MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Municipalities

By: Senator(s) Carter

AN ACT TO AMEND SECTION 21-19-13, MISSISSIPPI CODE OF 1972, TO GRANT ADDITIONAL MUNICIPALITIES THE AUTHORITY TO CLEAR DRAINAGE DITCHES ON PUBLIC OR PRIVATE PROPERTY; TO AMEND SECTION 51-35-305, MISSISSIPPI CODE OF 1972, TO GRANT ADDITIONAL MUNICIPALITIES THE AUTHORITY TO ORGANIZE FLOOD AND DRAINAGE CONTROL DISTRICTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-19-13, Mississippi Code of 1972, is amended as follows:

21-19-13. The governing authorities of municipalities shall have the power to establish, alter and change the channels of streams or other water courses, and to bridge the same, whenever so to do will promote the health, comfort and convenience of the inhabitants of such municipality. However, when the cost thereof will exceed an amount equal to one-fourth (1/4) of the taxes of the preceding year levied for general revenue purposes, the work shall not be authorized until the ordinance providing therefor shall be submitted to and ratified by a majority of the legal voters of the municipality. Whenever a majority of the legal voters of any municipality shall authorize the work as aforesaid, the bonds to raise money for such work shall be issued by such municipality in accordance with the provisions of this title.

The governing authorities of any municipality with a population of ten thousand (10,000) or more according to the most recent federal census shall also have the power and authority to incur costs and pay necessary expenses in providing labor, materials and supplies to clean or clear drainage ditches, creeks or channels, whether on public or private property, and to incur costs and pay necessary expenses in providing labor, materials and supplies in order to prevent erosion where such erosion has been caused or will be caused by such drainage ditches, creeks or channels. This paragraph shall not impose any obligation or duty upon the municipality and shall not create any additional rights for the benefit of any owner of public or private property.

SECTION 2. Section 51-35-305, Mississippi Code of 1972, is amended as follows:

51-35-305. Flood and drainage control districts may now or hereafter be organized in this state under the provisions of this article, in the manner hereinafter provided, whenever any part of such district lies wholly or partially in or adjacent to any part of a municipality having a population of ten thousand (10,000) or more inhabitants at the time of the filing of the petition to create such district. For the purposes of determining population of any municipality, the last completed census prior to the filing of such petition shall be presumed to be the population of such municipality at the time of the filing of such petition. Each flood and drainage control district shall be an agency of the state and a body politic and corporate, and may be composed of one or more entire municipalities or a part or parts thereof, one or more entire counties or a part or parts thereof, or any combination of counties and municipalities or a part or parts thereof.

SECTION 3. This act shall take effect and be in force from and after its passage.