Bill Text: MS HB1575 | 2013 | Regular Session | Introduced
Bill Title: Municipal annexation; require election on question for resident qualified electors of territory to be annexed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB1575 Detail]
Download: Mississippi-2013-HB1575-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Apportionment and Elections
By: Representative Dixon
House Bill 1575
AN ACT TO AMEND SECTION 21-1-27, MISSISSIPPI CODE OF 1972, TO REQUIRE AN ELECTION ON THE QUESTION OF MUNICIPAL ANNEXATION IN THE TERRITORY PROPOSED TO BE ANNEXED BY A MUNICIPALITY; TO PROVIDE THAT A MUNICIPALITY SHALL NOT ENLARGE ITS BOUNDARIES MORE THAN ONE FOURTH OF A MILE OUTSIDE OF THE MUNICIPAL CORPORATE LIMITS OF THE MUNICIPALITY AS SUCH BOUNDARIES EXIST ON THE DATE THE MUNICIPALITY PASSES THE ORDINANCE PROPOSING TO ENLARGE ITS BOUNDARIES; TO PROVIDE THAT IN ORDER FOR A MUNICIPALITY TO ANNEX AN AREA, SUCH AREA MUST HAVE A MINIMUM POPULATION OF AT LEAST FIVE HUNDRED PEOPLE PER SQUARE MILE ON THE DATE THAT THE MUNICIPALITY PASSES THE ORDINANCE PROPOSING TO ANNEX THE AREA; TO REQUIRE AN ELECTION TO BE HELD ON THE QUESTION OF THE PROPOSED ANNEXATION WITHIN 60 DAYS AFTER THE ORDINANCE THAT PROPOSES ANNEXATION IS PASSED BY A MUNICIPALITY; TO PROVIDE THAT IF 60% OF THE QUALIFIED ELECTORS VOTING IN THE ELECTION VOTE IN FAVOR OF THE ORDINANCE TO ANNEX, THEN THE ORDINANCE IS APPROVED; TO PROVIDE THAT IF LESS THAN 60% OF THE QUALIFIED ELECTORS VOTING IN THE ELECTION VOTE IN FAVOR OF THE ORDINANCE, THE ORDINANCE IS NOT APPROVED; TO PROVIDE THAT AN ORDINANCE ENLARGING THE TERRITORY OF A MUNICIPALITY SHALL BE VOID IF WITHIN NINETY DAYS AFTER THE ORDINANCE BECOMES EFFECTIVE, THE MUNICIPALITY HAS NOT PROVIDED THE PUBLIC SERVICES STATED IN THE MUNICIPAL ORDINANCE FOR ANNEXATION OR WITHIN TWELVE MONTHS AFTER THE ORDINANCE BECOMES EFFECTIVE, THE MUNICIPALITY HAS NOT MADE THE PROPOSED IMPROVEMENTS THAT WERE STATED IN THE MUNICIPAL ORDINANCE FOR ANNEXATION; TO AMEND SECTIONS 21-1-29, 21-1-31, 21-1-33, 21-1-35, 21-1-37, 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. 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 * * * provided in this chapter.
When any municipality * * * desires
to enlarge or contract * * * theits boundaries thereof by adding * * *
adjacent unincorporated
territory to its boundaries or excluding therefrom any part of the incorporated
territory of * * * the municipality, the governing
authorities of * * * 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. * * * If the municipality desires
to enlarge * * * the
boundaries, * * * the
ordinance shall in general terms describe the proposed improvements to be made
in the annexed territory, list the reasons that the municipality desires to
enlarge its corporate limits, the manner and extent of * * *
the improvements * * *; * * * the ordinance shall also contain a
statement of the municipal or public services * * * that * * * the municipality proposes to render
in * * * the
annexed territory. A municipality shall not enlarge its boundaries more
than one-fourth (1/4) of a mile outside of the municipal corporate limits of
the municipality as such boundaries exist on the date the municipality passes
the ordinance proposing to enlarge its boundaries. In addition, in order for a
municipality to annex an area, such area shall have a minimum population of at
least five hundred (500) people per square mile on the date that the
municipality passes the ordinance proposing to annex the area. A copy of the
ordinance shall be mailed to each residential and commercial address in the
territory proposed to be included in the municipality's corporate limits. * * *
If the
municipality * * * desires to contract its
boundaries, * * * the
ordinance shall contain a statement of the reasons for * * * the contraction and a statement
showing whereby the public convenience and necessity would be served * * *
by the contraction.
(2) An election shall be held on the question of the proposed annexation within sixty (60) days after the ordinance that proposes annexation is passed by the municipality and only the qualified electors who are residents of the proposed annexed territory may vote. 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, except that only the qualified electors who are residents of the proposed annexed territory may vote in the election. If sixty percent (60%) of the qualified electors who live in the proposed annexed territory voting in the election vote in favor of the ordinance to annex, then the ordinance is approved. If less than sixty percent (60%) of the qualified electors who live in the proposed annexed territory voting in the election vote in favor of the ordinance, the ordinance is not approved. If approved in the election, the ordinance becomes effective ten (10) days after the date of the final determination of the results of the election, or on the date that is specified in the ordinance. If the ordinance is not approved in the election, 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.
(3) The ordinance enlarging the territory of the municipality shall be void if:
(a) Within ninety (90) days after the ordinance becomes effective, the municipality has not provided the public services stated in the municipal ordinance for annexation; or
(b) Within twelve (12) months after the ordinance becomes effective, the municipality has not made the proposed improvements that were stated in the municipal ordinance for annexation.
SECTION 2. Section 21-1-29, Mississippi Code of 1972, is amended as follows:
21-1-29. When any * * *
ordinance * * *
proposing to contract
the municipal boundaries is passed by the municipal authorities, * * *
the municipal authorities
shall file a petition in the chancery court of the county in which * * *
the municipality is located * * *. The petition shall recite the fact of the
adoption of * * * the
ordinance and shall pray that the * * *, contraction of the municipal
boundaries * * * be ratified, approved and confirmed by the
court. There shall be attached to * * * the petition, as exhibits * * *, a certified copy of the
ordinance adopted by the municipal authorities and a map or plat of the municipal
boundaries as they will exist * * * if the
contraction becomes effective.
SECTION 3. Section 21-1-31, Mississippi Code of 1972, is amended as follows:
21-1-31. Upon the filing of * * *
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 * * *
the petition will be
held, and notice * * * 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 * * *.
All parties interested in, affected by, or being aggrieved by * * * the
contraction shall have the right to appear at such hearing and present their
objection to * * * the contraction. * * *
SECTION 4. Section 21-1-33, Mississippi Code of 1972, is amended as follows:
21-1-33. If the chancellor
finds from the evidence presented at * * * the
hearing that the proposed * * * contraction is reasonable and is
required by the public convenience and necessity * * * the chancellor shall enter a
decree approving, ratifying and confirming the proposed * * *
contraction, and
describing the boundaries of the municipality as altered. In so doing,
the chancellor * * * has the right and the power to modify the proposed * * * contraction by decreasing
the territory to be * * * excluded from * * * the municipality * * *. If the chancellor shall
find from the evidence that the * * * contraction * * * is unreasonable and is
not required by the public convenience and necessity, then he shall enter a
decree denying * * * the contraction. In any event, the decree of the
chancellor shall become effective after the passage of ten (10) days from the
date * * * of
the decree or, * * * if an appeal is taken therefrom, within ten (10)
days from the final determination of * * * the appeal. In any proceeding under
this section the burden shall be upon the municipal authorities to show that
the proposed * * * contraction is reasonable.
SECTION 5. Section 21-1-35, Mississippi Code of 1972, is amended as follows:
21-1-35. * * *
If no objection
is made to the petition for the * * * contraction of the municipal
boundaries, the municipality shall be taxed with all costs of the proceedings. * * *
If the
objection is made, * * * the
costs may be taxed in * * * the
manner * * *
the chancellor shall determine to be equitable pursuant to the Mississippi
Rules of Civil Procedure. * * * 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 * * * is affirmed, and against the appellee
if the judgment * * * is
reversed.
SECTION 6. 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 * * * is
aggrieved by the decree of the chancellor regarding contraction of the
municipal boundaries, then * * * the municipality or other person
may prosecute an appeal * * * therefromfrom 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 7. Section 21-1-39, Mississippi Code of 1972, is amended as follows:
21-1-39. (1)
Whenever the corporate limits of any municipality * * * are contracted, as
herein provided, the chancery clerk shall forward, after the expiration
of ten (10) days from the date of * * * the decree if no appeal be taken
therefrom, * * * to
the Secretary of State a certified copy of * * * the decree, which shall be filed in
the office of the Secretary of State and shall remain a permanent record
thereof. * * * If an appeal * * * is taken from * * * the decree and * * *
the decree is affirmed,
then the certified copy * * * thereofof 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 * * * the affirmance.
(2) Whenever the corporate limits of any municipality are enlarged as provided in Section 21-1-27, 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 8. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 9. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.
