Senate Bill 2497

AN ACT TO AMEND SECTION 21-1-27, MISSISSIPPI CODE OF 1972, TO REQUIRE PROPOSED ANNEXATION OF CERTAIN UNINCORPORATED COMMUNITIES TO BE PUT TO A REFERENDUM BY THE COMMUNITY IF THE ANNEXING MUNICIPALITY DOES NOT PROVIDE A MAJORITY OF CRITICAL SERVICES; 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(2) [Repealed]

(3) [Repealed]

(4) (a) When any unincorporated community having a population in excess of nineteen thousand (19,000) in which Interstate 269 and Mississippi Highway 305 intersect and which has boundaries that lie within one (1) county is considered for annexation into a nearby municipality, the board of supervisors of the county shall, pursuant to certain conditions, take action in one (1) of the following ways:

(i) If the municipality seeking annexation provides not less than four (4) of the critical services defined in paragraph (c) of this subsection to the unincorporated community, the county board of supervisors shall allow the annexation to proceed; or

(ii) If the municipality seeking annexation does not provide four (4) or more critical services to the unincorporated community, the county board of supervisors shall call an election and allow voting members of the community to decide whether the annexation will proceed.

(b) When any unincorporated community having a population in excess of seven thousand (7,000) in which Highway 269 and Highway 305 intersect and which has boundaries that lie within one (1) county is considered for annexation into a nearby municipality, the board of supervisors of the county shall, pursuant to certain conditions, take action in one (1) of the following ways:

(i) If the municipality seeking annexation provides not less than four (4) of the critical services defined in paragraph (d) of this subsection to the unincorporated community, the county board of supervisors shall allow the annexation to proceed; or

(c) For purposes of this subsection (4), the term "critical services" shall mean the following: (i) fire protection; (ii) police-law enforcement protection; (iii) water; (iv) gas; (v) sewer; (vi) garbage collection; and (vii) emergency medical ambulance.

(d) Before any annexation described in paragraph (a)(ii) or (b)(ii) of this subsection is allowed to proceed, the board of supervisors shall adopt a resolution declaring its intention to implement such annexation, setting forth the boundaries of such annexation to be imposed, the date upon which such annexation shall become effective and calling for a referendum to be held on the question. The date of the election shall be the first Tuesday after the first Monday in November following the adoption of the resolution at the same time and manner as regular and special elections are held. Notice of such intention shall be published once each week for at least three (3) consecutive weeks in a newspaper published or having a general circulation in the county, with the first publication of such notice to be made not less than twenty-one (21) days before the date fixed in the resolution for the election and the last publication to be made not more than seven (7) days before the election. At the election, all qualified electors of the municipality and the territory to be annexed may vote, and the ballots used in such election shall have printed thereon a brief description of the territory proposed to be annexed and the words "FOR THE PROPOSED ANNEXATION" and on a separate line, "AGAINST THE PROPOSED ANNEXATION" and the voters shall vote by placing a cross (X) or check (ü) opposite their choice on the proposition. When the results of any such election shall have been canvassed by the election commission of the county and certified, the municipality may adopt an ordinance imposing the annexation to be effective on the first day of January following the election, if a majority of the qualified electors who vote in the election vote in favor of such annexation.

(e) This subsection (4) shall stand repealed from and after July 1, 2027.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.