MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Municipalities

By: Representative Woods

AN ACT TO AMEND SECTION 17-1-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN MUNICIPALITIES TO COMPENSATE MEMBERS OF THE LOCAL PLANNING COMMISSION FOR THEIR SERVICES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 17-1-11, Mississippi Code of 1972, is amended as follows:

17-1-11. (1) (a) The governing authority of each municipality and county may provide for the preparation, adoption, amendment, extension and carrying out of a comprehensive plan for the purpose of bringing about coordinated physical development in accordance with present and future needs and may create, independently or jointly, a local planning commission to serve without pay, unless otherwise authorized under subsection (4) of this section. The local planning commission shall have the authority to prepare and propose: (a) a comprehensive plan of physical development of the municipality or county; (b) a proposed zoning ordinance and map; (c) regulations governing subdivisions of land; (d) building or set back lines on streets, roads and highways; and (e) recommendations to the governing authorities of each municipality or county with regard to the enforcement of and amendments to the comprehensive plan, zoning ordinance, subdivision regulations and capital improvements program.

(b) The definition of "comprehensive plan" set forth in paragraph (c) of Section 17-1-1 shall not be construed to affect, or to require the amendment of, any plan adopted by a county or municipality prior to July 1, 1988, which plan does not specifically conform to the minimum elements of a comprehensive plan required in such definition.

(2) The governing authority of each municipality and county may adopt, amend and enforce the comprehensive plan, zoning ordinance, subdivision regulations and capital improvements program as recommended by the local planning commission after a public hearing thereon as provided by Section 17-1-15.

(3) In the performance of its duties, the local planning commission may cooperate with, contract with, or accept funds from federal, state or local agencies or private individuals or corporations and may expend such funds and carry out such cooperative undertakings and contracts.

(4) Notwithstanding the provisions of subsection (1) of this section, in counties having a population of more than one hundred thousand (100,000) according to the federal census of 1950, the board of supervisors may pay to each member of a planning commission as compensation for his services the sum of One Thousand Two Hundred Dollars ($1,200.00) per year, payable monthly at the end of each calendar month; and the governing authorities of any municipality which has a population in excess of twenty-nine thousand (29,000) according to the 1980 federal census and which is located in a county bordering on the Gulf of Mexico and the State of Alabama may pay to each member of a zoning or adjustment board as compensation for his services the sum of Six Hundred Dollars ($600.00) per year, payable monthly at the end of each calendar month. The governing authorities of any municipality located on Highway 6 wherein is located an institution of higher learning may pay to each member of a planning commission for his services the sum of Six Hundred Dollars ($600.00) per year, payable at the end of each fiscal year. The governing authorities of any municipality having a population of more than three thousand five hundred (3,500) according to the 1990 federal census which is traversed by United States Highway 78 and which is situated in a county bordering on the State of Tennessee and the State of Arkansas, in its discretion, may pay to each member of the local planning commission compensation for his services in an amount and at such intervals established by the municipal governing authorities.

SECTION 2. This act shall take effect and be in force from and after its passage.