House Bill 843

AN ACT TO REQUIRE EACH PUBLIC HEARING OR MEETING REQUIRED BY LAW TO BE HELD BY A COUNTY BOARD OF SUPERVISORS TO BEGIN AFTER 5:00 P.M. CENTRAL STANDARD TIME; TO AMEND SECTIONS 19-3-7, 19-3-9, 19-3-11, 19-3-13, 19-3-15, 19-3-19, 19-5-155, 19-5-219 AND 19-31-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 19-5-105, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE COUNTY TO HOLD A HEARING TO CLEAN CERTAIN PROPERTY WITHIN THE COUNTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Each public hearing or meeting required by law to be held by a county board of supervisors shall begin after 5:00 p.m. central standard time.

SECTION 2. Section 19-3-7, Mississippi Code of 1972, is amended as follows:

19-3-7. The members of the board of supervisors, having given bond and taken the oath of office, shall meet at the courthouse of their county, on the first Monday in January next succeeding the election after 5:00 p.m. central standard time, and shall organize by electing one (1) of their number to be president, and by electing one (1) of their number to be vice president, and, being so organized, and attended by the sheriff and clerk, the board may proceed to discharge its duties.

SECTION 3. Section 19-3-9, Mississippi Code of 1972, is amended as follows:

19-3-9. In case it be impracticable, in consequence of the prevalence of an epidemic at the county seat, or from other cause, for the board to meet on the first Monday in January succeeding the election, after 5:00 p.m. central standard time, then such meeting and organization shall take place as early as it may safely be had, on the call of any three (3) members-elect, and at such place as they may designate within the county, and for like cause any other meeting of the board of supervisors may be called by the president, or by the vice president in the absence or disability of the president, or any three (3) members, to meet at such place as they may designate within the county.

SECTION 4. Section 19-3-11, Mississippi Code of 1972, is amended as follows:

19-3-11. In counties having only one (1) court district, the board of supervisors shall hold regular meetings after 5:00 p.m. central standard time at the courthouse or in the chancery clerk's office in those counties where the chancery clerk's office is in a building separate from the courthouse. However, the board of supervisors may meet in any other county-owned building if such building is located within one (1) mile of the courthouse and if, more than thirty (30) days prior to changing the meeting place, the board posts a conspicuous, permanent notice to that effect in the chancery clerk's office and in one (1) other place in the courthouse, publishes notice thereof in a newspaper published in the county, or if there be no newspaper published in the county, then in a newspaper having general circulation in the county, once each week, for at least three (3) consecutive weeks, and enters an order upon its minutes designating and describing in full the building and room to be used as the meeting room of the board of supervisors. The board of supervisors shall meet on the first Monday of each month after 5:00 p.m. central standard time. However, when such meeting date falls on a legal holiday, then the said meeting shall be held on the succeeding day at the same time.

SECTION 5. Section 19-3-13, Mississippi Code of 1972, is amended as follows:

19-3-13. (1) In counties having two (2) court districts, the board of supervisors shall hold regular meetings on the first Monday of each month; and in such counties where only one (1) regular meeting of the board of supervisors is held in each month, the board of supervisors shall hold its first meeting in each year at the courthouse or in the chancery clerk's office, where the chancery clerk's office is in a building separate from the courthouse, of the first district, on the first Monday of January, and shall hold its second meeting at the courthouse or in the chancery clerk's office, where the chancery clerk's office is in a building separate from the courthouse, of the second district, on the first Monday of February, and shall alternate thereafter.

In counties having two (2) court districts, the board of supervisors may hold two (2) regular meetings in each month, and in such counties, where the board of supervisors elects to hold two (2) regular meetings in each month, the board of supervisors shall hold its first meeting in each month at the courthouse or in the chancery clerk's office, where the chancery clerk's office is in a building separate from the courthouse, of the first district, on the first Monday of each month, and shall hold its second meeting at the courthouse or in the chancery clerk's office, where the chancery clerk's office is in a building separate from the courthouse, of the second district, on the second Monday of each month.

If the board of supervisors in any such county shall elect to hold two (2) regular meetings in each month, as herein provided, the board shall enter an order upon its minutes to that effect and shall give at least five (5) days' notice thereof by posting copies of such notice at the courthouse door of each district, and after giving such notice the board shall hold regular meetings each month in each district as provided in this section.

However, in counties having two (2) court districts where the board of supervisors has heretofore pursuant to law elected to hold two (2) regular meetings a month, the board of supervisors may continue to hold two (2) such regular meetings each month, as heretofore provided for, and no further order or notice of such meetings shall be required.

Moreover, in those counties having two (2) judicial districts, where the act creating the two (2) districts provides otherwise, the board of supervisors may continue to hold regular meetings as required by the act creating the two (2) districts.

When any such meeting date falls on a legal holiday, then the said meeting shall be held on the succeeding day.

(2) Each meeting required by this section shall be held after 5:00 p.m. central standard time.

SECTION 6. Section 19-3-15, Mississippi Code of 1972, is amended as follows:

19-3-15. In Harrison County, a county having two (2) judicial districts, the board of supervisors shall hold their meetings or sessions at the time required by Section 1, House Bill No. , 2011 Regular Session, alternately at Gulfport and Biloxi, respectively, at the seats of justice of the judicial districts, holding their first meeting or session as to the second judicial district, at Gulfport and their jurisdiction shall extend over the entire county at all times, just as if it were not divided into two (2) separate districts.

SECTION 7. Section 19-3-19, Mississippi Code of 1972, is amended as follows:

19-3-19. The board of supervisors may, at a regular meeting, by an order on its minutes, adjourn to meet at any time after 5:00 p.m. central standard time. The president, or the vice president in the absence or disability of the president, or any three (3) members of the board, may call special meetings when deemed necessary. Notice shall be given of all special meetings, for at least five (5) days, by advertisement posted at the courthouse door, or published in a newspaper of the county, and the notice thereof, whether posted or published in a newspaper, shall be entered in full on the minutes of said meeting. However, in cases of emergency arising as a result of serious damage to county property, or to roads or bridges, or as a result of epidemic, or where immediate action is required for the repair or reconstruction of county roads or bridges, special meetings of the board of supervisors may be called, as provided herein, for the purpose of considering such emergency matters and taking appropriate action with reference thereto, upon twenty-four-hour notice given to each member of the board of supervisors in person, or by leaving a copy thereof at his usual place of residence. The order providing for an adjourned meeting, and the notice of a special meeting, shall specify each matter of business to be transacted thereat, and at such adjourned or special meetings business shall not be transacted which is not specified in the order or notice for such meeting.

SECTION 8. Section 19-5-155, Mississippi Code of 1972, is amended as follows:

19-5-155. Upon the filing of such petition, or upon the adoption of a resolution declaring the intent of the board of supervisors to incorporate such district, it shall then be the duty of the board of supervisors of such county to fix a time in accordance with Section 1, House Bill No. , 2011 Regular Session and place for a public hearing upon the question of the public convenience and necessity of the incorporation of the proposed district. The date fixed for such hearing shall be not more than thirty (30) days after the filing of the petition, and the date of the hearing, the place at which it shall be held, the proposed boundaries of said district, and the purpose of the hearing, shall be set forth in a notice to be signed by the clerk of the board of supervisors of such county. Such notice shall be published in a newspaper having general circulation within such proposed district once a week for at least three (3) consecutive weeks prior to the date of such hearing. The first such publication shall be made not less than twenty-one (21) days prior to the date of such hearing and the last such publication shall be made not more than fourteen (14) days prior to the date of such hearing.

If, at such public hearing, the board of supervisors finds (1) that the public convenience and necessity require the creation of the district, and (2) that the creation of the district is economically sound and desirable, the board of supervisors shall adopt a resolution making the aforesaid findings and declaring its intention to create the district on a date to be specified in such resolution. Such resolution shall also designate the name of the proposed district, define its territorial limits which shall be fixed by said board pursuant to such hearing, and state whether or not the board of supervisors shall levy the tax authorized in

Section 19-5-189, Mississippi Code of 1972, and whether or not the board of supervisors proposes to assess benefited properties as outlined in Section 19-5-191, Mississippi Code of 1972.

SECTION 9. Section 19-5-219, Mississippi Code of 1972, is amended as follows:

19-5-219. Upon the filing of such petition, or upon the adoption of a resolution declaring the intent of the board of supervisors to incorporate such district, it shall then be the duty of the board of supervisors of such county to fix a time in accordance with Section 1, House Bill No. , 2011 Regular Session and place for a public hearing upon the question of the public convenience and necessity of the incorporation of the proposed district solely for fire protection grading purposes. The date fixed for such hearing shall be not more than thirty (30) days after the filing of the petition, and the date of the hearing, the place at which it shall be held, the proposed boundaries of the district and the purpose of the hearing shall be set forth in a notice to be signed by the clerk of the board of supervisors of such county. Such notice shall be published in a newspaper having general circulation within such proposed district once a week for at least three (3) consecutive weeks before the date of such hearing. The first such publication shall be made not less than twenty-one (21) days before the date of such hearing and the last such publication shall be made not more than fourteen (14) days before the date of such hearing.

If, at such public hearing, the board of supervisors finds that the public convenience and necessity require the creation of the fire protection grading district to enable the Mississippi State Rating Bureau to grade the district according to its fire insurance grading schedule, the board of supervisors shall adopt a resolution making such findings and declaring its intention to create the district on a date to be specified in such resolution. Such resolution shall also designate the name of the proposed district and define its territorial limits, which shall be fixed by the board in accordance with such hearing.

SECTION 10. Section 19-31-7, Mississippi Code of 1972, is amended as follows:

19-31-7. (1) The method for the establishment of a public improvement district shall be pursuant to an ordinance adopted by the governing body of each county in which the land is located granting a petition for the establishment of a public improvement district. The petition for the establishment of a public improvement district shall be filed by the petitioner with the governing body of the county or counties. The petition shall contain:

(a) A description of the boundaries of the district;

(b) The written consent to the establishment of the district by all landowners in the district;

(c) A designation of five (5) persons to be the initial members of the board of directors, who shall serve in that office until replaced by elected members as provided in this chapter;

(d) The proposed name of the district;

(e) A map of the proposed district showing existing infrastructure, if any; and

(f) Based upon available data, the proposed timetable for construction of the district services and the estimated cost of constructing the proposed services.

(2) A public hearing on the petition shall be conducted by the governing body of each county of the proposed district within forty-five (45) days after the petition is filed unless an extension of time is requested by the petitioners and granted by the governing body of each county. The hearing shall be held after 5:00 p.m. central standard time and at an accessible location in each county in which the public improvement district is to be located. The petitioner shall cause a notice of the hearing to be published in a newspaper having general circulation in each county at least once a week for the four (4) successive weeks immediately prior to the hearing. Such notice shall give the time and place for the hearing, a description of the area to be included in the district, and any other relevant information which the establishing governing bodies may require. The advertisement shall be published in the official minutes of the local governing body.

(3) The governing body of each county shall consider the record of the public hearing and any other relevant factors in making its determination to grant or deny a petition for the establishment of a public improvement district.

(4) An ordinance establishing a public improvement district shall include the boundaries of the district, the names of the five (5) persons designated to be the initial members of the board of directors of the district and the name of the district.

(5) If all of the land in the area for the proposed district is within the territorial jurisdiction of a municipality, then the petition requesting establishment of a public improvement district under this chapter shall be filed by the petitioner with that particular municipality. In such event, the duties of the county with regard to the petition shall be the duties of the municipality. If any of the land area of a proposed district is within the land area of a municipality, the governing body of the county may not create the district without the approval of the municipality.

(6) The governing body of any governmental agency, county and/or municipality may enter into contribution agreements with the district.

SECTION 11. Section 19-5-105, Mississippi Code of 1972, is brought forward as follows:

19-5-105. The board of supervisors of any county is hereby authorized and empowered on its own motion, or upon the receipt of a petition requesting the board of supervisors to so act signed by a majority of the residents eighteen (18) years of age or older, residing upon any street or alley, or the reasonable proximity thereto, within seven hundred fifty (750) feet of the precise location of the alleged menace situated on any parcel of land which is located in a populated area or in a housing subdivision and alleged to be in need of cleaning, to give notice to the property owner by United States registered mail, return receipt requested, receipted by addressee only, three (3) weeks before the date of a hearing, or if the property owner be unknown or his address unknown, then by three (3) weeks' notice in a newspaper having a general circulation in the county, of a hearing to determine whether or not any parcel of land is in such a state of uncleanliness as to be a menace to the public health and safety of the community. If at such hearing the board of supervisors shall in its resolution adjudicate such a parcel of land in its then condition to be a menace to the public health and safety of the community, the board of supervisors may, if the owner not do so himself, proceed to have the land cleaned by cutting weeds, filling cisterns, and removing rubbish, dilapidated fences, outside toilets, dilapidated buildings and other debris, and draining cesspools and standing water therefrom. Thereafter, the board of supervisors may at its next regular meeting by resolution adjudicate the actual cost of cleaning the said lot and the cost shall become an assessment against the same. However, the action herein authorized shall not be undertaken against any one (1) parcel of land more than twice in any one (1) calendar year, and the expense of cleaning of said lot shall not exceed the amount of Ten Thousand Dollars ($10,000.00) in any one (1) calendar year.

The assessment above provided for shall be a lien against said property and may be enrolled in the office of the circuit clerk of the county as other judgments are enrolled, and the tax collector of the county shall, upon order of the board of supervisors, proceed to sell said land to satisfy said lien as now provided by law for the sale of lands for delinquent taxes. Furthermore, the property owner whose land has been sold pursuant to this section shall have the same right of redemption as now provided by law for the sale of lands for delinquent taxes. All decisions rendered under the provisions of this section may be appealed in the same manner as other appeals from county boards are taken.

SECTION 12. This act shall take effect and be in force from and after October 1, 2011.