1998 Regular Session
By: Senator(s) Burton
Senate Bill 2093
AN ACT TO AMEND SECTION 21-1-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MUNICIPALITIES WITH A POPULATION OF 10,000 OR MORE ACCORDING TO THE LATEST FEDERAL DECENNIAL CENSUS TO ADOPT AN ORDINANCE CONDITIONALLY EXPANDING ITS BOUNDARIES; TO PROVIDE THAT THE ORDINANCE SHALL CONTAIN A STATEMENT OF THE MUNICIPAL OR PUBLIC SERVICES THAT THE MUNICIPALITY RENDERS IN THE MUNICIPALITY BUT WILL NOT RENDER IN THE ANNEXED TERRITORY; TO PROVIDE THAT TERRITORY THAT IS ANNEXED PURSUANT TO SUCH ORDINANCE SHALL BE CONSIDERED A PORTION OF THE MUNICIPALITY FOR ALL PURPOSES BUT SHALL PAY AD VALOREM TAXES ONLY IN THE AMOUNT NECESSARY TO PAY FOR THOSE MUNICIPAL OR PUBLIC SERVICES THAT THE MUNICIPALITY PROVIDES IN THE ANNEXED AREAS; TO AMEND SECTION 21-33-45, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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 section.
(2) 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. 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.
(3) A municipality with a population of ten thousand (10,000) or more according to the latest federal decennial census that desires to expand its boundaries may, as an alternative to the ordinance provided for in subsection (1) of this section, adopt an ordinance conditionally expanding its boundaries. Such ordinance shall define with certainty the territory proposed to be conditionally included within the corporate limits and also defining the entire boundary as changed. The 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. The ordinance shall also contain a statement of the municipal or public services which such municipality proposes to render in the annexed territory and a statement of the municipal or public services which such municipality renders in municipality but will not render in the annexed territory. Territory annexed as a result of an ordinance adopted pursuant to this section shall be considered a part of the municipality for all purposes but shall pay ad valorem taxes only in the amount necessary to pay for those municipal or public services that the municipality provides in the annexed territory.
SECTION 2. Section 21-33-45, Mississippi Code of 1972, is amended as follows:
21-33-45. (1) The governing authorities of each municipality of this state shall, either at their regular meeting in September of each year or not later than ten (10) days after the final approval of the assessment rolls, levy the municipal ad valorem taxes for the fiscal year next succeeding, and shall, by resolution, fix the tax rate or levy for the municipality, for any territory that was annexed pursuant to Section 21-1-27(3) and for any other taxing districts of which the municipality may be a part. The rates or levies for the municipality, for any such territory that was annexed pursuant to Section 21-1-27(3) or for any such taxing district shall be expressed in mills or a decimal fraction of a mill, which tax rates, or levies, shall determine the ad valorem taxes to be collected upon each dollar of valuation upon the assessment rolls of the municipality for municipal taxes, to be collected upon each dollar of valuation upon the assessment rolls of the municipality for any territory that was annexed pursuant to Section 21-1-27(3), and to be collected upon each dollar of valuation as shown upon the assessment rolls of the municipality for each such taxing district, except as to such values as may be exempt, in whole or in part, from certain tax rates or levies. If the rates or levies for the municipality, territory annexed pursuant to Section 21-1-27(3) or taxing district are an increase from the previous fiscal year, then the proposed rate or levy increase shall be advertised in accordance with Sections 27-39-203 and 27-39-205.
In making the levy of taxes, the governing authorities shall specify in such resolution the levy for each purpose as follows:
(a) For general revenue purposes and for general improvements, as authorized by Section 27-39-307.
(b) For school purposes, including all maintenance levies, whether made against the property within such municipality, or within any taxing district embraced in such municipality, as authorized by Section 27-39-307 and Section 37-57-3 et seq.
(c) For municipal bonds and interest thereon, for school bonds and interest thereon, separately for municipal-wide bonds and for the bonds of each school district.
(d) For municipal-wide bonds and interest thereon, other than for school bonds.
(e) For loans, notes or any other obligation, and the interest thereon, if permitted by law.
(f) For special improvement or special benefit levies, as now authorized by law.
(g) For any other purpose for which a levy is lawfully made. If any municipal-wide levy is made for any general or special purpose under the provisions of any law other than Section 27-39-307 each such levy shall be separately stated in the resolution, and the law authorizing same shall be expressly stated therein.
If the governing authorities of any municipality shall not levy the municipal taxes and the district taxes at its regular September meeting, such governing authorities shall levy the same at an adjourned or special meeting not later than ten (10) days after the final approval of the assessment rolls. However, that if such levy be not made on or before September 15 then road and bridge privilege tax license plates may be issued by the tax collector or State Tax Commission, as the case may be, for motor vehicles as defined in the Motor Vehicle Ad Valorem Tax Law of 1958 (Section 27-51-1 et seq.), without collecting or requiring proof of payment of municipal ad valorem taxes until such levy is duly certified to him, and for twenty-four (24) hours thereafter.
In the case of a municipality operating under a special or private charter providing for or authorizing the assessment, levying and collection of ad valorem taxes prior to October in each year, ad valorem taxes for such municipality shall be levied at the time prescribed or authorized by such special or private charter, unless the governing authority of such municipality by resolution adopted and spread of record in its minutes elect to levy ad valorem taxes at the time prescribed hereinbefore in this section. In any event, however, all ad valorem taxes levied by any municipality in this state shall be levied in the manner required herein regardless of the time when such taxes are levied.
(2) The tax rate or levy on property in territory annexed pursuant to Section 21-1-27(3) shall be in an amount calculated to pay only for those municipal or public services that the municipality provides in such territory.
SECTION 3. This act shall take effect and be in force from and after July 1, 1998.