MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Ways and Means

By: Representatives Wallace, Bozeman, Robinson (63rd), Thornton

AN ACT TO AMEND SECTIONS 51-31-1, 51-31-3, 51-31-7, 51-31-9, 51-31-11, 51-31-17, 51-31-25, 51-31-29, 51-31-39, 51-31-47, 51-31-53, 51-31-63, 51-31-65, 51-31-71, 51-31-73, 51-31-79, 51-31-95, 51-31-103, 51-31-111, 51-31-119, 51-31-121, 51-31-125, 51-31-129, 51-31-131, 51-31-133, 51-31-139 AND 51-31-141, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CREATION OF DRAINAGE DISTRICTS WHICH WILL BE UNDER THE JURISDICTION OF MUNICIPAL DRAINAGE COMMISSIONERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 51-31-1, Mississippi Code of 1972, is amended as follows:

51-31-1. Each drainage district heretofore organized in this state and each drainage district hereafter organized therein shall be a body corporate, shall have authority to sue in its own corporate name and be sued therein, may contract and be contracted with, may plead and be impleaded, and where organized or operating under the provisions of this chapter in its name may do and perform any and all things necessary and authorized by this chapter. All such acts may be done by its commissioners in the name of the district.

As an alternative to any existing right, power, and authority given to any drainage district operated by a board of * * * drainage commissioners, or to such commissioners, by the laws of the State of Mississippi now or hereafter enacted, all the provisions of the statutes of the State of Mississippi now or hereafter enacted relative to drainage districts operated by local commissioners, and to such local commissioners, shall apply to any drainage district heretofore or hereafter organized and operated by a board of * * * drainage commissioners, and to such commissioners.

SECTION 2. Section 51-31-3, Mississippi Code of 1972, is amended as follows:

51-31-3. (1) The terms "benefits" and "betterments," as used in this chapter are interchangeable and shall be construed as synonymous. The terms "ditches" and "drains" shall be construed to also include levees and closed drains, such as tiling, as well as open ditches.

(2) For the purposes of this chapter, the following terms shall have the meanings ascribed in this section unless the context shall otherwise require:

(a) "Drainage commissioners" means county or municipal drainage commissioners, as the case may be.

(b) "Governing authorities" means the governing authorities of any county or counties or municipality in which a drainage district has been created.

SECTION 3. Section 51-31-7, Mississippi Code of 1972, is amended as follows:

51-31-7. All drainage districts of the state heretofore organized or that may be hereafter organized, except as otherwise provided in Chapters 29 and 33 of this title, shall severally exercise their respective powers and be managed by three (3) * * * drainage commissioners of the county or municipality in which the organization of the district was had and by the chancery court or chancellor in vacation of the county in which the drainage district is located, as hereinafter provided in this chapter.

SECTION 4. Section 51-31-9, Mississippi Code of 1972, is amended as follows:

51-31-9. In every county or municipality in this state in which there is now a drainage district and in which a drainage district may hereafter be created or be proposed to be created under this chapter, the governing authorities shall select three (3) * * * drainage commissioners for the county or municipality. The term of office of each commissioner shall be six (6) years and until his successor is selected and has qualified, with the terms expiring at two-year intervals to insure the selection of one (1) new commissioner every two (2) years. Any vacancy in office of a * * * drainage commissioner in any county may be filled by the board of supervisors at any regular meeting of such board, which board is given the authority to fill all unexpired terms of any commissioner in the county.

Every resident citizen of any county or municipality, being the owner of land in said county or municipality and over twenty-five (25) years of age, of good reputation, and of sound mind and judgment shall be eligible to hold the office of * * * drainage commissioner in the county or municipality of his residence.

If any commissioner shall refuse or neglect to discharge the duties imposed upon him by virtue of this chapter, or shall neglect or refuse to qualify as such commissioner after being selected for such office, the other two (2) commissioners shall proceed to exercise the duties of their office and the business of said drainage district until the next meeting of said governing authorities, when the office of the party refusing to perform or qualify shall be filled by the selection of another party in his stead.

SECTION 5. Section 51-31-11, Mississippi Code of 1972, is amended as follows:

51-31-11. Each person selected * * * drainage commissioner shall, before entering upon the discharge of the duties of the office, give bond, with sufficient surety to be payable, conditioned and approved as provided by law, in a penalty equal to Ten Thousand Dollars ($10,000.00). Such commissioner shall take and subscribe to an oath of office before said clerk that he will faithfully discharge the duties of the office, which oath shall also be filed with the said clerk.

SECTION 6. Section 51-31-17, Mississippi Code of 1972, is amended as follows:

51-31-17. After the organization of a drainage district, the commissioners shall elect a secretary and treasurer, who may be a member of the board or may be any person qualified to fill the position. He shall give bond in such sum as the commissioners, with the approval of the chancellor, may determine and shall receive such compensation as the commissioners may allow, subject to approval by the chancellor. Such secretary and treasurer shall receive from the county or municipal tax collector, whose duty it shall be to collect, all monies levied by said drainage commissioners. The commissioners, with the approval of the chancellor, may designate the depository for such funds; such depository to be a qualified county or municipal depository; and upon their failure so to do, the funds shall be deposited as is now provided by law for funds belonging to the treasury of the county or municipality. The drainage commissioners of a district which has no bonds outstanding or which has a surplus fund in the treasury, by and with the approval of the chancellor, may place the surplus funds in a qualified county or municipal depository on savings account for six (6) months or more, at a rate of interest of not less than two percent (2%), or may loan said surplus funds on land in the county or municipality in which the district is organized, at a rate of interest of not less than six percent (6%) and on such terms and for such time as the chancellor may direct. Any such depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for county or municipal funds.

It shall be the duty of the treasurer to keep proper books to be furnished him by the commissioners, in which he shall keep an accurate account of all moneys received by him and of all disbursements of the same. He shall pay out no money except upon the order of a majority of the commissioners, shall carefully preserve on file all orders for the payment of money given him by the commissioners, and shall turn over all books, papers, vouchers, moneys and other property belonging to said district, in his hands as such treasurer, to his successor in office.

SECTION 7. Section 51-31-25, Mississippi Code of 1972, is amended as follows:

51-31-25. Upon the petition being filed in the office of the clerk of said chancery court, said clerk shall cause three (3) weeks' notice of the filing of said petition to be given, addressed "To all persons interested," by posting notices thereof at the door of the courthouse of the county or counties and the municipality, if the drainage district is managed by municipal drainage commissioners, in which the district is situated and in at least ten (10) of the most public places in said proposed district, and also by publishing said notice at least once a week for three (3) consecutive weeks in some newspaper or newspapers published in the county in which the larger part of said district lies and in the county in which the municipality is located, if the drainage district is managed by municipal drainage commissioners, if there be any newspaper published in said county or counties. Such notice shall state when and in what court said petition was and is filed, with the general description of the land included in the said proposed drainage district and the boundaries of said drainage district, and when the said petitioners will ask a hearing of said petition. If any of the landowners in said district are nonresidents of said county or counties or the municipality in which said proposed district will lie, or nonresidents of this state, the petition shall be accompanied by an affidavit giving the names and post office address of said nonresidents, if known, and if unknown, stating that upon diligent inquiry their places of residence and post offices cannot be ascertained; and the clerk shall send a copy of the notice which has been published as above provided by registered mail to each of said nonresidents whose residence or post office is known, which notice shall be mailed by said clerk not later than five (5) days before the date set for hearing of the petition. The certificate of the clerk, with registered letter receipts attached, or the affidavit of any other credible person affixed to copy of such notice shall be sufficient evidence of the posting, mailing, and publication of such notice.

SECTION 8. Section 51-31-29, Mississippi Code of 1972, is amended as follows:

51-31-29. Upon the day set for hearing said petition or a day to which same may be continued by the court or chancellor, all parties interested may appear and contest the same; and if the contestants file a petition signed by one-third (1/3) of the landowners in such proposed district owning more than one-half (1/2) of the lands in said district, then said original petition shall be dismissed. The court shall first determine whether the petition filed by the contestants is signed by persons of lawful age who represent one-third (1/3) of the landowners in such proposed district owning more than one-half (1/2) of the lands in said district. If it is so signed, the court or chancellor shall enter an order dismissing the original petition. If it is not so signed, then at the first hearing on the original petition the only questions to be passed upon by the court shall be: first, whether the petition is signed by the number of qualified signers required by this chapter; second, whether the required notices by publications, mail, and posting have been given; third, whether the lands of said proposed drainage district or any part thereof required a combined system of drainage; fourth, whether the creation of the district would meet a public necessity and would be conducive to the public welfare. If the court or chancellor shall find in favor of the petitioners upon all of these points, he shall enter an order to that effect, refer the said petition to the drainage commissioners * * * for proceedings thereon in compliance with this chapter, and fix a day upon which such commissioners shall meet to consider the same, and investigate the lands in the said proposed drainage district. All deeds made for the purpose of defeating or aiding the prayer of such petition, not made in good faith and for a valuable consideration, shall be taken and held to be in fraud of the provisions of this chapter; and the holders thereof shall not be considered as owners thereof in construing the provisions hereof. Upon said first hearing if the court or chancellor shall find that said petition is not signed as required by this chapter or that notices have not been given as required thereby, the court or chancellor may allow the petitioners to amend the same or may continue said petition for further hearing, with leave to the petitioners to give proper affidavit of any two (2) or more signers of the said petition that they have examined said petition, that they are acquainted with the land and locality of such proposed district, and that such petition is signed by the number of landowners required by this chapter who are of lawful age. Such affidavit may be taken by the court or chancellor as prima facie evidence of the facts therein stated.

If the court or chancellor shall find against the petitioners upon any one or more of the points above provided, then said petition shall be dismissed; and in any dismissal under this section, all costs shall be adjudged against the petitioners for the organization of said proposed drainage district.

SECTION 9. Section 51-31-39, Mississippi Code of 1972, is amended as follows:

51-31-39. If, after hearing all objections, if any, to the report of the commissioners and all applications, if any, to annex other lands to the proposed district by the owners of such lands, the court or chancellor finds that a drainage district should be organized, the map of the same shall be recorded and the order may be entered according to the findings of the court or chancellor, substantially as follows:

"The State of Mississippi

County of __________

__________ Term, A.D. 19___.

In the matter of the petition to organize __________ drainage district in the county of __________ and State of Mississippi.

This day the report of the drainage commissioners * * *, filed in this cause, having been heard, and it appearing to the court or chancellor that due notice has been given "to all persons interested" for the length of time and in the manner required by law of the application to this court for the confirmation of said report, and the court or chancellor having duly examined said report and considered all objections to the same, it is ordered by the court that the report of said commissioners (or if modified by the court, say as modified by the court) be, and the same is, hereby confirmed; and the court further finds that the work proposed in said petition to be done will be beneficial for agricultural and sanitary purposes to the owners of the lands within said proposed district. And the court also finds that the persons who have signed said petition are of lawful age and owners of land in number and quantity as required by law. And it is further hereby ordered and decreed by the court that said district be, and the same is, hereby duly organized as a body politic and corporate by the name and style of __________ drainage district in the county or municipality of __________ and the State of Mississippi."

But if the court, after hearing said report and objections, finds that the work proposed in said petition and the report with estimated costs by the drainage commissioners will not be sufficiently beneficial and justifiable for agricultural and sanitary purposes to the owners of the lands within said proposed drainage district, then an order shall be entered on the minutes of the court dismissing the petition and disallowing the organization of the proposed drainage district; and all costs and expenses shall be adjudged against the petitioners for the proposed drainage district.

SECTION 10. Section 51-31-47, Mississippi Code of 1972, is amended as follows:

51-31-47. When the commissioners shall have completed their assessments of damages and benefits, they shall file the same with the clerk of the chancery court; and the clerk is authorized to set down and fix a time for the hearing of objections to such assessments, at the request of said commissioners, at any time that the court or chancellor in vacation may be able to hear the same as herein provided. The clerk shall cause a notice to be published at least once a week for two (2) successive weeks, of the time set for hearing objections to such assessments, which time for hearing shall not be less than fifteen (15) days nor longer than thirty (30) days from the time of filing the same, unless a longer time shall be ordered by the court or chancellor or requested by the commissioners. Said publication shall be made in any newspaper published in the county or municipality, if the drainage district is managed by municipal drainage commissioners, if there be one (1) published in the county or municipality where the cause is pending; otherwise, by posting written notices in ten (10) public places in the district, and shall be sufficient, and the only notice required of the filing of said assessment roll and the time set for hearing objections thereto.

SECTION 11. Section 51-31-53, Mississippi Code of 1972, is amended as follows:

51-31-53. At the time of confirming the assessments of benefits and damages and the estimated costs of the work proposed, the court or chancellor may order the assessments to be paid in installments, in such amounts and at such times as may be convenient for the accomplishment of the work proposed or the payment of bonds issued therefor; otherwise, the whole amount of such assessments shall be payable on the confirmation of such assessments. The assessments and installments thereof shall draw interest at the rate of not exceeding six percent (6%) per annum, payable annually, from the date of the confirmation; but if any owner elects he may pay the whole amount of the assessment and interest against any part of his property, or all of it, before it becomes due and within thirty (30) days from the date of the confirmation of the assessments and benefits and before the issuance of bonds for the district, and all such property paid on shall not be liable for the payment of such bonds and assessments further. All assessments for benefit and assessments for doing the work of the district shall be a lien upon the lands of the district, assessed specifically against such lands which have not had their assessments paid, and shall continue until such assessments are levied and paid. In case any assessment and accrued interest is not paid when due, the specific land against which said assessment is made shall be advertised and sold by the tax collector of the county or municipality, if the drainage district is managed by municipal drainage commissioners, as he is required to sell lands delinquent for state, county or municipal taxes; and all the provisions of the laws of this state in reference to the sale of lands to enforce the payment of state, county and municipal taxes are hereby declared to be and hereby are made a part of this chapter to enforce the payment of the assessments herein authorized to be made. All drainage assessments shall be collected by the tax collector * * * at the same time and in the same manner as are state, county and municipal taxes, and the same penalties shall accrue for the nonpayment of drainage assessments as for nonpayment of state, county and municipal taxes.

At the time of confirming such assessments, the court or chancellor in vacation may authorize the levying of such portions of such assessments as may be necessary to pay the principal and interest on the bonds authorized to be issued, and to carry out the purposes for which the said district was formed and organized.

SECTION 12. Section 51-31-63, Mississippi Code of 1972, is amended as follows:

51-31-63. On or before the first Monday of September of each year, the drainage commissioners shall levy a tax on the amount of the original or supplemental assessment of benefits, which shall be in the same proportion as the installment authorized and directed by the court to become due that year, and shall certify their levy to the governing authorities. It shall thereupon become and be the duty of the said governing authorities to make a levy in accordance with such assessment sufficient to meet the bond obligations issued by the drainage commissioners and the interest accruing thereon, with ten percent (10%) of the amount of such annual payment added for contingent expenses and liabilities in accordance with the decree of the chancellor. The ten percent (10%) additional levy herein provided may be omitted in any one (1) year when it shall appear that the contingent expense fund on hand exceeds twenty percent (20%) of the total amount of bond and interest obligations falling due during the fiscal year. The said levy shall be apportioned and levied on each tract of land or other property in the district in proportion to the benefits assessed, and not in excess thereof. As soon as said levy is made, the secretary of the commissioners, at the expense of the district, shall prepare an assessment record of the district. It shall be a copy of the "assessment roll" provided above, and may contain any number of columns therein in which may be inscribed the levy made each year. He shall place therein the amount of the levy for the year, including interest accruing on the unpaid installments, and the said record shall be certified by the board of drainage commissioners, attested by the seal of the district, and filed with the tax collector of the county in which the land is located. The said secretary shall make a copy for each county in which the lands of the district may be situated, but only the lands situated in such county need be inscribed therein. At the time of confirming such assessment as herein provided, it shall be competent for the court or chancellor in vacation in such order to provide for all details connected with the fixing of the date, form, maturity, and amounts of any and all bonds that are ordered to be issued, and the fixing of the installments for the payment of such bonds. The court or chancellor in vacation may take the matter of such details under advisement for such further orders and decrees in vacation as may be necessary or advisable to perfect the details of same.

SECTION 13. Section 51-31-65, Mississippi Code of 1972, is amended as follows:

51-31-65. It shall be the duty of the governing authorities, on the recommendation of the drainage commissioners, to make a levy each year on the lands lying in their respective counties or in the municipality, if the drainage district is managed by municipal drainage commissioners in accordance with such assessments and levies sufficient to meet bond obligations of any district issued by authority of law.

SECTION 14. Section 51-31-71, Mississippi Code of 1972, is amended as follows:

51-31-71. After the organization of any drainage district under this chapter, and after the confirmation of the assessment as in this chapter provided, and after laying out a system of main drains for said drainage district, the said commissioners shall advertise for bids for the construction of said ditches by publishing a notice for three (3) weeks in some newspaper in the county and municipality, if the drainage district is managed by municipal drainage commissioners, in which such district is organized, stating the time when and place where they will receive bids for the construction of such work. The time fixed for receiving and opening said bids shall not be less than twenty-two (22) days from the time of the first publication. Said notice shall specify the kind and nature of the work to be done, the amount thereof as estimated by the engineer, and in what manner payment thereof will be made. They shall meet at the time and place designated in said notice and open said bids, and said contracts shall be let to the lowest responsible bidder. The said commissioners shall have the right to reject any and all bids if they deem that the same are too high, and may adjourn said letting to a future time and continue said advertisement until that time.

The commissioners shall take and file a certificate of publication of such notice with the clerk; and upon the acceptance of any bid for the construction of any work, they shall require said bidder to enter into contract with them for the faithful performance of said work according to the plans, specifications, profile, and estimates of the engineer, and require said contractor to enter into bonds for the faithful performance of said work within the time and in the manner specified in said contract.

SECTION 15. Section 51-31-73, Mississippi Code of 1972, is amended as follows:

51-31-73. The commissioners may, after the organization of said district, do any and all acts that may be necessary in and about the surveying, laying out, constructing, repairing, altering, enlarging, cleaning, protecting, and maintaining any drain or ditch or other work for which they have been appointed. They and their successors shall have charge of said ditch in perpetuity, and shall annually see that the same is cleaned out and all obstructions, brush, willow, or other growth removed therefrom, to the end that said ditches shall be kept thoroughly cleaned and in good repair so as to perfectly drain said lands. For those purposes, the commissioners may borrow money in anticipation of the collection of already levied taxes not to exceed in any one (1) fiscal year one percent (1%) of the amount of the benefits assessed against all of the real property in the district, at an overall maximum interest rate to maturity not greater than that allowed in Section 75-17-105. They may issue in evidence thereof tax anticipation warrants, which warrants shall be paid solely and only out of the first funds collected from taxes levied prior to the borrowing of such funds and issuance of such warrants; and they may make additional assessments from time to time, as necessity may require, to pay for the expense of maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district. The additional assessment for maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district shall be made by the commissioners in the following manner: on or before the first Monday in September of each year the drainage commissioners shall assess on each tract of land or other property in the district, in proportion to the original and supplemental benefits assessed for construction, such an amount as is necessary to pay the expense of maintaining, cleaning out, and keeping in repair the ditches of said district and meeting the legal obligations of such district, and shall certify their assessment to the governing authorities; and it shall thereupon become and be the duty of the board of supervisors to levy a tax in accordance with such assessment sufficient to meet said expense of maintaining, clearing out, and keeping in repair the ditches of said district. The said tax levied shall be apportioned to and levied on each tract of land or other property in said district in proportion to the original and supplemental benefits assessed for construction, or as otherwise provided by law. As soon as the said tax levy is made, the secretary of the commission, at the expense of the district, shall prepare an assessment record of the district, which may contain any number of columns therein, in which may be inscribed the tax levied each year. He shall place therein the amount of the levy for the year, and the said record shall be certified by the commissioners, attested by the seal of the district, and filed with the tax collector of the county in which the land is located. The said secretary shall make a copy for each county in which any lands of the district may be situated, but only the lands situated in the county need be inscribed therein. Any person aggrieved at the action of the governing authorities in levying the tax herein provided shall have the same right of appeal as is provided by law for appealing from the action of said governing authorities in levying county or municipal taxes. All taxes hereunder assessed and levied shall be collected at the same time and in the same manner as are state, county and municipal taxes, and the same penalties shall accrue for the nonpayment thereof as for nonpayment of state, county and municipal taxes. In the event a drainage ditch shall be totally destroyed by the construction of public levees, the drainage district commissioners shall strike the land affected by such destruction from the assessment rolls of the district; but such action shall in no way affect the lien of the bondholders of the district upon such land.

SECTION 16. Section 51-31-79, Mississippi Code of 1972, is amended as follows:

51-31-79. Where the lands of any drainage district lie in two (2) or more counties of this state, the county drainage commissioners of the county in which the greatest or greater number of acres of land lies, and in which the suit is brought for the organization of the drainage district, shall have jurisdiction as county drainage commissioners under the chancellor or chancery court of the entire drainage district the same as if the entire drainage district lay in the county of their selection. The municipal drainage commissioners shall have jurisdiction as municipal drainage commissioners under the chancellor or chancery court of the drainage district. In reporting to the governing authorities levies of taxes to be made by the board for the payment of bonds and other obligations of the district, the * * * drainage commissioners having jurisdiction over such drainage district shall make report to the governing authorities of each county or municipality in which any of the lands of the drainage district lie, showing all the lands and assessments thereon lying in such county or municipality. The governing authorities of each county or municipality in which such lands lie shall make the required levies, and the tax collectors of the counties or municipalities in which the lands lie shall collect the taxes thus levied and account to the treasurer of the drainage district therefor, as in other cases.

SECTION 17. Section 51-31-95, Mississippi Code of 1972, is amended as follows:

51-31-95. If in the construction of such ditches the same shall cross any public road, it shall be the duty of the drainage commissioners to notify the governing authorities of the county or municipality in which such public road is located, at some regular meeting of said board held prior to a day which is thirty (30) days next before the time fixed in such notice for the time at which the proposed work shall be constructed across said public road, stating in such notice the width and depth of such proposed work. It shall be the duty of the governing authorities to cause to be removed and constructed, at the expense of the county or municipality, all bridges necessary to be removed or constructed, same to be done at such time as is reasonable, with a view to the convenience of the public and without unreasonable delay to the prosecution of such work.

Contracts may be made by the governing authorities for such removal and construction of such bridge or bridges, without first advertising for bids where the cost of any one (1) bridge does not exceed One Hundred Dollars ($100.00).

SECTION 18. Section 51-31-103, Mississippi Code of 1972, is amended as follows:

51-31-103. Where a county farm owned by any county lies within any drainage district and would be benefited thereby, the governing authorities are authorized in their discretion to pay out of the general county fund the pro rata of tax for which such county lands should be taxed if owned by individuals.

SECTION 19. Section 51-31-111, Mississippi Code of 1972, is amended as follows:

51-31-111. The drainage commissioners of any county or municipality in which a drainage district has been organized and who have sold bonds for eighty percent (80%) of the assessment on the lands in such district, and who have provided for the collection of the remaining twenty percent (20%) of the assessment on the lands in such district in cash within not less than four (4) months, are authorized to issue and sell the bonds, notes, or other objects of indebtedness of the drainage district for the twenty percent (20%), or any part thereof, which was provided to have been paid in cash and which has not yet been paid.

SECTION 20. Section 51-31-119, Mississippi Code of 1972, is amended as follows:

51-31-119. When one-third (1/3) of the landowners owning a majority of the acreage or a majority of the landowners owning a one-third (1/3) of the acreage of real property within a proposed subdrainage district, composed of lands wholly within a drainage district or partly within and partly without such drainage district, shall petition the chancery court, or chancellor in vacation, and shall file a good bond to pay for the expense of the survey of the proposed subdrainage district in case the district is not formed, the said court or the chancellor in vacation shall enter an order directing the drainage commissioners * * * to cause a survey to be made and to ascertain the limits of the region which would be benefited by a proposed system of improvements, giving a general idea of its character, and the estimated costs of drainage, and making such suggestions as to the size of the drainage ditches and their location as the drainage commissioners may deem advisable. They shall file their report with the clerk of the chancery court of the county in which the greater portion of the territory proposed to be included in said subdrainage district is situate.

SECTION 21. Section 51-31-121, Mississippi Code of 1972, is amended as follows:

51-31-121. Upon the filing of said report with the clerk, he shall make an entry to that effect upon the minutes of said court and shall set down and fix the term of court next thereafter convening, or shall set down and fix a day in vacation, as he may deem best, when the court or the chancellor in vacation shall hear said matter. The clerk shall thereupon give notice by publication for two (2) weeks, by two (2) insertions in some newspaper published in the municipality or the county in which the greater part of the land lies, notifying all persons interested to appear at the term of court or day set in vacation and show cause, if any, why said subdistrict should not be organized or bonds be issued to pay for said work.

However, the day set for hearing shall not be more than sixty (60) days after the first of said notices is published. The said notice by publication shall be full and complete notice to any and all persons interested, and shall confer full and complete power and authority upon the court or chancellor in vacation to act in said matter.

SECTION 22. Section 51-31-125, Mississippi Code of 1972, is amended as follows:

51-31-125. When a subdrainage district has been established as hereinbefore provided, the * * * drainage commissioners shall be the commissioners of said subdrainage district; and proceedings to organize subdrainage districts and to do improvements therein shall conform substantially to the provision of this chapter with reference to the organization, doing the improvements, and operating other drainage districts authorized by this chapter. Said commissioners are empowered and authorized to issue bonds of such subdrainage districts, and such bonds shall be so designated. The same proceedings, or as near as practicable the same, shall be had in the issuance of bonds of a subdrainage district as are required in the issuance of bonds of the drainage district in the first instance, as provided in this chapter. The proceeds from the sale of bonds of a subdrainage district shall be applied and used exclusively for doing the work within or for the exclusive benefit of said subdrainage district for the construction of internal drains of said subdrainage district, and in carrying out and perfecting its internal drains.

SECTION 23. Section 51-31-129, Mississippi Code of 1972, is amended as follows:

51-31-129. All taxes levied under the terms of any drainage law of the State of Mississippi shall be payable at the same time the state, county and municipal taxes are payable, and if any taxes so levied under this chapter are not paid at maturity, the tax collector * * * where the land is situated shall, after having advertised said lands for sale for the same length of time and in the same manner as land delinquent for state, county and municipal taxes are now required to be advertised, sell the lands so delinquent for taxes thereon, together with all costs and five percent (5%) damages on the amount of taxes for which the land was sold. Said sale shall be separate and distinct from all other sales for taxes, but shall be held at the same place and time where sales of delinquent lands for state, county and municipal taxes are held.

SECTION 24. Section 51-31-131, Mississippi Code of 1972, is amended as follows:

51-31-131. When lands are offered for sale for unpaid drainage district taxes and no person will bid therefor the amount of taxes, damages, and costs due, the same shall be struck off to the drainage district wherein the land lies, and otherwise dealt with as lands which are sold to the state for delinquent state, county and municipal taxes. The drainage commissioners shall be authorized to pay the state, county and municipal taxes on lands thus acquired by it, to redeem the same from state, county and municipal tax sales, and to collect the money thus paid with the same damage and interest allowed individuals in similar cases under the general revenue laws of the state therein from the date of such payment, upon the redemption of lands from the drainage district sale.

SECTION 25. Section 51-31-133, Mississippi Code of 1972, is amended as follows:

51-31-133. The lists of lands sold by the tax collector to individuals and to the drainage district shall be made as required to be made by the state, county and municipal collector for state, county and municipal lands, and shall be filed with the clerk of the chancery court within ten (10) days after the tax sale. Each shall have the same force and effect, confer the same rights, and be entitled to the same remedies for redemption and otherwise as lists made for delinquent taxes by the state, county and municipal collector for state and county lands. But such title shall be subject to a title acquired under a sale for state and county taxes.

SECTION 26. Section 51-31-139, Mississippi Code of 1972, is amended as follows:

51-31-139. On petition of one-third (1/3) of the landowners owning one-half (1/2)of the land or one-half (1/2) of the landowners owning one-third (1/3) of the land located in any drainage district, the chancery court, if it be satisfied that the petition contains the percentage of the landowners as outlined above, shall set a date and place for a hearing on the matter and order notice given of the time and the place of said hearing, the same to be set in vacation or term time according to the order of the chancellor. The notice shall be given by three (3) weeks' publication in a newspaper published or having general circulation in the municipality or the county where the drainage district is located, and shall be directed substantially to the landowners, lienholders, bondholders, and all others interested in the drainage district referred to. Said notice shall be complete on the publication of the same in the said newspaper for three (3) consecutive weekly issues, the first notice to be at least three (3) weeks before the date of hearing. At the time and place fixed for the hearing or at any other time or place to which the same shall have been lawfully postponed by the chancellor, the said chancery court, if satisfied that the aforesaid conditions have been fulfilled and that all projects of said drainage district have been completed, shall transfer all the duties, power, and authority of any drainage commission or drainage commissioners and impose the same upon the governing authorities shall have charge of maintenance, repair, and upkeep of such completed construction project and shall make report of same annually to the chancery court of the county, but no additional compensation shall be allowed the governing authorities for the discharge of services hereby imposed. It is provided that on the making of the order of transfer, as above outlined, the compensation and authority of any drainage commissioner or set of drainage commissioners regarding any such drainage district, as above outlined, shall immediately cease on the signing of the decree of transfer above provided for.

It is distinctly provided that this section shall not apply in any manner whatsoever to drainage districts lying in two (2) or more counties of the state.

SECTION 27. Section 51-31-141, Mississippi Code of 1972, is amended as follows:

51-31-141. Any district which has heretofore been organized, including swamp land districts, or which may hereafter be organized under other statutes may become a district under the terms of this chapter as follows:

If a one-third (1/3) of the landowners owning a majority of the acreage or a majority of the landowners owning a one-third (1/3) of the acreage of real property within any such district shall petition the chancery court or chancellor in vacation to constitute them a drainage district under the terms hereof, the clerk of the chancery court shall give notice of the application by two (2) weeks' publication in some newspaper published and having a bona fide circulation in the municipality or the county or counties in which the lands of said district lie, stating the time when said petition will be heard and the object of said petition. All owners of real property within the district shall have the right to appear and contest the said petition, or support the same. The chancery court, or chancellor in vacation, shall hear the evidence and shall either grant the petition or deny the same, as he may deem it most advantageous to the property owners of the district and to the public benefit. If he grants the petition, the said district shall have all the rights and powers and be subject to all the obligations and provisions provided by the terms of this chapter. If the majority of the landholders or the majority of the owners of the acreage therein petition for the adoption of this chapter, the court or chancellor must make an order declaring that such district shall henceforth be governed by the terms of this chapter, and shall appoint commissioners according to its terms, who shall carry into effect without delay the proposed drainage improvements.

SECTION 28. This act shall take effect and be in force from and after July 1, 1999.