of Supervisors of Jackson County, signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. Such petition shall include:
(a) A statement of the necessity for the lighting to be supplied by the proposed district;
(b) The proposed corporate name for the district;
(c) The proposed boundaries of the district; and
(d) An estimate of the cost of construction and operation of the lighting.
Such petition shall be signed in person by the petitioners, with their respective residence addresses, and shall be accompanied by a sworn statement of the person or persons circulating the petition, who shall state under oath that he or they witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of his or their knowledge, each petitioner was at the time of signing an owner of real property within, and a resident of, the proposed district. No individual tract of land containing one hundred sixty (160) acres or more shall be included in any such district unless the owner or owners of such tract gives his or their written consent for the inclusion of his or their lands in such district.
Section 3. * * * No such district may be created until after
the board of supervisors holds a public hearing at which all the property
owners of the proposed district have an opportunity to be heard concerning the
proposed district. Notice of the public hearing shall be published in a newspaper
having general circulation in the county where the proposed district is located
once at least ten (10) days before the public hearing.
Section 4. When any
district is created, the board of supervisors may appoint a board of
commissioners consisting of three (3) members who are * * * owners
of real property within, and residents of, the district whose terms shall
run concurrently with the board of supervisors. In lieu of appointing a board
of commissioners, the Board of Supervisors of Jackson County may serve as the
board of commissioners of the district.
Section 5. Any area adjacent to any district created pursuant to this act and situated within Jackson County, and not being situated within the corporate boundaries of any existing municipality or other existing lighting district, may be annexed to and become part of such district by the same procedure as prescribed in Section 1 of this act for the original creation of such district, except that the signatures obtained must be from owners of real property within, and residents of, the area proposed for annexation. The written approval of the board of commissioners of the existing lighting district must be submitted to the board of supervisors with the petition. No such annexation may occur until after the board of supervisors holds a public hearing at which all the property owners of the district and proposed annexed area have an opportunity to be heard concerning the proposed annexation. Notice of such public hearing shall be published in a newspaper having general circulation in the county where the proposed annexation is located once at least ten (10) days before the public hearing.
Section 6. Any two (2) or more lighting districts which are adjacent or share a common boundary may petition the board of supervisors to become one (1) single-lighting district upon a majority vote of the boards of commissioners. A petition for the merger of such districts may be submitted to the board of supervisors and shall include the proposed corporate name for the merged district and the proposed boundaries of the merged district. No such merger may occur until after the board of supervisors holds a public hearing at which all the property owners of the lighting districts have an opportunity to be heard concerning the proposed merged district. Notice of such public hearing shall be published in a newspaper having general circulation in the county where the proposed merged district is located once at least ten (10) days before such public hearing.
The board of supervisors shall appoint a board of commissioners for the merged lighting district consisting of three (3) members who are owners of real property within, and residents of, the district whose terms shall run concurrently with the board of supervisors. In lieu of appointing a board of commissioners, the board of supervisors may serve as the board of commissioners of the district.
Section 7. The Board of Supervisors of Jackson County may, in its discretion, assess and levy adequate millage to cover actual costs of construction and maintenance of lighting within the duly incorporated lighting districts. All tax revenues shall be deposited in a special fund of the county, and all expenditures of the district shall be approved by the board of supervisors prior to payment.
Section 8. The abolition, dissolution or termination of any lighting district shall be accomplished only by unanimous resolution of the board of commissioners.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.
