MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Municipalities

By: Representatives McBride, Morris, Henderson (9th)

ACT TO AUTHORIZE CERTAIN MUNICIPALITIES TO ENTER INTO ANY AGREEMENT, CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE UNITED STATES WHEREBY THE MUNICIPALITY MAY ACQUIRE OR LEASE REAL PROPERTY, WHETHER WITHIN OR OUTSIDE THE CORPORATE BOUNDARIES OF SUCH MUNICIPALITY, FOR THE PURPOSE OF DEVELOPING PARKS, TOURISM AND RECREATIONAL FACILITIES AND SUPPORTING INFRASTRUCTURE; TO PROVIDE THAT WHERE A MUNICIPALITY ACQUIRES OR LEASES REAL PROPERTY FROM THE UNITED STATES UNDER THIS ACT AND THE PROPERTY IS LOCATED OUTSIDE THE CORPORATE BOUNDARIES OF THE MUNICIPALITY, THE MUNICIPALITY MAY INCORPORATE THE REAL PROPERTY INTO ITS CORPORATE BOUNDARIES; TO PROVIDE THE PROCEDURE FOR SUCH INCORPORATION; AND FOR RELATED PURPOSES.

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

SECTION 1. The purpose of this act is to promote the general welfare and economic development by empowering certain municipalities to (a) acquire or lease real property, whether located within or outside the corporate boundaries of such municipality, from the United States, (b) develop and use such real property, and (c) incorporate such real property. The provisions of this act are and shall be construed to be independent of, an alternative to and in addition to all existing laws of the state governing the authority of municipalities.

SECTION 2. As used in this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Municipality" means any municipality located in a county in which Sardis Lake is located, in which Mississippi Highway 6 and Interstate Highway 55 intersect and having a population of five thousand (5,000) or less according to the 1990 federal decennial census.

(b) "Sardis Lake" means that certain flood control reservoir and adjacent real property in Lafayette and Panola Counties owned by the United States and operated and managed by the Department of the Army through its Corps of Engineers on the effective date of this act.

(c) The "United States" means the United States Government and the United States Department of the Army, acting by and through its Corps of Engineers, and any other agency, department or commission of the United States owning or having jurisdiction or authority, or both, over Sardis Lake or matters relating thereto.

SECTION 3. (1) Any municipality may enter into and accomplish any agreement, contract, lease or other arrangement with the United States whereby the municipality may acquire or lease real property, whether located within or outside the corporate boundaries of such municipality, for the purpose of developing and promoting parks, tourism and recreational facilities of all types, including without limitation marinas, restaurants, hotels, conference centers, golf courses, lakes, nature trails, campgrounds and similar facilities and supporting infrastructure; and the purposes set forth in any such agreement, contract, lease or other arrangement and the uses described therein of such real property shall be proper municipal purposes for such municipality.

(2) Any municipality that acquires or leases real property from the United States under subsection (1) of this section may (a) lease and sublease, and grant rights to use, easements and rights-of-way over and across, any part or all of such real property for such consideration and upon such terms and conditions as the municipality may deem appropriate for a period or periods not to exceed seventy-five (75) years, and (b) enter into and accomplish agreements, contracts, leases and subleases, and other arrangements with private individuals, firms or corporations with respect to the use and development of such real property.

(3) Any municipality that leases or subleases or grants rights to use, easements or rights-of-way over and across real property acquired or leased from the United States under subsection (1) of this section may utilize all revenues received from the rental or use of such real property or the granting of such rights, or received as a result of any term or condition in an agreement, contract, lease, sublease or other arrangement relating to such real property, for all proper municipal purposes.

SECTION 4. Any municipality that acquires or leases real property from the United States under this act, if such real property is located outside the corporate boundaries of such municipality, may incorporate such real property into its corporate boundaries by ordinance adopted for such purpose if such real property is located within the same county as the municipality, regardless of whether the real property is adjacent or contiguous to the existing corporate boundaries of such municipality.

SECTION 5. Any ordinance to incorporate real property into the corporate boundaries of a municipality under this act shall include the following provisions and shall be effective as follows:

(a) The ordinance shall accurately describe the metes and bounds of the real property to be incorporated, and only real property acquired or leased from the United States under this act shall be subject to such incorporation.

(b) If the United States retains ownership of the real property to be incorporated by the municipality, the United States must consent to the incorporation and a written statement of such consent must be cited and included in the ordinance.

(c) The ordinance shall provide that it will not become effective until publication thereof shall have been made once each week for three (3) consecutive weeks in a newspaper, or newspapers, published or having a general circulation in the county in which the municipality and the real property to be incorporated are located.

(d) Subject only to the limitations of this act, the ordinance shall become effective upon the effective date fixed therein.

SECTION 6. Any person aggrieved by a municipal ordinance adopted under this act may appeal to the circuit court of the county in which the principal office of the municipality is located in the manner provided for appeals of judgments or decisions of municipal authorities as set forth in Section 11-51-75, Mississippi Code of 1972.

SECTION 7. Whenever the corporate boundaries of a municipality shall be enlarged under this act, the municipality shall, within thirty (30) days after the effective date of such ordinance, if no appeal is taken therefrom, forward to the Secretary of State a certified copy of such ordinance, which shall be filed in the Office of the Secretary of State and shall remain a permanent record thereof. If an appeal is taken from such ordinance and the ordinance 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 court notifying the municipality of such affirmance.

SECTION 8. Whenever the corporate boundaries of a municipality shall be enlarged under this act, the municipality shall furnish to the chancery clerk of the county in which the municipality is located a map or plat of the boundaries of the municipality as altered. The map or plat shall be recorded in the official plat book of the county.

SECTION 9. This act shall take effect and be in force from and after its passage.