MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Ways and Means

By: Representatives Horne, Calvert

House Bill 556

AN ACT TO AMEND SECTIONS 21-1-27, 21-1-29, 21-1-61, 21-33-1 AND 21-33-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MUNICIPALITY IS PROHIBITED FROM LEVYING AND COLLECTING AD VALOREM TAXES IN NEWLY ANNEXED AREAS UNTIL THE MUNICIPALITY HAS PROVIDED THE SERVICES TO THE ANNEXED AREA WHICH ARE LISTED IN THE ORDINANCE THAT THE MUNICIPALITY IS REQUIRED TO PASS; 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 * * *hereinafter provided in this chapter.  When any municipality * * *shall desires to enlarge or contract * * *the its boundaries * * *thereof by adding * * *thereto adjacent unincorporated territory or excluding * * *therefrom any part of the incorporated territory of * * *such the municipality, the governing authorities of * * *such 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.  * * *In the event If the municipality desires to enlarge * * *such its boundaries, * * *such 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 * * *;.  * * *such The ordinance shall also contain a statement of the municipal or public services which * * *such the municipality proposes to render in such annexed territory.  The ordinance shall also state that the municipality may not levy or collect municipal ad valorem taxes within the territory proposed to be annexed until those services that the municipality proposes to render the ordinance are provided.  * * * In the event If the municipality * * *shall desires to contract its boundaries, * * *such the ordinance shall contain a statement of the reasons for * * *such the contraction and a statement showing * * * whereby that the public convenience and necessity would be served thereby.

 * * * (2)  * * * (a)  When any municipality having a population in excess of forty thousand (40,000) wherein is located a state‑supported university and in which U.S. Highways 49 and 11 intersect and which has boundaries that lie within two (2) counties desires to enlarge its boundaries by adding adjacent unincorporated territory after January 1, 2016, the governing authorities of the municipality shall pass, in addition to the requirements provided in subsection (1), an ordinance:

   ( * * *ia)  Certifying that more than fifty percent (50%) of the people who reside in the unincorporated area of the census block within the territory proposed to be annexed shall be included in the proposed annexation; or

   ( * * *iib)  Certifying that upon approval of the annexation, the municipality shall cede any authority to provide zoning and subdivision regulation to the board of supervisors of the county in which the territory is located, if fifty percent (50%) or fewer people who reside in the unincorporated area of the census block within such territory is included in the proposed annexation.  If such authority is ceded, as provided under this subparagraph, then the governing authorities of the municipality * * * is are authorized to advise the board of supervisors of the county concerning such regulation; however, the ultimate authority regarding the regulation shall lie with the board of supervisors of the county.

This subsection (2) shall stand repealed from and after July 1, * * *2019 2024.

(3)  For the purposes of this section, "census block" refers to certain geographic areas as designated by the latest federal decennial census preceding any annexation under this section.

This subsection (3) shall stand repealed from and after July 1, * * * 2019 2024.

     SECTION 2.  Section 21-1-29, Mississippi Code of 1972, is amended as follows:

     21-1-29.  When any such ordinance * * * shall be described in Section 21-1-27 is passed by the municipal authorities, * * *such the municipal authorities shall file a petition in the chancery court of the county in which * * * suchthe municipality is located; however, when a municipality wishes to annex or extend its boundaries across and into an adjoining county * * * such, the municipal authorities shall file a petition in the chancery court of the county in which such territory is located.  The petition shall * * * (a) recite the fact of the adoption of * * * suchthe ordinance * * *and, (b) shallpray that the enlargement or contraction of the municipal boundaries, as the case may be, shall be ratified, approved and confirmed by the court * * *. and (c) state that the municipality may not levy or collect municipal ad valorem taxes within the territory proposed to be annexed until those services that the municipality proposed to render in the ordinance are provided by the municipality.  There shall be attached to * * * suchthe petition, as exhibits * * *thereto, a certified copy of the ordinance adopted by the municipal authorities and a map or plat of the municipal boundaries as they will exist * * * in eventif such enlargement or contraction becomes effective.

     SECTION 3.  Section 21-1-61, Mississippi Code of 1972, is amended as follows:

     21-1-61.  In all cases where a municipality is created or the limits of an existing municipality are enlarged under the provisions of this chapter, the property included within the municipal boundaries by * * * suchthe creation * * * or enlargementshall become liable for and subject to municipal ad valorem taxation on the tax lien date next succeeding the effective date of the decree creating * * * or enlarging suchthe municipality. In all cases where the limits of an existing municipality are enlarged through annexation of an adjoining territory under the provisions of this chapter, the annexed territory will not become liable for or subject to municipal ad valorem taxation until the services that the municipality proposed in the ordinance described in Section 21-1-27 are rendered by the municipality.

     SECTION 4.  Section 21-33-1, Mississippi Code of 1972, is amended as follows:

     21-33-1. Except as provided in Section 21-1-61, all lands and other taxable property subject to assessment, held by any person within the municipality, or in added territory, on the first day of January, shall be assessed, and ad valorem taxes thereon levied and collected for the ensuing year, excepting motor vehicles as defined by the "Motor Vehicle Ad Valorem Tax Law of 1958," as provided under Sections 27-51-1 through 27-51-49 * * *, Mississippi Code of 1972.

     SECTION 5.  Section 21-33-21, Mississippi Code of 1972, is amended as follows:

     21-33-21.  After the services that the municipality proposed  in the ordinance described in Section 21-1-27 are rendered by the municipality within the added territory as required under Section 21-1-61, the assessor * * *shall, in the same manner and at the same time as municipal assessments are made, shall make an assessment of all taxable property in any added territory, and shall make the same a part of the assessment roll of the municipal separate school district.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2020.

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