1999 Regular Session
To: Municipalities; County Affairs
By: Representative Shows
House Bill 1059
AN ACT TO REQUIRE THE APPROVAL OF THE BOARD OF SUPERVISORS OF THE COUNTY IN WHICH A MUNICIPALITY IS LOCATED BEFORE THE EXTENSION OF THE CORPORATE LIMITS OF ANY MUNICIPALITY; TO REQUIRE A PETITION REQUESTING AN ANNEXATION TO BE SUBMITTED BY A MAJORITY OF THE FREEHOLDERS WITHIN THE MUNICIPALITY BEFORE AN ELECTION SHALL BE HELD; TO REQUIRE CERTIFICATION OF THE PETITION SIGNATURES; TO REQUIRE NOTICE OF THE ELECTION TO BE PUBLISHED; TO PRESCRIBE PROCEDURES FOR CONDUCTING THE ELECTION; TO PROVIDE FOR THE CERTIFICATION AND PUBLICATION OF THE RESULTS OF THE ELECTION; TO REQUIRE THE FILING OF NOTICE OF THE DESCRIPTION OF THE MUNICIPALITY'S NEW BOUNDARIES WITH THE SECRETARY OF STATE; TO REPEAL SECTIONS 21-1-27 THROUGH 21-1-39, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES; TO AMEND SECTION 21-1-41, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The governing authorities of any municipality may extend the corporate limits of the municipality in the manner set forth in this act.
SECTION 2. To effect any such extension, a petition shall first be submitted to the board of supervisors of the county in which the municipality is located by a majority of the freeholders within the municipality, accompanied by an adequate description of the territory to be annexed, praying that an election be ordered to see if the territory shall be included in the municipality.
SECTION 3. If the board of supervisors shall find that the petition filed under Section 2 of this act has been signed by a majority of the freeholders of the municipality, it may certify that fact to the county election commissioners of the county in which the municipality is situated. The territory shall not be annexed until certification is made by the board of supervisors and an election is held in accordance with this act. If certified, the county election commissioners shall order an election to be held within the corporate limits of the municipality and within the territory proposed to be annexed to such municipality, on the same date, on the question of extension of the corporate limits of the municipality by annexation of the territory proposed to be annexed.
SECTION 4. The county election commissioners shall give at least ten (10) days' notice before the date set for the election by notice signed by the county election commissioners and posted in three (3) conspicuous places within the corporate limits of the municipality and also three (3) conspicuous places within the territory proposed to be annexed to the municipality and by similar notice published ten (10) days before the time set for such election in a newspaper of general circulation within the corporate limits of the municipality and within the territory proposed to be annexed to the municipality.
SECTION 5. The election ordered shall be a special election and not a municipal election and shall be held, regulated and conducted in accordance with the laws governing elections in this state, except as otherwise provided in this act. Registered qualified electors residing within the corporate limits of the municipality and registered qualified electors residing within the territory proposed to be annexed to the municipality shall have the same qualifications to vote in the election as are required of registered qualified electors to vote in state and county general elections. At the election the registered qualified electors residing within the corporate limits of the municipality shall vote at the usual voting precincts of the municipality in boxes provided for that purpose, and the registered qualified electors residing within the territory proposed to be annexed to the named municipality shall vote in a separate box or boxes to be provided for that purpose within the territory proposed to be annexed and in a precinct or precincts to be designated in the territory by the county election commissioners.
SECTION 6. The votes cast in the election within the corporate limits of the municipality and the votes cast within the territory proposed to be annexed to the named municipality shall be counted separately and the results of the election declared separately. The county election commissioners shall certify the results of the election to the governing body of the municipality. If a majority of the votes cast by the qualified electors of the municipality and of the territory proposed to be annexed, each aggregated separately, shall each be in favor of the annexation or if neither gives a majority against the annexation, then the governing body shall publish the result of the election and declare the annexed territory a part of the municipality.
SECTION 7. Any municipality increasing its territory shall file a notice with the Secretary of State describing its new boundaries. The notice shall include a written description of the boundary, along with a map or plat which clearly defines the new territory added.
SECTION 8. Section 21-1-41, Mississippi Code of 1972, is amended as follows:
21-1-41. In all cases where the limits of a municipality are enlarged * * * the municipal authorities shall furnish to the chancery clerk a map or plat of the boundaries of the municipality as altered. Such map or plat shall be recorded in the official plat book of the county.
SECTION 9. Sections 21-1-27, 21-1-29, 21-1-31, 21-1-33, 21-1-35, 21-1-37 and 21-1-39, Mississippi Code of 1972, which relate to the extension or contraction of corporate boundaries, are repealed.
SECTION 10. 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 11. 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.