MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Local and Private Legislation
By: Representative Robinson (84th), Snowden, Young
AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF MERIDIAN, MISSISSIPPI, TO ENTER INTO AGREEMENTS WITH DEVELOPERS TO PROVIDE THAT IF A DEVELOPER AGREES TO CONSTRUCT AND DEVELOP ANY SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AS PART OF A SUBDIVISION OR OTHER DEVELOPMENT PLAN APPROVED BY THE GOVERNING AUTHORITIES INSIDE THE CITY, THEN THE GOVERNING AUTHORITIES MAY REIMBURSE THE DEVELOPER FOR A PORTION OF THE COSTS INCURRED BY THE DEVELOPER IN CONSTRUCTING AND INSTALLING INFRASTRUCTURE IMPROVEMENTS AS PART OF ANY SUCH RESIDENTIAL DEVELOPMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words shall have the meanings ascribed to them in this section unless otherwise clearly indicated by the context in which they are used:
(a) "City" means the City of Meridian, Mississippi.
(b) "Developer" means any person, corporation, partnership or other entity engaged in the business of constructing and developing single-family residential real property dwellings as part of a subdivision or other development plan approved by the governing authorities.
(c) "Governing authorities" means the governing authorities of the City of Meridian, Mississippi.
(d) "Infrastructure improvements" means water improvements and sewer improvements such as water lines, sewer lines, and any other improvements designated as such by ordinance of the governing authorities, which improvements are designed and constructed in accordance with specifications and any other requirements of the city, and which improvements become public property of the city.
(e) "Residential development" means the construction and development of single-family residential real property dwellings as part of a subdivision or other development plan approved by the governing authorities.
SECTION 2. (1) The governing authorities may enter into any contract or other form of agreement with a developer to provide that if the developer agrees to construct and develop any residential development inside the corporate boundaries of the city, then the governing authorities may reimburse the developer for a portion, not to exceed twenty-five percent (25%), of the costs incurred by the developer in constructing and installing infrastructure improvements as part of any such residential development. However, if the new dwellings constructed as part of the residential development have an average sale price of One Hundred Twenty-five Thousand Dollars ($125,000.00) or less, then the governing authorities may reimburse the developer for not more than thirty percent (30%) of the costs incurred by the developer in constructing and installing infrastructure improvements as part of the residential development. No reimbursements shall be paid from funds derived from water and sewer services if such payments will result in a rate increase for water and sewer services for existing customers. No reimbursement shall be made to any developer unless the governing authorities shall have approved the developer's request for eligibility for such reimbursement prior to the time the actual construction of the infrastructure improvements shall have commenced. Uniform eligibility standards shall be established by resolution of the governing authority.
(2) Any contract entered into between the governing authorities and a developer under this act may be subject to any terms and conditions accepted and agreed upon by the governing authorities and the developer and shall not be subject to the provisions of Section 31-7-1 et seq., or any other law regarding public contracts.
SECTION 3. This act shall take effect and be in force from and after its passage.