2010 Regular Session
To: Ways and Means
By: Representative Watson
AN ACT TO BRING FORWARD SECTIONS 17-27-1 THROUGH 17-27-11, MISSISSIPPI CODE OF 1972, WHICH ARE THE MUNICIPAL HISTORICAL HAMLET ACT, FOR THE PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-27-1, Mississippi Code of 1972, is brought forward as follows:
17-27-1. This chapter shall be known as the "Municipal Historical Hamlet Act," and it shall serve the purpose of having historical small communities organize community activities that will positively influence the infrastructure of such communities.
SECTION 2. Section 17-27-3, Mississippi Code of 1972, is brought forward as follows:
17-27-3. The Legislature finds the following:
(a) Population growth as well as development in historical communities result in new and increased demands for public facilities and services that promote the public peace, health, safety, and general welfare;
(b) The residents and property owners in these communities should have reasonable methods available so they can provide these public facilities and services; and
(c) The ability of residents and property owners in historical communities to propose the establishment of municipal historical hamlets is a method to fulfill the demands for these much needed public facilities and services.
SECTION 3. Section 17-27-5, Mississippi Code of 1972, is brought forward as follows:
17-27-5. (1) For purposes of this chapter, the term "municipal historical hamlet" means any former city, town or village with a current population of less than six hundred (600) inhabitants that lost its charter before 1945.
(2) After the creation of a municipal historical hamlet, as prescribed in Sections 17-27-7 through 17-27-11, the powers of such historical hamlet shall be as follows:
(a) To designate the county seat of government located at a county courthouse within the jurisdiction where the hamlet is located as the municipal historical hamlet meeting place;
(b) To be recognized for historical districts within a municipal historical hamlet; and
(c) To work with a planning and development district in promoting economic, community and human resources within a municipal historical hamlet and to apply for any type of grant to improve the infrastructure of such hamlet, including any small municipalities grant programs authorized, such as in Sections 21-17-1 and 21-27-23.
(3) Taxes or fees shall not be imposed by or against any municipal historical hamlet for any general or special purpose.
(4) A municipal historical hamlet shall not be considered as one (1) of the classes of municipal corporations which are prescribed in Section 21-1-1 but shall be considered an unincorporated area zoned for consideration of issues affecting the designated community through any application or process recognizing the area specifically within any county or counties.
SECTION 4. Section 17-27-7, Mississippi Code of 1972, is brought forward as follows:
17-27-7. Any inhabitant or inhabitants of any former city, town or village that meets the criteria of a municipal historical hamlet, as defined in Section 17-27-5, and desires to create a municipal historical hamlet, any inhabitant or inhabitants shall prepare a petition and file such petition with the chancery clerk of the county in which such proposed historical hamlet is located or, if the proposed municipal historical hamlet is located in more than one (1) county, the chancery clerk of both counties. The petition shall meet the following requirements:
(a) It shall accurately reference the territory proposed to be a municipal historical hamlet as the former municipal corporation and the date on which that charter was suspended, with the last date of such suspension being before 1945;
(b) It shall set forth the name of the hamlet which is desired;
(c) It shall set forth the number of inhabitants of such territory as per the most recent decennial census; and
(d) It shall be sworn to by one or more of the petitioners and placed on file in the land records of the chancery clerk.
SECTION 5. Section 17-27-9, Mississippi Code of 1972, is brought forward as follows:
17-27-9. (1) After the filing of the petition for the creation of a municipal historical hamlet, as prescribed in Section 17-27-7, a certified copy of the petition shall be delivered to the president of the board of supervisors in the county or counties where the hamlet is located and shall be spread upon the minutes for recognition as a hamlet, and at that time the existence of the historical hamlet shall become effective.
(2) No municipal historical hamlet shall be recognized that lies, in whole or in part, in any incorporated area and shall not be considered a municipal corporation under Section 21-1-1 in order to defeat or defend against the inclusion within the boundaries of any municipal corporation.
SECTION 6. Section 17-27-11, Mississippi Code of 1972, is brought forward as follows:
17-27-11. The name of a created municipal historical hamlet shall either be "The Municipal Historical Hamlet of _____________," "The Hamlet of _____________" or "The Historical Hamlet of ____________." The blank shall be filled in with the name by which such hamlet has been legally designated and shall be placed in the records of the Secretary of State.
SECTION 7. This act shall take effect and be in force from and after July 1, 2010.