MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Ways and Means

By: Representatives Reeves, Whittington, Brown

AN ACT TO AMEND SECTION 21-33-503, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN REQUIREMENTS REGARDING PETITIONS FILED BY PROPERTY OWNERS FOR THE CREATION OF SPECIAL LOCAL IMPROVEMENT TAXING DISTRICTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-33-503, Mississippi Code of 1972, is amended as follows:

21-33-503. (1) The governing authority of a municipality is authorized to establish one or more special local improvement taxing districts and to levy and collect an annual special tax not to exceed six (6) mills against only that taxable real property that is included within each such district, provided that such a special tax shall not be levied or collected unless the governing authority (a) shall have adopted a resolution (i) designating an area a special local improvement taxing district and (ii) specifying the maximum millage to be levied on taxable real property in the district under this section, and (b) has received a petition in favor of the levy of such tax signed by the owners of a majority of the taxable real property in the proposed district. For purposes of this subsection, "owners" means those persons possessing a majority of the ownership interest in a piece of taxable real property.

(2) Such special tax levy shall be excluded from the limitations imposed under Section 27-39-321. Before adopting such resolution, the governing authority shall hold a public hearing with respect thereto after public notice by publication at least twice, once a week for two (2) consecutive weeks in a newspaper of general circulation in the municipality, with the first publication being not less than fourteen (14) calendar days before the date specified for such hearing, such notice to include the date, time and place of such hearing, the proposed boundaries of such special local improvement taxing district and the maximum special tax to be levied on property in such district under this section.

(3) The boundaries of the special local improvement taxing district shall not be modified and special taxes shall not be levied in excess of the maximum set forth in such resolution, unless:

(a) The governing authority shall have amended such resolution to reflect such modifications in the boundaries and tax levy;

(b) The governing authority has received a petition in favor of the levy of the special tax signed by owners, as that term is defined in subsection (1) of this section, of a majority of the taxable real property within the modified boundaries of the district; and

(c) A public hearing is held as provided in subsection (2) of this section. Any special local improvement taxing district established under this article may include any real property located within the corporate boundaries of the municipality.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.