House Bill 1739

AN ACT TO PROVIDE AN ALTERNATIVE MECHANISM FOR ANNEXATION FOR ANY CITY WITHIN DESOTO COUNTY, MISSISSIPPI, THAT SEEKS TO ANNEX ANY PORTION OF THE COUNTY; TO PROVIDE CERTAIN DEFINITIONS; TO REQUIRE THAT THE GOVERNING AUTHORITIES OF A CITY PASS AN ORDINANCE DEFINING WHICH UNINCORPORATED TERRITORY OF THE COUNTY THAT IS SUBJECT TO ANNEXATION; TO PROVIDE THAT BEFORE ANNEXATION MAY OCCUR, A CITY MUST PROVIDE CERTAIN NOTICE OF THE ANNEXATION; TO PROVIDE AN INDIRECT REFERENDUM FOR THOSE WHO ARE SUBJECT TO THE ANNEXATION; TO PROVIDE AN APPEALS PROCESS FOR AN ANNEXATION; AND FOR RELATED PURPOSES.

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

SECTION 1. As used under this act, the following words shall have the meanings subscribed to them in this act unless otherwise clearly indicated by the context in which they are used:

(a) "City" means any city in DeSoto County, Mississippi.

(b) "County" means DeSoto County, Mississippi.

SECTION 2. (1) Notwithstanding the provisions of Sections 21-1-27 through 21-1-41, Mississippi Code of 1972, when a city desires to enlarge its boundaries by adding to its boundaries adjacent unincorporated territory, the governing authorities of a city shall pass an ordinance defining with certainty the territory proposed to be included in 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 the improvements, and the approximate time within which such improvements are to be made. The ordinance shall also contain a statement of the city or public services that the city proposes to render in the annexed territory.

(2) (a) Before the city may annex a portion of the county as authorized under this act, the governing authorities of the city shall adopt a resolution declaring its intention to annex a portion of the county. Notice of the proposed annexation shall be published once each week for at least three (3) consecutive weeks in a newspaper published or having a general circulation in the county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed in the resolution at which the governing authorities of the city propose to annex a proportion of the county and the last publication shall be made not more than seven (7) days prior to such date. If within the time of giving notice, twenty percent (20%) or two thousand (2000), whichever is less, of the qualified electors in the area proposed to be annexed in the county shall file a written petition against the annexation then such annexation shall not occur unless authorized by a majority of the qualified electors of voters who are in the area of the proposed annexation vote in favor of the annexation at an election called and held for that purpose.

(b) Where an election is to be called as provided under paragraph (a) of this subsection, notice of such election shall be signed by the clerk of the governing body of any municipality and shall be published once a week for at least three (3) consecutive weeks, in at least one (1) newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such county. The election provided for in this paragraph (a) shall be held, as far as is practicable, in the same manner as other elections are held in municipalities. At such election, all qualified electors within the area of the proposed annexation may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed annexation and the words "FOR THE ANNEXATION" and "AGAINST THE ANNEXATION" and the voter shall vote by placing a cross (x) or check mark (ü) opposite his choice on the proposition.

SECTION 3. If the governing authorities of the city appeal the decision of the voters to the chancery court, the chancellor shall fix a date certain, either in term time or in vacation, when a hearing on the election results defeating the proposed annexation will be held, and notice thereof shall be given in the same manner and for the same length of time as is provided in Section 21-1-15, Mississippi Code of 1972, with regard to the creation of municipal corporations, and all parties interested in, affected by, or being aggrieved by the proposed enlargement shall have the right to appear at such hearing and present their objection to such proposed enlargement. The governing authorities shall be required to pay all attorney's fees and all costs involved with the hearing.

SECTION 4. (1) If the chancellor finds from the evidence including, but not limited to, the results of any election held under Section 2 of this act presented at the hearing that the proposed enlargement is reasonable and is required by the public convenience and necessity and, in the event of an enlargement of a city, that reasonable public and city services will be rendered in the annexed territory within a reasonable time and that the governing authorities of the city complied with the provisions of Section 21-1-27, Mississippi Code of 1972, the chancellor~~shall~~ may enter a decree approving, ratifying and confirming the proposed enlargement and describing the boundaries of the city as altered. In so doing the chancellor shall have the right and the power to modify the proposed enlargement by decreasing the territory to be included in or excluded from the city, as the case may be.

(2) If the chancellor finds from the evidence that the proposed enlargement is unreasonable and is not required by the public convenience and necessity, or in the event of an enlargement of a city, that the governing authorities of the city failed to comply with the provisions of Section 21-1-27, Mississippi Code of 1972, then he or she shall enter a decree denying the enlargement.

(3) In any event, the decree of the chancellor shall become effective after the passage of ten (10) days from the date thereof or, in the event an appeal is taken therefrom, within ten (10) days from the final determination of the appeal. In any proceeding under this section the burden shall be upon the governing authorities of the city to show that the proposed enlargement is reasonable.

SECTION 5. In the event of an appeal from the judgment of the chancellor, the costs incurred in the appeal shall be taxed against the appellant if the judgment be affirmed, and against the appellee if the judgment be reversed.

SECTION 6. Whenever the corporate limits of any municipality shall be enlarged or contracted, as herein provided, the chancery clerk shall, after the expiration of ten (10) days from the date of such decree if no appeal be taken therefrom, forward to the Secretary of State a certified copy of such decree, which shall be filed in the Office of the Secretary of State and shall remain a permanent record thereof. In the event an appeal be taken from such decree and such decree is affirmed, then the certified copy thereof shall be forwarded to the Secretary of State within ten (10) days after receipt of the mandate from the Supreme court notifying the clerk of such affirmance.

SECTION 7. In all cases where the limits of a municipality are enlarged or contracted 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 8. This act shall take effect and be in force from and after its passage.