2005 Regular Session
By: Representative Hamilton (109th), Staples, Turner
AN ACT TO AMEND SECTION 21-1-27, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF MUNICIPAL FUNDS IN PROCEEDINGS CONCERNING MUNICIPAL ANNEXATION; TO AMEND SECTIONS 21-1-35 AND 21-1-37, 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. The limits and boundaries of existing cities, towns and villages shall remain as now established until altered in the manner * * * provided in this section. When any municipality * * * desires to enlarge or contract its boundaries * * * by adding to its boundaries adjacent unincorporated territory or excluding from its boundaries 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 its boundaries, the ordinance shall in general terms describe the proposed improvements to be made in the annexed territory, the manner and extent of the improvements, and the approximate time within which the improvements are to be made; the ordinance also shall * * * contain a statement of the municipal or public services which the municipality proposes to render in the annexed territory. However, municipal funds shall not be used in any proceedings to enlarge the boundaries of the municipality. If the municipality * * * desires to contract its boundaries, the ordinance shall contain a statement of the reasons for the contraction and a statement showing how the public convenience and necessity would be served by the contraction.
SECTION 2. 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 objection is made, the costs may be taxed in a manner as 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 3. 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 the contraction of the municipal boundaries, then the municipality or other person may prosecute an appeal from 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 4. 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 provision of the Voting Rights Act of 1965, as amended and extended.
SECTION 5. 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.