1997 Regular Session
By: Representatives Horne, Short, Peranich, Formby
House Bill 209
AN ACT TO AMEND SECTIONS 21-1-27, 21-1-29, 21-1-61, 21-33-1 AND 21-33-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MUNICIPALITY IS PROHIBITED FROM LEVYING AND COLLECTING TAXES IN NEWLY ANNEXED AREAS UNTIL AFTER THE MUNICIPALITY HAS BEGUN TO PROVIDE THE SERVICES TO THE ANNEXED AREA WHICH ARE LISTED IN THE ORDINANCE THAT THE MUNICIPALITY IS REQUIRED TO PASS; 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. The limits and boundaries of existing cities, towns and villages shall remain as now established until altered in the manner hereinafter provided. When any municipality shall desire to enlarge or contract the 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 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. In the event the municipality desires to enlarge such boundaries, such ordinance shall in general terms describe the proposed improvements to be made in the annexed territory, the manner and extent of such improvements, and the approximate time within which such improvements are to be made; such ordinance shall also contain a statement of the municipal or public services which such municipality proposes to render in such annexed territory. The ordinance shall also state that the municipality will not levy or collect taxes within the territory proposed to be annexed until after those services that the municipality proposed to render in the ordinance have begun to be provided. In the event the municipality shall desire to contract its boundaries, such ordinance shall contain a statement of the reasons for such contraction and a statement showing whereby the public convenience and necessity would be served thereby.
SECTION 2. Section 21-1-29, Mississippi Code of 1972, is amended as follows:
21-1-29. When any such ordinance shall be passed by the municipal authorities, such municipal authorities shall file a petition in the chancery court of the county in which such 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 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. The petition shall also state that the municipality will not levy or collect taxes within the territory proposed to be annexed until after those services that the municipality proposed to render in the ordinance have begun to be provided. There shall be attached to such 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 contraction becomes effective.
SECTION 3. Section 21-1-61, Mississippi Code of 1972, is amended as follows:
21-1-61. In all cases where a municipality is created * * * under the provisions of this chapter, the property included within the municipal boundaries by such creation * * * shall become liable for and subject to municipal ad valorem taxation on the tax lien date next succeeding the effective date of the decree creating * * * such municipality. In all cases where the limits of an existing municipality are enlarged through annexation of an adjoining territory under the provisions of this chapter, the property included within the municipal boundaries by the enlargement will not become liable for and subject to municipal ad valorem taxation until after the services which the municipality proposed to provide in the ordinance have begun to be provided.
SECTION 4. Section 21-33-1, Mississippi Code of 1972, is amended as follows:
21-33-1. Except as provided in Section 21-1-61, all lands and other taxable property subject to assessment, held by any person within the municipality, or in added territory, on the first day of January, shall be assessed, and ad valorem taxes thereon levied and collected for the ensuing year, excepting motor vehicles as defined by the "Motor Vehicle Ad Valorem Tax Law of 1958," Sections 27-51-1 through 27-51-49, Mississippi Code of 1972.
SECTION 5. Section 21-33-21, Mississippi Code of 1972, is amended as follows:
21-33-21. After the services that the municipality proposed to render in the ordinance have begun to be provided within the added territory as required under Section 21-1-61, the assessor shall, in the same manner and at the same time as municipal assessments are made, make an assessment of all taxable property in any added territory, and make the same a part of the assessment roll of the municipal separate school district.
SECTION 6. This act shall take effect and be in force from and after July 1, 1997.