House Concurrent Resolution 3

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, TO CREATE A NEW SECTION TO REQUIRE A SPECIAL ELECTION TO BE HELD IN THE PROPOSED ANNEXED AREA OF A COUNTY BEFORE THE GOVERNING AUTHORITIES OF A MUNICIPALITY OF THE COUNTY MAY ENLARGE THE CORPORATE BOUNDARIES OF THE MUNICIPALITY; TO PRESCRIBE THE PROCEDURE FOR CONDUCTING SUCH AN ELECTION; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend the Mississippi Constitution of 1890 by creating a new section to read as follows:

"Section . (1) If the governing authorities of any municipality desire to enlarge the boundaries thereof by adding adjacent unincorporated territory, the governing authorities of such municipality shall pass a resolution defining with certainty the territory proposed to be included in the corporate limits, and also defining the entire boundary as changed. The resolution shall describe in general terms the proposed improvements to be made in the annexed territory, the manner and extent of the improvements, and the approximate time within which the improvements are to be made. The resolution also shall contain a statement of the municipal or public services that such municipality proposes to render in the annexed territory.

(2) After the passage of the resolution, the board of supervisors of the county in which the territory proposed to be annexed is located shall hold a special election on the question of the proposed annexation. The election shall be held within sixty (60) days after passage of the municipal resolution. Notice of the election shall be published in a newspaper having a general circulation in the territory of the county proposed to be annexed once a week for three (3) consecutive weeks before the election, and the first publication shall be made not less than twenty-one (21) days before the election. The election shall be held in the same manner as are other county elections. Only those electors residing in the proposed annexed area may vote in the election. A majority of those voting in the election must vote in favor of the proposed annexation in order for the annexation to be approved. The results of the election shall be certified by the election commissioners of the county and shall be the final decision on the issue of annexation. If there are no qualified electors residing in the area proposed to be annexed, then no election shall take place and the annexation proceedings shall take place in accordance with the laws and statutes that were in effect immediately before the adoption of this amendment.

(3) No election may be held on the question of annexation in a county or municipality more often than once each three (3) years.

(4) The provisions of this section shall be self-executing and shall govern the manner and procedure for authorizing annexation of additional territory by a municipality notwithstanding the provisions of any general law or statute to the contrary.

(5) The provisions of this section shall be applicable to any municipal annexation proceedings begun on or after January 1, 2005, as well as to such proceedings that began before such date which may be still pending in any judicial proceeding or appeal of such proceeding."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November of 2004, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that before the governing authorities of a municipality may enlarge the corporate limits of the municipality, a special election must be held approving the annexation in the territory proposed to be annexed. The amendment also prescribes the procedure for conducting the election."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.