MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Cuevas

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 19-5-192, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISTRICTS ORGANIZED UNDER SECTIONS 19-5-151 THROUGH 19-5-207, MISSISSIPPI CODE OF 1972, TO PROVIDE FUNDS FOR WATER SUPPLY AND/OR SEWER IMPROVEMENTS THROUGH ASSESSMENTS AGAINST LOTS, PARCELS OR TRACTS OF LAND IMPROVED; TO PROVIDE FOR THE MAKING AND COLLECTION OF ASSESSMENTS; TO PROVIDE FOR PUBLICATION AND PROTESTS OF ASSESSMENTS; TO PROHIBIT IMPROVEMENTS AND ASSESSMENTS IN CERTAIN CASES; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 19-5-192, Mississippi Code of 1972:

19-5-192. (1) Funds for making improvements in water supply or sewer systems, or both, may be provided by assessments upon the properties benefited according to procedures set forth in this section. For purposes of this section, "improvements" mean the construction of a new water or sewer system or the expansion or repair of an existing water supply or sewer system.

(2) It is the duty of the board of supervisors, at the time annual county tax levies are made, to levy those assessments as are certified to them by the board of commissioners of the district as being due and payable at a stated time. It is the duty of the tax collector of the county in which the district lies to collect those assessments and pay the funds collected to the board of commissioners of the district. Assessments levied under this section shall only be used for making improvements to a water supply or sewer system, or both.

(3) Funds may be provided by assessments assessed against a lot or block in a recorded subdivision of land or by other appropriately designated parcel or tract of land in accord with the following procedure:

(a) The board of commissioners of the district, after giving notice and hearing protests in the manner prescribed by Sections 21-41-5 and 21-41-7, Mississippi Code of 1972, shall by resolution spread upon its minutes the type of improvements to be made and the entire area to be benefited by each improvement. Each type of improvement may be designated as a project, or all improvements may be designated as one (1) project.

(b) If forty percent (40%) of the property owners actually residing on property owned by them and included within that area designated for the improvements shall file a protest, then the improvement shall not be made and the assessment shall not be made.

(c) Assessments shall be made in the manner provided in Sections 21-41-9 through 21-41-21, and 21-41-25 through 21-41-39, Mississippi Code of 1972; however assessments shall only be made against a lot or block in a recorded subdivision of land or by other appropriately designated parcel or tract of land and shall not be based upon front footage.

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