MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Municipalities

By: Representative Powell

House Bill 841

AN ACT TO AMEND SECTION 21-13-3, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT BEFORE A MUNICIPAL ORDINANCE THAT GRANTS UTILITY FRANCHISES OR THE RIGHT TO USE CERTAIN STREETS,  SUCH ORDINANCE MUST BE APPROVED BY A MAJORITY OF QUALIFIED ELECTORS IN THE MUNICIPALITY AND TO REMOVE THE REQUIREMENT THAT THE ORDINANCE BE READ, UNDER CERTAIN CIRCUMSTANCES, BY THE MUNICIPAL CLERK BEFORE THE ORDINANCE IS PASSED BY THE GOVERNING AUTHORITIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 21-13-3, Mississippi Code of 1972, is amended as follows:

     21-13-3.  (1)  The governing authorities of any municipality may provide by ordinance, order or resolution for the appropriation of monies for the operation of the municipal government, which monies shall be paid as provided for in any such ordinance, order or resolution.  However, any ordinance granting a franchise or any right to use or occupy the streets, highways, bridges or public places in the municipality for any purpose, except ordinances, resolutions or other actions for the immediate and temporary preservation of the public peace, health or safety, shall be introduced in writing at a regular meeting of the governing body of such municipality and shall thereafter remain on file with the municipal clerk for public inspection for at least two (2) weeks before the final passage or adoption thereof.  * * *Upon request of one or more members of the governing authorities, any such ordinance shall be read by the clerk before a vote is taken thereon.  In addition, every franchise or grant of any kind to use or occupy the street, highway, bridges, or other public places of such municipality to any interurban or street railway, railroad, gas works, water works, electric light or power plant, heating plant, telephone or telegraph system, or other public utility operating within such municipality must be approved by the passage of the ordinance granting same by a majority of the qualified electors of such municipality voting thereon at a general or special election.

     (2)  The vote on final passage of all municipal ordinances shall be taken by both "yeas" and "nays," which shall be entered on the minutes by the clerk.  A vote shall never be taken on any ordinance not previously reduced to writing.  Upon request of one or more members of the municipal governing authorities, any ordinance shall be read by the clerk before a vote is taken thereon.

     SECTION 2.  This act shall take effect and be in force from and after its passage.

---