House Bill 804

AN ACT TO AMEND SECTION 21-1-27, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALERS ON THE PROVISIONS REQUIRING THE GOVERNING AUTHORITIES OF CERTAIN MUNICIPALITIES TO CEDE CONTROL OVER ZONING AND SUBDIVISION REGULATIONS TO THE BOARD OF SUPERVISORS OF THE COUNTY IN WHICH THE TERRITORY TO BE ANNEXED IS LOCATED IF A CERTAIN NUMBER OF PEOPLE RESIDING IN THE TERRITORY ARE NOT INCLUDED IN THE PROPOSED ANNEXATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-1-27, Mississippi Code of 1972, is amended as follows:

21-1-27. (1) The limits and boundaries of existing cities, towns and villages shall remain as now established until altered in the manner hereinafter provided. When any municipality shall desire to enlarge or contract the boundaries thereof by adding thereto adjacent unincorporated territory or excluding therefrom any part of the incorporated territory of such municipality, the governing authorities of such municipality shall pass an ordinance defining with certainty the territory proposed to be included in or excluded from the corporate limits, and also defining the entire boundary as changed. In the event the municipality desires to enlarge such boundaries, such ordinance shall in general terms describe the proposed improvements to be made in the annexed territory, the manner and extent of such improvements, and the approximate time within which such improvements are to be made; such ordinance shall also contain a statement of the municipal or public services which such municipality proposes to render in such annexed territory. In the event the municipality shall desire to contract its boundaries, such ordinance shall contain a statement of the reasons for such contraction and a statement showing whereby the public convenience and necessity would be served thereby.

(2) (a) When any municipality having a population in excess of forty thousand (40,000) wherein is located a state-supported university and in which U.S. Highways 49 and 11 intersect and which has boundaries that lie within two (2) counties desires to enlarge its boundaries by adding adjacent unincorporated territory after January 1, 2016, the governing authorities of the municipality shall pass, in addition to the requirements provided in subsection (1), an ordinance:

(i) Certifying that more than fifty percent (50%) of the people who reside in the unincorporated area of the census block within the territory proposed to be annexed shall be included in the proposed annexation; or

(ii) Certifying that upon approval of the annexation, the municipality shall cede any authority to provide zoning and subdivision regulation to the board of supervisors of the county in which the territory is located, if fifty percent (50%) or fewer people who reside in the unincorporated area of the census block within such territory is included in the proposed annexation. If such authority is ceded, as provided under this subparagraph, then the governing authorities of the municipality * * * is are authorized to advise the board of supervisors of the county concerning such regulation; however, the ultimate authority regarding the regulation shall lie with the board of supervisors of the county.

This subsection (2) shall stand repealed from and after July 1, * * * ~~2019~~ 2022.

(3) For the purposes of this section, "census block" refers to certain geographic areas as designated by the latest federal decennial census preceding any annexation under this section.

This subsection (3) shall stand repealed from and after July 1, * * * ~~2019~~ 2022.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.