Bill Text: MS SB2712 | 2024 | Regular Session | Introduced
Bill Title: Counties and municipalities; modernize and simplify notice publication process for.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2712 Detail]
Download: Mississippi-2024-SB2712-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: County Affairs; Municipalities
By: Senator(s) Simmons (12th)
Senate Bill 2712
AN ACT TO AMEND SECTIONS 17-3-3, 17-5-1, 17-5-7, 17-11-37, 17-11-45, 17-17-107, 17-17-109, 17-17-227, 17-17-237, 17-17-309, 17-17-311, 17-17-329, 17-17-337, 17-17-348, 17-18-17, 17-21-53, 19-3-1, 19-3-11, 19-3-19, 19-3-33, 19-3-35, 19-3-67, 19-3-79, 19-5-9, 19-5-21, 19-5-23, 19-5-81, 19-5-92.1, 19-5-155, 19-5-157, 19-5-189, 19-5-199, 19-5-207, 19-5-219, 19-5-221, 19-7-3, 19-7-21, 19-9-11, 19-9-13, 19-9-27, 19-9-111, 19-9-114, 19-11-7, 19-13-53, 19-15-3, 19-23-5, 19-27-31, 19-29-7, 19-29-9, 19-29-18, 19-29-33, 19-31-7, 19-31-9, 19-31-23, 19-31-39, 21-1-7, 21-1-15, 21-3-7, 21-5-15, 21-13-11, 21-17-1, 21-17-9, 21-17-11, 21-17-17, 21-17-19, 21-19-2, 21-19-13, 21-19-20, 21-19-25, 21-19-51, 29-19-61, 21-25-21, 21-27-33, 21-27-43, 21-29-203, 21-33-29, 21-33-47, 21-33-89, 21-33-207, 21-33-307, 21-33-553, 21-35-5, 21-35-25, 21-35-31, 21-38-9, 21-41-5, 21-41-13, 21-41-51, 21-43-9 AND 21-43-117, MISSISSIPPI CODE OF 1972, TO MODERNIZE AND SIMPLIFY THE NOTICE PUBLICATION PROCESS FOR COUNTIES AND MUNICIPALITIES AND TO REQUIRE PUBLICATION OF NOTICE IN A NEWSPAPER FOR INSTANCES INVOLVING LEVYING OF TAXES; TO BRING FORWARD SECTION 21-39-3, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-3-3, Mississippi Code of 1972, is amended as follows:
17-3-3. Advertising pursuant to Section 17-3-1 shall include newspaper and magazine advertising and literature, publicity, expositions, public entertainment or other form of advertising or publicity, including advertising on a county or municipality website or official social media page, which in the judgment of such board or boards will be helpful toward advancing the moral, financial and other interests of such municipality or county; however, such advertising shall not include advertisements in publications sponsored by political parties, political committees or affiliated organizations, as such terms are defined in Section 23-15-801.
SECTION 2. Section 17-5-1, Mississippi Code of 1972, is amended as follows:
17-5-1. (1) The board of
supervisors of any county of the state and the governing authorities of any
municipality within such county may enter into a contract for the joint construction,
expansion, remodeling and/or maintenance and equipping of a jail in such
municipality, or within one (1) mile of the corporate limits thereof, and may
issue bonds of both the county and such municipality in the manner provided by
general statutes for the issuance of county and municipal bonds for such
purposes, provided that in no event shall the municipality bear over fifty
percent (50%) of the cost of constructing, expanding, remodeling and/or
maintaining and equipping such jail. Such contract or future contracts may
provide for the continued joint use of equipping, repairing, reconstructing and
remodeling of such jail. Before issuing any bonds for the purposes herein set
forth, the board of supervisors and the governing authorities of such municipality
shall adopt a joint resolution declaring their intention to issue the same,
which resolution shall state the amount and purposes of the bonds to be issued,
and shall fix the date upon which action will be taken to provide for the
issuance of such bonds. Said resolution shall be published once a week for at
least three (3) consecutive weeks either in a newspaper published in the
county or by a link to such resolution posted on the county or municipality's
website or, if the county or municipality does not have a website, its official
social media webpage. The first publication of such notice * * * shall be made not less than twenty-one
(21) days prior to the date fixed in such resolution, and the last
publication * * *
shall be made not more than seven (7) days prior to such date. If
twenty percent (20%) or fifteen hundred (1500), whichever is less, of the
qualified electors of the county and municipality, respectively, shall file a
written protest against the issuance of such bonds on or before the date
specified in such resolution, then an election upon the issuance of such bonds
shall be called and held, and in such case such bonds or other evidences of
indebtedness shall not be issued unless same are authorized by the affirmative
vote of a majority of the qualified electors of said county and municipality,
respectively, who vote on the proposition at such election. Notice of such
election shall be given by publication in like manner as is provided for the
publication of the initial resolution, and said election shall be called, held
and conducted and the returns thereof made, canvassed and declared in the same
manner as provided by Section 19-9-1 et seq., and Section 21-33-301 et seq., respectively.
If no such petition be filed protesting against the issuance of said bonds,
then the said board of supervisors and the governing authorities of the municipality
shall have the authority to issue said bonds without an election.
(2) If the board of supervisors of a county and the governing authorities of a municipality enter into an agreement under the Regional Economic Development Act or an intergovernmental agreement approved by the Attorney General for the operation of a county jail, such county jail may be located outside the corporate limits of the municipality and is not subject to location restrictions in subsection (1).
SECTION 3. Section 17-5-7, Mississippi Code of 1972, is amended as follows:
17-5-7. Bonds authorized and issued pursuant to the provisions of Sections 17-5-3 through 17-5-11 may be issued in one or more series, may bear such date or dates, shall mature serially, not later than three years from the date thereof, at such time or times, not exceeding forty years from their respective dates, may bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semi-annually, may be in such denomination, may be in such form, either coupon or registered, may be payable at such place or places, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment at such place or places, may be subject to such terms of redemption, with or without premium, and may be declared or become due before the maturity date thereof, as may be provided by the resolution authorizing their issuance. Such bonds and any interest coupons appertaining thereto shall be executed in accordance with the resolution providing for their authorization and issuance. Bonds issued under Sections 17-5-3 through 17-5-11 bearing the signatures of officers in office on the date of the signing thereof, as well as any interest coupons appertaining thereto, shall be valid and binding obligations, notwithstanding that before the delivery thereof any or all of the persons whose signatures or facsimile signatures appearing thereon shall have ceased to be officers of the county issuing the same. Bonds issued pursuant to the provisions of Sections 17-5-3 through 17-5-11 shall be negotiable for all purposes and shall possess all the qualities of a negotiable instrument. Bonds authorized and issued under the provisions of Sections 17-5-3 through 17-5-11 shall be sold and delivered only to the lowest bidder at public sale after notice thereof has been published in accordance with a motion, order, or resolution of the county proposing their issuance and sale, which notice shall be published at least one time, not less than ten days prior to the date fixed for the holding of such public sale, either in a daily newspaper published and circulating in the State of Mississippi or by a link to such notice posted on the county or municipality's website or, if the county or municipality does not have a website, its official social media page. Any such bonds may be sold to the United States of America at private sale in furtherance of any loan or grant contract which may be entered into by and between the county proposing to issue such bonds and the United States. The said bonds shall not be sold for less than their par value plus accrued interest.
SECTION 4. Section 17-11-37, Mississippi Code of 1972, is amended as follows:
17-11-37. The governing
body of the district, county or city shall adopt a resolution declaring its
intention to issue bonds for the purposes authorized by this chapter, stating
the amount of the bonds proposed to be issued, whether such bonds are revenue
bonds or general obligation bonds, and the date upon which further action will
be taken by the governing body looking forward to the issuance of such bonds. Such
resolution shall be published * * *
either in a newspaper published and of general circulation within such
county or city once a week for at least three (3) successive weeks, or
by a link to such resolution posted on the district's, county's or municipality's
website or, if the district, county or municipality does not have a website, its
official social media webpage to remain available to the public for at least three
(3) successive weeks. The first of such publications shall be made at least
twenty-one (21) days prior to the date set forth in said resolution as
the date upon which further action will be taken by the governing body, and the
last publication shall be made not more than seven (7) days prior to
said date. If, prior to the date set forth as aforesaid, there shall be filed
with the clerk of such governing body a petition in writing signed by ten percent
(10%) of the qualified electors of such regional area, county or city thereof,
or fifteen hundred (1500) qualified electors, whichever shall be the lesser number,
requesting an election on the question of the issuance of such bonds, then such
bonds shall not be issued unless authorized by a majority of the qualified electors
in such regional area, county or city voting thereon at an election to be ordered
by the governing body for that purpose. Notice of such election shall be given
and such election shall be held and conducted in like manner as provided by law
with respect to elections held on the submission of county or city bond issues.
If the proposition so submitted shall fail to receive approval at such election,
then no further proceedings for the issuance of such bonds shall be taken for a
period of six (6) months from and after the date of such election. If,
however, no such petition shall be filed, or if such election or subsequent
election on such proposition shall be assented to by a majority of the qualified
electors voting thereon, then such governing body shall be authorized to
proceed with the issuance of such bonds without further election.
SECTION 5. Section 17-11-45, Mississippi Code of 1972, is amended as follows:
17-11-45. The governing body
or bodies issuing bonds under this chapter shall sell such bonds in such manner
and for such price as it or they may determine to be for the best interest of
said governing body or bodies. No such sale shall be made at a price less than
par plus accrued interest to date of delivery of the bonds of the purchaser. Notice
of the sale of any such bonds shall be published at least one (1) time
not less than ten (10) days prior to the date of sale * * *. Notice shall be published either
in a newspaper published in and having general circulation within such regional
area, county or city or by a link to such notice posted on the district's, county's
or municipality's website or, if the district, county or municipality does not have
a website, its official social media webpage.
SECTION 6. Section 17-17-107, Mississippi Code of 1972, is amended as follows:
17-17-107. Before issuing any
revenue bonds hereunder, the governing body of any municipality shall adopt a
resolution declaring its intention to so issue, stating the amount of bonds
proposed to be issued, the purpose for which the bonds are to be issued, and
the date upon which the governing body proposes to direct the issuance of such
bonds. Such resolution shall be published * * *
either in at least one (1) newspaper published in the county in which
such municipality is located once a week for at least three (3) consecutive
weeks or by a link to such resolution posted on the municipality's website or, if
the municipality does not have a website, its official social media webpage to remain
available to the public for the duration of three (3) consecutive weeks. The
first publication of such resolution shall be made not less than twenty-one
(21) days prior to the date fixed in such resolution for the issuance of the
bonds and the last publication shall be made not more than seven (7) days prior
to such date. If no newspaper be published in such county and no such website
exists, then such notice shall be given by publishing the resolution for
the required time in some newspaper having a general circulation in such county,
and, in addition, by posting a copy of such resolution for at least twenty-one
(21) days next preceding the date fixed therein at three (3) public places in
such county. If twenty percent (20%) or fifteen hundred (1500), whichever is
less, of the qualified electors of the municipality shall file a written
protest against the issuance of such bonds on or before the date specified in
such resolution, then an election on the question of the issuance of such bonds
shall be called and held as herein provided. If no such protest be filed, then
such bonds may be issued without an election at any time within a period of two
(2) years after the date specified in the above-mentioned resolution. However,
the governing body of such municipality, in its discretion, may nevertheless call
an election on the question of the issuance of the bonds, in which event it shall
not be necessary to publish the resolution declaring its intention to issue
bonds as herein provided.
SECTION 7. Section 17-17-109, Mississippi Code of 1972, is amended as follows:
17-17-109. Where an
election is to be called as provided in Section 17-17-107, notice of such
election shall be signed by the clerk of the governing body of any municipality
and shall be published either once a week for at least three (3) consecutive
weeks * * * in at
least one (1) newspaper published in such county or by a link to such notice
of election posted on the municipality's website or, if the municipality does not
have a website, its official social media webpage to remain available to the public
for the duration of three (3) consecutive weeks. The first publication of
such notice shall be made not less than twenty-one (21) days prior to the date
fixed for such election and the last publication shall be made not more than
seven (7) days prior to such date. If no newspaper is published in such
county, then such notice shall be given by publishing the same for the required
time in some newspaper having a general circulation in such county and, in
addition, by posting a copy of such notice for at least twenty-one (21) days
next preceding such election at three (3) public places in such county.
SECTION 8. Section 17-17-227, Mississippi Code of 1972, is amended as follows:
17-17-227. (1) Each county, in cooperation with municipalities within the county, shall prepare, adopt and submit to the commission for review and approval a local nonhazardous solid waste management plan for the county. Each local nonhazardous solid waste management plan shall include, at a minimum, the following:
(a) An inventory of the sources, composition and quantities by weight or volume of municipal solid waste annually generated within the county, and the source, composition and quantity by weight or volume of municipal solid waste currently transported into the county for management;
(b) An inventory of all existing facilities where municipal solid waste is currently being managed, including the environmental suitability and operational history of each facility, and the remaining available permitted capacity for each facility;
(c) An inventory of existing solid waste collection systems and transfer stations within the county. The inventory shall identify the entities engaging in municipal solid waste collection within the county;
(d) A strategy for achieving a twenty-five percent (25%) waste reduction goal through source reduction, recycling or other waste reduction technologies;
(e) A projection, using acceptable averaging methods, of municipal solid waste generated within the boundaries of the county over the next twenty (20) years;
(f) An identification of the additional municipal solid waste management facilities, including an evaluation of alternative management technologies, and the amount of additional capacity needed to manage the quantities projected in paragraph (e);
(g) An estimation of development, construction, operational, closure and post-closure costs, including a proposed method for financing those costs;
(h) A plan for meeting any projected capacity shortfall, including a schedule and methodology for attaining the required capacity;
(i) A determination of need by the county, municipality, authority or district that is submitting the plan, for any new or expanded facilities. A determination of need shall include, at a minimum, the following:
(i) Verification that the proposed facility meets needs identified in the approved local nonhazardous solid waste management plan which shall take into account the quantities of municipal solid waste generated and the design capacities of existing facilities;
(ii) Certification that the proposed facility complies with local land use and zoning requirements, if any;
(iii) Demonstration, to the extent possible, that operation of the proposed facility will not negatively impact the waste reduction strategy of the county, municipality, authority or district that is submitting the plan;
(iv) Certification that the proposed service area of the proposed facility is consistent with the local nonhazardous solid waste management plan; and
(v) A description of the extent to which the proposed facility is needed to replace other facilities; and
(j) Any other information the commission may require.
(2) Each local nonhazardous solid waste management plan may include:
(a) The preferred site or alternative sites for the construction of any additional municipal solid waste management facilities needed to properly manage the quantities of municipal solid waste projected for the service areas covered by the plan, including the factors which provided the basis for identifying the preferred or alternative sites; and
(b) The method of implementation of the plan with regard to the person who will apply for and acquire the permit for any planned additional facilities and the person who will own or operate any of the facilities.
(3) Each municipality shall cooperate with the county in planning for the management of municipal solid waste generated within its boundaries or the area served by that municipality. The governing authority of any municipality which does not desire to be included in the local nonhazardous solid waste management plan shall adopt a resolution stating its intent not to be included in the county plan. The resolution shall be provided to the board of supervisors and the commission. Any municipality resolving not to be included in a county waste plan shall prepare a local nonhazardous solid waste management plan in accordance with this section.
(4) The board of supervisors of any county may enter into interlocal agreements with one or more counties as provided by law to form a regional solid waste management authority or other district to provide for the management of municipal solid waste for all participating counties. For purposes of Section 17-17-221 through Section 17-17-227, a local nonhazardous solid waste management plan prepared, adopted, submitted and implemented by the regional solid waste management authority or other district is sufficient to satisfy the planning requirements for the counties and municipalities within the boundaries of the authority or district.
(5) (a) Upon completion of
its local nonhazardous solid waste management plan, the board of supervisors of
the county shall publish a public notice that describes the plan, specifies the
location where it is available for review, and establishes a period of thirty (30)
days for comments concerning the plan and a mechanism for submitting those comments.
Public notice should be published either in at least one (1) newspaper as defined
in Section 13-3-31, having general circulation within the county * * *
or by a link to such resolution posted on the county's website or, if the county
does not have a website, its official social media page. The board of supervisors
shall also notify the board of supervisors of adjacent counties of the plan and
shall make it available for review by the board of supervisors of each adjacent
county. During the comment period, the board of supervisors of the county shall
conduct at least one (1) public hearing concerning the plan. The board of supervisors
of the county shall publish * * * a notice conspicuously displayed containing
the time and place of the hearing and the location where the plan is available for
review either in at least one (1) newspaper as defined in Section 13-3-31, having
general circulation within the county * * *
twice or by a link posted on the county's website or, if the county does not
have a website, its official social media webpage to remain available to the public
for the duration of two (2) weeks.
(b) After the public hearing, the board of supervisors of the county may modify the plan based upon the public's comments. Within ninety (90) days after the public hearing, each board of supervisors shall approve a local nonhazardous solid waste management plan by resolution.
(c) A regional solid waste management authority or other district shall declare the plan to be approved as the authority's or district's solid waste management plan upon written notification, including a copy of the resolution, that the board of supervisors of each county forming the authority or district has approved the plan.
(6) Upon ratification of the plan, the governing body of the county, authority or district shall submit it to the commission for review and approval in accordance with Section 17-17-225. The commission shall, by order, approve or disapprove the plan within one hundred eighty (180) days after its submission. The commission shall include with an order disapproving a plan a statement outlining the deficiencies in the plan and directing the governing body of the county, authority or district to submit, within one hundred twenty (120) days after issuance of the order, a revised plan that remedies those deficiencies. If the governing body of the county, authority or district, by resolution, requests an extension of the time for submission of a revised plan, the commission may, for good cause shown, grant one (1) extension for a period of not more than sixty (60) additional days.
(7) After approval of the plan or revised plan by the commission, the governing body of the county, authority or district shall implement the plan in compliance with the implementation schedule contained in the approved plan.
(8) The governing body of the county, authority or district shall annually review implementation of the approved plan. The commission may require the governing body of each local government or authority to revise the local nonhazardous solid waste management plan as necessary, but not more than once every five (5) years.
(9) If the commission finds that the governing body of a county, authority or district has failed to submit a local nonhazardous solid waste management plan, obtain approval of its local nonhazardous solid waste management plan or materially fails to implement its local nonhazardous solid waste management plan, the commission shall issue an order in accordance with Section 17-17-29, to the governing body of the county, authority or district.
(10) The commission may, by regulation, adopt an alternative procedure to the procedure described in this section for the preparation, adoption, submission, review and approval of minor modifications of an approved local nonhazardous solid waste management plan. For purposes of this section, minor modifications may include administrative changes or the addition of any noncommercial nonhazardous solid waste management facility. (11) The executive director of the department shall maintain a copy of all local nonhazardous solid waste management plans that the commission has approved and any orders issued by the commission.
(12) If a public notice required in subsection (5) was published in a newspaper as defined in Section 13-3-31, having general circulation within the county but was not published in a daily newspaper of general circulation as required by subsection (5) before April 20, 1993, the commission shall not disapprove the plan for failure to publish the notice in a daily newspaper. Any plan disapproved for that reason by the commission shall be deemed approved after remedying any other deficiencies in the plan.
(13) Notwithstanding any provision of this chapter, no solid waste management plan shall include a proposed new municipal solid waste landfill in any county that has two (2) or more existing permitted municipal solid waste landfills and such new landfill will be located within a five (5) mile radius of an existing municipal solid waste landfill, unless a referendum election has been conducted and approved pursuant to Section 17-17-237. This subsection (13) shall not apply to the proposed expansion or replacement of any permitted landfill by the permit holder, and shall not apply to any rubbish disposal facilities, transfer stations, land application sites, composting facilities, solid waste processing facilities, chipping/mulching facilities, industrial/institutional/special waste landfills, industrial/institutional/special waste rubbish sites, waste tire processing facilities, commercial waste tire collection sites, local government waste tire collection sites or generator waste tire collection sites, and none of those facilities, stations, landfills or sites shall be counted as a landfill within a county for the purpose of determining whether a referendum election is required to be conducted in the county as provided in this section.
SECTION 9. Section 17-17-237, Mississippi Code of 1972, is amended as follows:
17-17-237.
(1) No new municipal solid waste landfill shall be incorporated into any solid
waste management plan and no reference in any existing plan to any unpermitted new
municipal solid waste landfill shall be effective, applicable or operative and no
permit, grant or loan shall be approved for any new municipal solid waste landfill
in any county that has two (2) or more existing permitted municipal solid waste
landfills and such new landfill will be located within a five * * *-mile radius of an existing municipal
solid waste landfill, unless a local referendum election has been called and held
in the county in which the new municipal solid waste landfill is proposed and with
the results hereinafter provided. The board of supervisors may require the proponent
of or applicant for the new municipal solid waste landfill to pay the costs of the
election.
(2)
Upon presentation and filing of a proper petition requesting same signed by at least
twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser,
of the qualified electors of the county, it shall be the duty of the board of supervisors
to call an election at which there shall be submitted to the qualified electors
of the county the question of whether or not the new municipal solid waste landfill
proposed to be sited within the county shall be eligible for consideration by the
board of supervisors for inclusion in the solid waste management plan of the county.
Such election shall be held and conducted by the county election commissioners on
a date fixed by the order of the board of supervisors, which date shall not be more
than sixty (60) days from the date of the filing of said petition. Notice thereof
shall be given by publishing such notice either in some newspaper published in
said county once each week for at least three (3) consecutive weeks * * * or * * * by a link to such notice on the county's website
or, if the county does not have a website, its official social media webpage to
remain available to the public for the duration of at least three (3) consecutive
weeks. If no newspaper be published therein or no compliant webpage exists, * * * such publication in a newspaper in an adjoining
county and having a general circulation in the county involved is permissible.
The election shall be held not earlier than fifteen (15) days from the first publication
of such notice.
(3) The election shall be held and conducted as far as may be possible in the same manner as is provided by law for the holding of general elections. The ballots used thereat shall contain a brief statement of the proposition submitted and, on separate lines, the words "I vote FOR new municipal solid waste landfill in ___________ County ( )", "I vote AGAINST new municipal solid waste landfill in ________ County ( )" with appropriate boxes in which the voters may express their choice. All qualified electors may vote by marking the ballot with a cross (x) or check mark(ü) opposite the words of their choice.
(4) The election commissioners shall canvass and determine the results of the election, and shall certify same to the board of supervisors which shall adopt and spread upon its minutes an order declaring such results. If, in such election, sixty percent (60%) of the qualified electors participating therein shall vote in favor of the proposition, inclusion of the proposed new municipal solid waste landfill in a solid waste management plan and permitting of such landfill may be approved provided that all other requirements of law are satisfied as to the landfill. If, on the other hand, sixty percent (60%) of the qualified electors participating therein shall not vote in favor of the proposition, the new landfill may not be included in any solid waste management plan and shall not be permitted. In either case, no further election shall be held in a county under the provisions of this section for a period of two (2) years from the date of the prior election and then only upon the filing of a petition requesting same signed by at least twenty percent (20%) or fifteen hundred (1,500), whichever number is the lesser, of the qualified electors of the county as is otherwise provided herein.
SECTION 10. Section 17-17-309, Mississippi Code of 1972, is amended as follows:
17-17-309. (1) Within forty (40) days following the adoption of the final authorizing resolution, the designated representatives shall proceed to incorporate an authority by filing for record in the office of the chancery clerk of the participating counties and the Secretary of State an incorporation agreement approved by each member. The agreement shall comply in form and substance with the requirements of this section and shall be executed in the manner provided in Sections 17-17-301 through 17-17-349.
(2) The incorporation agreement of an authority shall state:
(a) The name of each participating unit of local government and the date on which the governing bodies thereof adopted an authorizing resolution;
(b) The name of the authority which must include the words "_________ Solid Waste Management Authority," or "The Solid Waste Management Authority of ____________," the blank spaces to be filled in with the name of one or more of the members or other geographically descriptive term. If the Secretary of State determines that the name is identical to the name of any other corporation organized under the laws of the state or so nearly similar as to lead to confusion and uncertainty, the incorporators may insert additional identifying words so as to eliminate any duplication or similarity;
(c) The period for the duration of the authority;
(d) The location of the principal office of the authority which shall be within the boundaries of the members;
(e) That the authority is organized pursuant to Sections 17-17-301 through 17-17-349;
(f) The board setting forth the number of commissioners, terms of office and the vote of each commissioner;
(g) If the exercise by the authority of any of its powers is to be in any way prohibited, limited or conditioned, a statement of the terms of such prohibition, limitation or condition;
(h) Any provisions relating to the vesting of title to its properties upon its dissolution which shall be vested in any member; and
(i) Any other related matters relating to the authority that the incorporators may choose to insert and that are not inconsistent with Sections 17-17-301 through 17-17-349 or with the laws of the state.
(3) The incorporation agreement shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgements. When the incorporation agreement is filed for record, there shall be attached to it a certified copy of the authorizing resolution adopted by the governing body of each member.
(4) The incorporators shall publish a notice of incorporation either once a week for two (2) successive weeks in a daily newspaper or newspapers having general circulation throughout the region to be served or by a link to such notice of incorporation posted on the county or municipality's website or, if the county or municipality does not have a website, its official social media webpage to remain available to the public for the duration of two (2) successive weeks.
(5) Upon the filing for record of the agreement and the required documents, the authority shall come into existence and shall constitute a public corporation under the name set forth in the incorporation agreement. The Secretary of State shall thereupon issue a certificate of incorporation to the authority.
SECTION 11. Section 17-17-311, Mississippi Code of 1972, is amended as follows:
17-17-311. (1) The incorporation agreement of any authority may be amended in the manner provided in this section. The board of the authority shall first adopt a resolution proposing an amendment to the incorporation agreement. The amendment shall be set forth in full in the resolution and may include any matters which might have been included in the original incorporation agreement.
(2) After the adoption of the resolution by the board, the chairman of the board and the secretary of the authority shall file a certified copy of the resolution and a signed written application in the name of and on behalf of the authority, under its seal, with the governing body of each member, requesting the governing body to adopt a resolution approving the proposed amendment. As promptly as may be practicable after the filing of the application with the governing body, that governing body shall review the application and shall adopt a resolution either denying the application or authorizing the proposed amendment. Any such resolution shall be published either in a newspaper or newspapers or by a link to such resolution posted on the county or municipality's website or, if the county or municipality does not have a website, its official social media webpage as provided in subsection (4) of Section 17-17-309. The governing body shall cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken. The incorporation agreement may be amended only after the adoption of a resolution by two-thirds (2/3) of the governing bodies of the members. Publication of such amendment shall be made as provided in subsection (4) of Section 17-17-309.
(3) Within forty (40) days following the adoption of the last adopted resolution approving the proposed amendment, the chairman of the board and the secretary of the authority shall sign, and file for record in the office of the chancery clerk with which the incorporation agreement of the authority was originally filed and the Secretary of State, a certificate in the name of and in behalf of the authority, under its seal, reciting the adoption of the respective resolutions by the board and by the governing body of each member and setting forth the amendment. The chancery clerk for such county shall record the certificate in an appropriate book in his office. When such certificate has been so filed and recorded, the amendment shall become effective. No incorporation agreement of an authority shall be amended except in the manner provided in this section.
(4) Any member of a regional solid waste management authority may withdraw from the authority by submitting a resolution to the board requesting an amendment to the incorporation agreement pursuant to subsection (1) of this section. Upon compliance with the requirements of subsections (1) through (3) of this section and the payment of its pro rata share of any indebtedness, costs, expenses or obligations of the authority outstanding at the time of withdrawal, the amendment may become effective upon adoption of the resolution by the board. The withdrawal of a member shall not operate to impair, invalidate, release or abrogate any contract, lien, bond, permit, indebtedness or obligation of the authority, except to relieve the withdrawing member from further financial obligation to the authority.
(5) After the issuance of a permit by the permit board for the construction and operation of a solid waste landfill, any withdrawal of the situs county from the authority shall not affect the ability of the authority to operate a solid waste landfill upon the site for which the permit has been issued.
SECTION 12. Section 17-17-337, Mississippi Code of 1972, is amended as follows:
17-17-337. All bonds issued pursuant to Sections 17-17-329, 17-17-333 and 17-17-335 may be validated as now provided by law in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972. Such validation proceedings shall be instituted in the chancery court of the county in which the principal office of the authority is located, but notice of such validation proceedings shall be published either at least two (2) times in a newspaper of general circulation in each of the counties, the first publication of which in each case shall be made at least ten (10) days preceding the date set for validation, or by a link to such notice on the county's website or, if the county does not have a website, its official social media webpage to be made available to the public at least ten (10) days preceding the date set for validation.
SECTION 13. Section 17-17-348, Mississippi Code of 1972, is amended as follows:
17-17-348. (1) In addition to any notice requirements otherwise provided by law, the board of supervisors of each county and the governing authorities of each municipality, before the first day of the fiscal year, shall publish a report either in a newspaper having a general circulation in the county or by a link to such resolution posted on the county or municipality's website or, if the county or municipality does not have a website, its official social media webpage. Such report should be a detailed, itemized report of all revenues, costs and expenses incurred by the county or municipality during the immediately preceding county or municipal fiscal year in operating the garbage or rubbish collection or disposal system. The report shall disclose:
(a) The total dollar amount of revenues received or dedicated by the county or municipality during the immediately preceding fiscal year for operation of the garbage or rubbish collection or disposal system;
(b) The identity of each source of funding and the dollar amount received from each source of funding during the immediately preceding fiscal year for operation of the garbage or rubbish collection or disposal system, including ad valorem taxes, fees and other sources; and
(c) The total dollar amount expended by the county or municipality to operate the garbage or rubbish collection or disposal system, along with the names and addresses of all businesses and persons with whom the county or municipality has contracted to perform or provide garbage or rubbish collection or disposal, the dollar amount of expenditures made under each contract and an itemized list of all other expenditures of county or municipal funds to operate and administer the garbage or rubbish collection or disposal system.
(2) If published in a newspaper, the notice required under subsection (1) of this section shall be no less than one-eighth (1/8) page in size and the type used shall be no smaller than ten (10) point and surrounded by a one-fourth (1/4) inch solid black border. The notice may not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice must appear in a newspaper that is published at least five (5) days a week, unless the only newspaper in the county is published less than five (5) days a week. The newspaper selected must be one of general interest and readership in the community, and not one of limited subject matter. The notice must be published at least once. If published on a county or municipality's website or official social media webpage, a link to the notice must appear conspicuously on the main page.
SECTION 14. Section 17-18-17, Mississippi Code of 1972, is amended as follows:
17-18-17. (1) Except as provided in subsection (2) of this section, a community desiring to volunteer to host the state commercial hazardous waste management facility to be operated pursuant to this chapter may propose to do so by the adoption of a resolution by a majority vote of the governing body of the local governmental unit. The committee shall determine the adequacy of any proposal to voluntarily host the state commercial hazardous waste management facility. Once a proposal to volunteer to host the state commercial hazardous waste management facility has been accepted in writing by the committee, the resolution making such proposal may not be rescinded by the governing body of the local governmental unit, unless the management category or categories determined under Section 49-29-7 is changed after the date of the submission of such category determination to the Hazardous Waste Technical Siting Committee. The governing body of the local governmental unit shall hold a minimum of two (2) public hearings prior to submission of a resolution regarding any proposal to volunteer to host the state commercial hazardous waste management facility pursuant to this chapter. The governing body of the local governmental unit shall advertise its intent to hold the public hearings. The advertisement shall be published either in a newspaper of general circulation in the county or by a link to such resolution posted on the county or municipality's website or, if the county or municipality does not have a website, its official social media webpage.
If printed, the
advertisement shall be no less than one-fourth (1/4) page in size and the type
used shall be no smaller than eighteen (18) point and surrounded by a one-fourth
(1/4) inch solid black border. The advertisement may not be placed in that
portion of the newspaper where legal notices and classified advertisements
appear. It is legislative intent that, when the advertisement is printed,
whenever possible, the printed advertisement appear in a newspaper that
is published at least five (5) days a week, unless the only newspaper in the
county is published less than five (5) days a week. It is further the intent of
the Legislature that the newspaper selected be one of general interest and
readership in the community, and not one of limited subject matter. * * * A print
advertisement shall be run once each week for the two (2) weeks preceding the
public hearings, and an online advertisement shall appear for the duration of
the two-week period. The advertisement shall state that the governing body
will meet on a certain day, time and place fixed in the advertisement, which
shall be not less than seven (7) days after the day the first advertisement is
published, for the purpose of hearing comments regarding the proposed resolution
and to explain the reasons for the proposed resolution.
(2) Washington County and Issaquena County are hereby designated as volunteer host communities without having to comply with the requirements of subsection (1) of this section.
(3) This section shall not be construed to give priority for the evaluation of potential sites to any one (1) volunteer host community over any other volunteer host community, regardless of whether the designation of a governmental unit as a volunteer host community is accomplished under subsection (1) or subsection (2) of this section.
SECTION 15. Section 17-21-53, Mississippi Code of 1972, is amended as follows:
17-21-53. (1) Before any money is borrowed under the provisions of this article, the governing authority shall adopt a resolution declaring the necessity for such borrowing and specifying the purpose for which the money borrowed is to be expended, the amount to be borrowed, the date or dates of the maturity thereof, and how such indebtedness is to be evidenced. The resolution shall be certified over the signature of the head of the governing authority.
(2) The borrowing shall be evidenced by negotiable notes or certificates of indebtedness of the governing authority which shall be signed by the head and clerk of such governing authority. All such notes or certificates of indebtedness shall be offered at public sale by the governing authority after not less than ten (10) days' advertising either in a newspaper having general circulation within the governing authority or on the governing authority's website or official social media webpage, if the governing authority does not have a website. Each sale shall be made to the bidder offering the lowest rate of interest or whose bid represents the lowest net cost to the governing authority; however, the rate of interest shall not exceed that now or hereafter authorized in Section 75-17-101, Mississippi Code of 1972. No such notes or certificates of indebtedness shall be issued and sold for less than par and accrued interest. All notes or certificates of indebtedness shall mature in approximately equal installments of principal and interest over a period not to exceed five (5) years from the dates of the issuance thereof. Principal shall be payable annually, and interest shall be payable annually or semiannually; provided, however, that the first payment of principal or interest may be for any period not exceeding one (1) year. Provided, however, if negotiable notes are outstanding from not more than one (1) previous issue authorized under the provisions of this article, then the schedule of payments for a new or supplementary issue may be so adjusted that the schedule of maturities of all notes or series of notes hereunder shall, when combined, mature in approximately equal installments of principal and interest over a period of five (5) years from the date of the new or supplementary issue, or if a lower interest rate will thereby be secured on notes previously issued and outstanding, a portion of the proceeds of any issue authorized hereunder may be used to refund the balance of the indebtedness previously issued under the authority of this article. Such notes or certificates of indebtedness shall be issued in such form and in such denominations as may be determined by the governing authority and may be made payable at the office of any bank or trust company selected by the governing authority. In such case, funds for the payment of principal and interest due thereon shall be provided in the same manner provided by law for the payment of the principal and interest due on bonds issued by the governing authority.
(3) For the prompt payment of notes or certificates of indebtedness at maturity, both principal and interest, the full faith, credit and resources of the issuing entity are pledged. If the issuing entity does not have available funds in an amount sufficient to provide for the payment of principal and interest according to the terms of such notes or certificates of indebtedness, then the governing authority shall annually levy a special tax upon all of its taxable property at a rate the avails of which will be sufficient to provide such payment. Funds derived from any such tax shall be paid into a sinking fund and used exclusively for the payment of principal of and interest on the notes or certificates of indebtedness. Until needed for expenditure, monies in the sinking fund may be invested in the same manner as the governing authority is elsewhere authorized by law to invest surplus funds.
SECTION 16. Section 19-3-1, Mississippi Code of 1972, is amended as follows:
19-3-1. Each county shall be divided into five (5) districts, with due regard to equality of population and convenience of situation for the election of members of the boards of supervisors, but the districts as now existing shall continue until changed. The qualified electors of each district shall elect, at the next general election, and every four (4) years thereafter, in their districts one (1) member of the board of supervisors. Subject to the provisions of Sections 23-15-283 and 23-15-285, the board, by a three-fifths (3/5) vote of all members elected, may change the districts, the boundaries to be entered at large in the minutes of the proceedings of the board.
If the boundaries of the districts are changed by order of the board of supervisors as provided in this section, the order shall be published either in a newspaper having general circulation in the county once each week for three (3) consecutive weeks or by a link to such order posted on the county's website or, if the county does not have a website, its official social media website for the duration of the three consecutive weeks.
SECTION 17. 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 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 either
in a newspaper published in the county * * * for at least three (3) consecutive weeks
or by a link to such notice posted on the county's website or social media webpage,
if the county does not have a website, to remain available to the public for the
duration of three (3) consecutive weeks. If there be no newspaper
published in the county or no county website, then notice should be published
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. However, when such meeting date falls on a
legal holiday, then the said meeting shall be held on the succeeding day.
SECTION 18. Section 19-3-19, Mississippi Code of 1972, is amended as follows:
19-3-19. (1) The board of supervisors may, at a regular meeting, by an order on its minutes, adjourn to meet at any time it may determine upon.
(2) 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, * * * published in a newspaper of the county, * * * or by a link to such notice posted on the
county's website or, if the county does not have a website, its official social
media webpage. The notice thereof, whether posted or published in a
newspaper, shall be entered in full on the minutes of said meeting. The notice
of a special meeting * * *
shall specify each matter of business to be transacted thereat, and at such
special meetings business shall not be transacted which is not specified in the
order or notice for such meeting.
(3) The president, or the vice president in the absence or disability of the president, or any two (2) members of the board, may by written notice, call an emergency meeting of the board of supervisors in cases of an emergency arising as a result of serious damage to county property, or to roads or bridges, or emergencies arising as a result of epidemic conditions or weather conditions. The notice shall state the time of the meeting and distinctly specify the subject matters of business to be acted upon and be signed before a notary by the officer or officers calling the meeting. At least three (3) hours before the time fixed for the meeting, notice shall be personally delivered to the members of the board who have not signed it and who can be found. The notice shall also be posted at the courthouse door at least three (3) hours before the time fixed for the meeting. If a member of the board cannot be found to complete the personal delivery of the notice, the president, vice president or any one of the two (2) members of the board calling an emergency meeting shall make every attempt, within the applicable notice period, to contact the board member that was not personally found by other available means, including, but not limited to, telephone or e-mail. The method of notice used to call the meeting shall be entered on the minutes of the emergency meeting, and business not specified in the notice shall not be transacted at the meeting.
SECTION 19. Section 19-3-33, Mississippi Code of 1972, is amended as follows:
19-3-33. The board of supervisors may have its proceedings published in some newspaper published in the county, and cause the same to be paid for out of the county treasury, but the costs of such publication shall not exceed the sum fixed by law for publishing legal notices. If there be more than one (1) newspaper published in the county, the contract for publishing the proceedings, if made, shall be let to the lowest bidder among them. In lieu of publication in a newspaper, the board of supervisors may have its proceedings published on the county's website or official social media webpage, if the county does not have a website.
SECTION 20. Section 19-3-35, Mississippi Code of 1972, is amended as follows:
19-3-35. The board of
supervisors after each meeting shall have an itemized statement made of
allowances, to whom, for what, and the amounts; a list of all contracts providing
for the expenditure of money and the terms of payment thereof; a statement of all
loans from sixteenth section funds, lieu land funds, and sinking, and other
trust funds, setting forth to whom made, the amount, and the kind of security approved;
a statement or list of all sales of timber, of all leases upon, including all
leases for oil, gas and minerals upon, sixteenth section or lieu lands situated
in the county or belonging to the county, showing to whom sold or made,
description of land involved, the length of the term of any such lease, and the
consideration therefor; and it shall also publish a recapitulation of all expenditures
according to districts and also the county as a whole, and in such recapitulation
the total expenses for each item shall be listed for each district, and in the
total county recapitulation the total expended from each item shall be listed
and same shall be published within fifteen (15) days after adjournment. Publication
shall be made either in some newspaper of general circulation published in
the county * * *
or by a link to such recapitulation posted on the county's website or, if the
county does not have a website, its official social media webpage. If no
such newspaper is published in the county, then recapitulation may be published
in a newspaper published elsewhere in the state and having a general circulation
in such county. The cost of publishing the same shall be paid for out of the general
fund of the county. The cost of such publication shall not exceed one-half (1/2)
of the rate now fixed by law for publishing legal notices, and in no event shall
the cost of such publication exceed One Hundred Dollars ($100.00) in any one
(1) month, save, however, in counties of classes 1 and 2 the board of supervisors
may expend an amount not to exceed One Hundred Seventy-five Dollars ($175.00)
per month for the publication of said cumulative digest of its proceedings as
provided for above. If there be more than one newspaper published in the
county, the board of supervisors shall advertise, as provided by law, for
contracts for publishing such proceedings, and shall award the contract to the
lowest bidder for a period of two (2) years. If no bid be made for the price
above mentioned, then the proceedings shall be posted at the courthouse door as
hereinafter provided. If there be no newspaper published in such county, then
such proceedings shall be posted at the front courthouse door and on the county's
website or official social media webpage, if the county does not have a website.
If any member of a board of supervisors or the chancery clerk shall fail, refuse or neglect to comply with the provisions of this section, he shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00) for such failure, refusal or neglect for each offense and, in addition thereto, shall be liable to a penalty of Five Hundred Dollars ($500.00), recoverable on his official bond by suit filed by any county or district attorney or any interested citizen, upon his official bond.
This shall not be construed to repeal Section 19-3-33, and where the verbatim proceedings are published as therein provided, this section shall not apply, it being intended hereby to provide a method of publishing the proceedings of the board of supervisors in addition to that now provided for by Section 19-3-33. Where publication is made under Section 19-3-33, this section shall not be construed so as to require any other and additional publication, or notice.
SECTION 21. Section 19-3-67, Mississippi Code of 1972, is amended as follows:
19-3-67. (1) When any member of any board of supervisors shall be required to travel outside of his county but within the State of Mississippi in the performance of his official duties, such member shall receive as expenses of such travel the same mileage and actual and necessary expenses for food, lodging and travel by public carrier or private motor vehicles as is allowed state officers and employees pursuant to the provisions of Section 25-3-41, Mississippi Code of 1972. Provided, however, mileage shall not be authorized when such travel is done by a motor vehicle owned by the county.
(2) When any member of any board of supervisors shall be required to travel outside the State of Mississippi in the performance of his official duties, such member shall receive as expenses of such travel the same mileage and actual and necessary expenses for food, lodging and travel by public carrier or private motor vehicles as is allowed state officers and employees pursuant to the provisions of Section 25-3-41, Mississippi Code of 1972. Provided, however, such travel must receive the prior approval of the board before it is undertaken, and such approval shall be spread upon the minutes of the board.
(3) Except as hereinafter provided with respect to mileage, no expenses shall be authorized or approved by any board of supervisors for travel by the member of such board within the county of such board. With respect to mileage, when travel within the county by a member of such board is done by a motor vehicle owned by the county, mileage shall not be authorized;
however, when any member of such board does not have a county-owned motor vehicle regularly assigned to him for his use or when a county-owned motor vehicle is not otherwise available for his use at the time when travel is necessary, and he is required to travel within the county in the performance of his official duties using his private motor vehicle, then he may be reimbursed for mileage in the same manner as provided in Section 25-3-41, Mississippi Code of 1972.
(4) Itemized expense accounts shall be submitted by the member on forms prescribed by the Auditor of Public Accounts for reimbursement of expenses for state officers and employees in such numbers as the county may require. No expenses authorized in this section shall be reimbursed unless the expenses have been authorized or approved by a vote of a majority of the members of the board duly made and spread upon the minutes of such board.
(5) Expenses authorized in this section shall be published by the board of supervisors either in a newspaper of general circulation published in the county or by a link to such resolution posted on the county's website or, if the county does not have a website, its official social media webpage; and, if no such newspaper is published in the county and no such website exists, then in a newspaper published elsewhere in the state which has a general circulation in such county. The publication shall be a detailed accounting of the expenses authorized to each member of the board. The cost of publishing such expense accounts shall be paid by the county pursuant to the provisions of Section 19-3-35.
SECTION 22. Section 19-3-79, Mississippi Code of 1972, is amended as follows:
19-3-79. (1) Any person,
corporation or other legal entity required to obtain a state gaming license to
conduct legal gaming aboard a cruise vessel or vessel, as defined in Section 27-109-1,
as prescribed by the Mississippi Gaming Control Act shall, before applying for
such license, provide the Mississippi Gaming Commission with a written notice
of intent to apply for a license. The "notice of intent to apply for a
gaming license" shall be on a form prescribed by the executive director of
the commission and shall state the county in which the intending licensee desires
to conduct legal gaming aboard a cruise vessel or vessel, as the case may be.
Within ten (10) days after receipt of a notice of intent to apply for a gaming
license, the commission shall require such person, corporation or legal entity
to publish the notice * * * either in a
newspaper having general circulation in the county in which the intending
licensee desires to conduct legal gaming aboard a cruise vessel or vessel, as
the case may be, once each week for three (3) consecutive weeks or by a link
to such notice posted on the county's website or, if the county does not have a
website, its official social media to remain available to the public for the duration
of three (3) consecutive weeks.
(2) If no petition as prescribed in subsection (3) of this section is filed with the board of supervisors of the applicable county within thirty (30) days after the date of the last publication, the board of supervisors of such county shall adopt a resolution stating that no petition was timely filed and that legal gaming may henceforth be conducted aboard cruise vessels or vessels, as the case may be, in such county.
(3) If a petition signed by twenty percent (20%) or fifteen hundred (1500), whichever is less, of the registered voters of a county in which a notice of intent to apply for a gaming license is published is filed within thirty (30) days of the date of the last publication with the circuit clerk of the applicable county, the board of supervisors of such county shall authorize the circuit clerk to hold an election on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county on the date upon which such an election may be conducted under subsection (7). The referendum shall be advertised, held, conducted and the result thereof canvassed in the manner provided by law for advertising, holding and canvassing county elections.
(4) At such election, all qualified electors of such county may vote. The ballots used at such election shall have printed thereon a brief statement of the purpose of the election and the words "FOR LEGAL GAMING ABOARD CRUISE VESSELS (OR VESSELS) IN THE COUNTY AS PRESCRIBED BY LAW" and "AGAINST LEGAL GAMING ABOARD CRUISE VESSELS (OR VESSELS) IN THE COUNTY AS PRESCRIBED BY LAW." The voter shall vote by placing a cross (x) or check (√) mark opposite his choice on the proposition. If a majority of the qualified electors who vote in such election shall vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, then legal gaming may henceforth be conducted aboard cruise vessels or vessels, as the case may be, in the county. If less than a majority of the qualified electors who vote in such election shall vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county, then gaming aboard cruise vessels or vessels, as the case may be, shall be prohibited in the county until such time as a subsequent election, held according to the restrictions specified in subsection (7), may authorize such legal gaming.
(5) In any county in which no petition is timely filed after a notice of intent to apply for a gaming license is published, or in which an election is held on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county and a majority of the qualified electors who vote in such election vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county, no election shall thereafter be held in that county pursuant to this section on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in that county.
(6) Notwithstanding any provision of this section or Sections 97-33-1, 97-33-7, 97-33-17, 97-33-25 and 97-33-27 to the contrary, if an election is held pursuant to this section which causes the conducting of gaming aboard cruise vessels to be prohibited in any county in which one or more cruise vessels were operating out of a port in the county on the effective date of this chapter, the prohibition on the conducting of gaming aboard cruise vessels in that county shall not apply to the conducting of legal gaming aboard any of those cruise vessels which were still operating out of a port in that county at the time of the election.
(7) If an election has been held on the issue of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in a county, and the authority to conduct such legal gaming has been denied by the electors of such county, then a subsequent election on such issue may not be held until:
(a) The date of the next succeeding general election in which the election for President of the United States occurs; or
(b) In the case in which the authority to conduct such legal gaming has been denied by the electors of such county at elections on three (3) different occasions, whether those occasions be successive or not, the date of the next succeeding general election occurring at least eight (8) years after the last of the three (3) occasions on which the electors denied the authority to conduct such legal gaming.
SECTION 23. Section 19-5-9, Mississippi Code of 1972, is amended as follows:
19-5-9. (1) The construction codes published by a nationally recognized code group which sets minimum standards and has the proper provisions to maintain up-to-date amendments are adopted as minimum standard guides for building, plumbing, electrical, gas, sanitary, and other related codes in Mississippi. Any county within the State of Mississippi, in the discretion of the board of supervisors, may adopt building codes, plumbing codes, electrical codes, sanitary codes, or other related codes dealing with general public health, safety or welfare, or a combination of the same, within but not exceeding the provisions of the construction codes published by nationally recognized code groups, by order or resolution in the manner prescribed in this section, but those codes so adopted shall apply only to the unincorporated areas of the county. However, those codes shall not apply to the erection, maintenance, repair or extension of farm buildings or farm structures, except as may be required under the terms of the "Flood Disaster Protection Act of 1973," and shall apply to a master planned community as defined in Section 19-5-10 only to the extent allowed in Section 19-5-10. The provisions of this section shall not be construed to authorize the adoption of any code which applies to the installation, repair or maintenance of electric wires, pipelines, apparatus, equipment or devices by or for a utility rendering public utility services, required by it to be utilized in the rendition of its duly authorized service to the public. Before any such code shall be adopted, it shall be either printed or typewritten and shall be presented in pamphlet form to the board of supervisors at a regular meeting. The order or resolution adopting the code shall not set out the code in full, but shall merely identify the same. The vote or passage of the order or resolution shall be the same as on any other order or resolution. After its adoption, the code or codes shall be certified to by the president and clerk of the board of supervisors and shall be filed as a permanent record in the office of the clerk who shall not be required to transcribe and record the same in the minute book as other orders and resolutions.
(2) If the board of supervisors of any county adopts or has adopted construction codes which do not have proper provisions to maintain up-to-date amendments, specifications in such codes for cements used in portland cement concrete shall be superseded by nationally recognized specifications referenced in any code adopted by the Mississippi Building Code Council.
(3) All provisions of this section shall apply to amendments and revisions of the codes mentioned in this section. The provisions of this section shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of county orders, resolutions or codes.
(4) Any code adopted under the
provisions of this section shall not be in operation or force until sixty (60) days
have elapsed from the adoption of same; however, any code adopted for the immediate
preservation of the public health, safety and general welfare may be effective from
and after its adoption by a unanimous vote of the members of the board. Within
five (5) days after the adoption or passage of an order or resolution adopting that
code or codes the clerk of the board of supervisors shall publish either
in a legal newspaper published in the county the full text of the order or resolution
adopting and approving the code * * * or by a link to such order or resolution
posted on the county's website or, if the county does not have a website, its official
social media webpage. A print publication shall be inserted at least three
(3) times, and shall be completed within thirty (30) days after the passage of the
order or resolution. An online publication shall remain on the appropriate website
or social media webpage for the duration of thirty (30) days after the passage of
the order or resolution.
(5) Any person or persons objecting to the code or codes may object in writing to the provisions of the code or codes within sixty (60) days after the passage of the order or resolution approving same, and if the board of supervisors adjudicates that ten percent (10%) or more of the qualified electors residing in the affected unincorporated areas of the county have objected in writing to the code or codes, then in such event the code shall be inoperative and not in effect unless adopted for the immediate preservation of the public health, safety and general welfare until approved by a special election called by the board of supervisors as other special elections are called and conducted by the election commissioners of the county as other special elections are conducted, the special election to be participated in by all the qualified electors of the county residing in the unincorporated areas of the county. If the voters approve the code or codes in the special election it shall be in force and in operation thereafter until amended or modified as provided in this section. If the majority of the qualified electors voting in the special election vote against the code or codes, then, in such event, the code or codes shall be void and of no force and effect, and no other code or codes dealing with that subject shall be adopted under the provisions of this section until at least two (2) years thereafter.
(6) After any such code shall take effect the board of supervisors is authorized to employ such directors and other personnel as the board, in its discretion, deems necessary and to expend general county funds or any other funds available to the board to fulfill the purposes of this section.
(7) For the purpose of promoting health, safety, morals or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, is empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density or population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required except as may be required under the terms of the "Flood Disaster Protection Act of 1973" for the erection, maintenance, repair or extension of farm buildings or farm structures outside the corporate limits of municipalities.
(8) The authority granted in this section is cumulative and supplemental to any other authority granted by law.
(9) Notwithstanding any provision of this section to the contrary, any code adopted by a county before or after April 12, 2001, is subject to the provisions of Section 41-26-14(10).
(10) Notwithstanding any provision of this section to the contrary, the Boards of Supervisors of Jackson, Harrison, Hancock, Stone and Pearl River Counties shall enforce the requirements imposed under Section 17-2-1 as provided in such section.
(11) Regardless of whether a county adopts or has adopted codes, as set forth in this section, each and every county in this state shall require permitting as a condition to construction within the unincorporated areas of the county, and such permits shall contain, on their face, in conspicuous print, (a) the contractor's material purchase certificate number to the extent furnished by the Department of Revenue pursuant to Section 27-65-21(3) or the contractor's Taxpayer Identification Number as furnished by the Internal Revenue Service, and either a copy of such material purchase certificate furnished by the Department of Revenue pursuant to Section 27-65-21(3), or a copy of the contractor's W-9, as the case may be, shall be required to be provided to the county as part of the prime contractor's application for such permit, prior to the issuance of such permit, and (b) the contractor's license or certificate of responsibility number as required by either Section 31-3-14 et seq., 51-5-1 et seq. or 73-59-1 et seq.
SECTION 24. Section 19-5-81, Mississippi Code of 1972, is amended as follows:
19-5-81. Before issuing the
bonds, notes or loan warrants, authorized by Section 19-5-79 the board of supervisors
shall publish notice of its intention to borrow such funds and to issue loan
warrants, notes or bonds, and the clerk of said board shall publish a copy
of such order either in three (3) weekly issues of some newspaper
having a general circulation in the county * * * or by a link to such order
posted on the county's website or, if the county does not have a website, its official
social media webpage to remain available to the public for the duration of three
(3) weeks. If, within twenty-one (21) days after the first
publication of a copy of such order, twenty percent (20%) of the qualified
electors of the county petition the board of supervisors for an election to
determine whether or not the adoption of such order should be annulled, such
election shall be ordered by said board of supervisors in which the qualified
electors of the county shall be eligible to participate. If at such election a
majority of those voting vote in favor of the adoption of such order the same
shall be valid and effective, but if a majority shall vote against such order
it shall be annulled and shall be ineffective. Such election shall be held and
conducted and the returns thereof made as provided by law for other county
elections. If no such petition be presented within twenty-one (21) days
after the first publication of a copy of such order, the order shall be valid
and effective and said board may thereupon proceed to issue said loan warrants
hereunder without an election on the question of the issuance thereof.
SECTION 25. 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 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 either in a newspaper having general circulation within such proposed district or by a link to such notice posted on the county's website or, if the county does not have a website, its social media webpage. A print notice be published in a newspaper once a week for at least three (3) consecutive weeks prior to the date of such hearing, and online notice shall appear for the duration of at least three (3) weeks prior to the date of such hearing. The first such print 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 26. Section 19-5-157, Mississippi Code of 1972, is amended as follows:
19-5-157. A certified copy of the resolution so adopted shall be published either in a newspaper having a general circulation within such proposed district or by a link to such resolution posted on the county's website or, if the county does not have a website, its official social media page. Print publication shall be made once a week for at least three (3) consecutive weeks prior to the date specified in such resolution as the date upon which such board intends to create such district. The first such publication shall be made not less than twenty-one (21) days prior to the date specified, and the last such publication shall be made not more than fourteen (14) days prior to such date. Online publication shall remain on the county's website or official social media page for the duration of the three week period prior to the date specified in such resolution as the date upon which such board intends to create such district.
If twenty percent (20%) or one hundred fifty (150), whichever is the lesser, of the qualified electors of such proposed district file written petition with such board of supervisors on or before the date specified aforesaid, protesting against the creation of such district, the board of supervisors shall call an election on the question of the creation of such district. Such election shall be held and conducted by the election commissioners of the county as nearly as may be in accordance with the general laws governing elections, and such election commissioners shall determine which of the qualified electors of such county reside within the proposed district, and only such qualified electors as reside within such proposed district shall be entitled to vote in such election. Notice of such election setting forth the time, place or places, and purpose of such election shall be published by the clerk of the board of supervisors, and such notice shall be published for the time and the manner provided in Section 19-5-155 for the publication of the resolution of intention. The ballots to be prepared for and used at said election shall be in substantially the following form:
"FOR CREATION OF ________ DISTRICT ( )
AGAINST CREATION OF ________ DISTRICT ( )"
and voters shall vote by placing a cross mark (x) or check mark (√) opposite their choice.
SECTION 27. Section 19-5-199, Mississippi Code of 1972, is amended as follows:
19-5-199. All construction
contracts by the district where the amount of the contract shall exceed Ten
Thousand Dollars ($10,000.00) shall, and construction contracts of less than
Ten Thousand Dollars ($10,000.00) may, be made upon at least three (3) weeks'
public notice. Such notice shall be published * * *
either in at least one (1) newspaper published in such county or having
general circulation therein once a week for at least three (3) consecutive
weeks or by a link to such resolution posted on the county's website or, if the
county does not have a website, its official social media webpage to remain available
to the public for the duration of three (3) consecutive weeks. The first print
publication of such notice shall be made not less than twenty-one (21) days prior
to the date fixed in such notice for the receipt of bids, and the last
publication shall be made not more than seven (7) days prior to such date. The
notice shall state the thing to be done and invite sealed proposals, to be
filed with the secretary of the district, to do the work. In all such cases,
before the notice shall be published, plans and specifications for the work
shall be prepared by a registered professional engineer and shall be filed with
the secretary of the district and there remain. The board of commissioners of
the district shall award the contract to the lowest responsible bidder who will
comply with the terms imposed by such commissioners and enter into bond with
sufficient sureties to be approved by the commissioners in such penalty as
shall be fixed by the commissioners; however, in no case shall such bond be
less than the contract price, conditioned for the prompt, proper efficient
performance of the contract. Contracts of less than Ten Thousand Dollars
($10,000.00) may be negotiated; however, the board of commissioners shall
invite and receive written proposals for the work from at least three (3)
contractors regularly engaged in the type of work involved.
SECTION 28. Section 19-5-207, Mississippi Code of 1972, is amended as follows:
19-5-207. Within ninety
(90) days after the close of each fiscal year, the board of commissioners shall
publish * * * a sworn statement
showing the financial condition of the district, the earnings for the fiscal
year just ended, a statement of the water and sewer rates being charged * * * and a brief statement of the method used in
arriving at such rates. Publication of such statement shall be made either in
a newspaper of general circulation in the county or by a link to such statement
posted on the county's website or, if the county does not have a website, its official
social media page. Such statement shall also be filed with the board of
supervisors creating the district.
SECTION 29. 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 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 either 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 or by a link to such notice posted on the county's website or, if the county does not have a website, its official social media webpage to remain available to the public for the duration of at least three (3) consecutive weeks. The first such print 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 30. Section 19-5-221, Mississippi Code of 1972, is amended as follows:
19-5-221. A certified copy of the resolution so adopted shall be published either in a newspaper having a general circulation within such proposed district or by a link to such resolution posted on the county's website or, if the county does not have a website, its official social media webpage. Print publication shall be made once a week for at least three (3) consecutive weeks before the date specified in the resolution as the date upon which the board intends to create such district. The first such publication shall be made not less than twenty-one (21) days before the date specified, and the last such publication shall be made not more than fourteen (14) days before such date. Online publication shall remain on the county's website or official social media page for the duration of the three week period prior to the date specified in such resolution as the date upon which such board intends to create such district. If twenty percent (20%) or one hundred fifty (150), whichever is the lesser, of the qualified electors of such proposed district file a written petition with such board of supervisors on or before the date specified as the date of creation of the district protesting against creation of such district, the board of supervisors shall call an election on the question of creation of such district. Procedure for the election should conform to the guidelines set forth in Section 19-5-157.
SECTION 31. Section 19-7-3, Mississippi Code of 1972, is amended as follows:
19-7-3. (1) In case any of the real estate belonging to the county shall cease to be used for county purposes, the board of supervisors may sell, convey or lease the same on such terms as the board may elect and may, in addition, exchange the same for real estate belonging to any other political subdivision located within the county. In case of a sale on a credit, the county shall have a lien on the same for the purchase money, as against all persons, until paid and may enforce the lien as in such cases provided by law. The deed of conveyance in such cases shall be executed in the name of the county by the president of the board of supervisors, pursuant to an order of the board entered on its minutes.
(2) (a) Before any lease, deed
or conveyance is executed, the board shall publish * * *
the intention to lease or sell, as the case may be, the county-owned land and to
accept sealed competitive bids for the leasing or sale either in a public newspaper
of the county in which the land is located or by a link to such intention posted
on the county's website or, if the county does not have a website, its official
social media page. Print publication shall be published at least once each
week for three (3) consecutive weeks; if no newspaper be published in said county
and said county has no website, print publication may be published in a newspaper
having general circulation therein. Online publication shall remain available to
the public for the duration of three (3) consecutive weeks. The board shall
thereafter accept bids for the lease or sale. The board, at its option, may reject
all bids or accept the highest and best bid received in response to the advertisement,
or the board may hold an auction among those who submitted bids in response to the
advertisement. If the board elects to hold an auction, no bidder shall be granted
any preference. The opening bid at the auction shall be the highest bid received
in response to the advertisement.
(b) The board of supervisors of any county may contract for the professional services of a Mississippi-licensed real estate broker to assist in the marketing and sale or lease of the property for a reasonable commission, consistent with or lower than the market rate, for services rendered to be paid from the sale or lease proceeds.
(3) (a) During the final year of an existing lease of any real estate belonging to the county, the board shall notify the holder of the existing lease if the board intends to re-lease the property after advertising for bids or holding an auction in the same manner as provided in subsection (2) of this section. If the board receives an acceptable bid in response to the advertisement and elects not to hold an auction among those submitting bids, then the holder of the existing lease may submit a second bid in an amount not less than five percent (5%) of the highest acceptable bid received if the holder of the existing lease: (i) submitted a bid in response to the advertisement; and (ii) constructed or made improvements on the leasehold premises after receiving approval of the board during the term of the existing lease.
(b) If the holder of the existing lease elects to submit a second bid, the board shall hold an auction among those who submitted bids in response to the advertisement. The opening bid at the auction shall be the second bid of the holder of the existing lease. However, no leaseholder may submit a second bid if: (i) any rent, taxes or other payment required under the lease are past due; or (ii) the holder of the lease is otherwise in default of any term or provision of the lease and such default has not been corrected or cured to the satisfaction of the board after more than thirty (30) days' notice to the leaseholder of the default.
(c) If an auction is held, the auction may be conducted at the meeting at which bids are opened or at a subsequent regular or special meeting. The board shall announce the time and place of the auction at the meeting at which bids are opened, and no further notice of the auction is required.
(4) Whenever the board of supervisors shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes (a) that any county-owned property is no longer needed for county or related purposes and is not to be used in the operation of the county, (b) that the sale of the property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the county, and (c) that the use of the county property for the purpose for which it is to be sold, conveyed or leased will promote and foster the development and improvement of the community in which it is located and the civic, social, educational, cultural, moral, economic or industrial welfare thereof, the board of supervisors of such county shall be authorized and empowered, in its discretion, to sell, convey, lease, or otherwise dispose of same for any of the purposes set forth herein.
(5) (a) In addition to such authority as is otherwise granted under this section, the board of supervisors, in its discretion, may sell, lease, or otherwise convey property to any person or legal entity without public notice, without having to advertise for and accept competitive bids and without appraisal, with or without consideration, and on such terms and conditions as the parties may agree if the board of supervisors finds and determines, by resolution duly and lawfully adopted and spread upon its official minutes:
(i) That the subject property is real property acquired by the county:
1. By reason of a tax sale;
2. Because the property was abandoned or blighted; or
3. In a proceeding to satisfy a county lien against the property;
(ii) That the subject property is blighted and is located in a blighted area;
(iii) That the subject property is not needed for governmental or related purposes and is not to be used in the operation of the county;
(iv) That the sale of the property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the county; and
(v) That the use of the property for the purpose for which it is to be conveyed will promote and foster the development and improvement of the community in which it is located or the civic, social, educational, cultural, moral, economic or industrial welfare thereof; the purpose for which the property is conveyed shall be stated.
(b) All costs associated with a conveyance under this subsection shall be paid by the person or entity to whom the conveyance is made.
(c) Any deed or instrument of conveyance executed pursuant to the authority granted under this subsection shall contain a clause of reverter providing that title to the property will revert to the county if the person or entity to whom the property is conveyed does not fulfill the purpose for which the property was conveyed and satisfy all conditions imposed on the conveyance within two (2) years of the date of the conveyance.
(d) In any such deed or instrument of conveyance, the county shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same.
(6) Nothing contained in this section shall be construed to prohibit, restrict or to prescribe conditions with regard to the authority granted under Section 17-25-3 or Section 57-75-37.
SECTION 32. Section 19-7-21, Mississippi Code of 1972, is amended as follows:
19-7-21. Any county which has acquired and conveyed or may hereafter acquire and convey any land for state park purposes and has retained or does retain the mineral rights thereunder may lease the same for oil, gas and other minerals either jointly or severally.
Such lease or leases may be made only after legal advertisement for bids therefor have been published either once a week for three (3) consecutive weeks in some newspaper having a general circulation in the county or by a link to such advertisement posted on the county's website or, if the county does not have a website, its official social media page, to remain available to the public for the duration of three (3) consecutive weeks. It shall be necessary to describe the property in the advertisement by its popular name and by giving a definite legal description by metes and bounds. Said lease, with the legal description of the property set out therein, shall be executed to the highest and best bidder therefore on all the tract involved and shall contain a provision therein that no part of the property involved in said lease shall be dropped during the lifetime of said lease, which shall not be for a longer period than ten (10) years, unless production in commercial quantities results, and that if the delay rentals are not paid on all the property then said lease in its entirety shall become null and void. No lease shall become effective after its acceptance by the board of supervisors until the same shall have the written approval of the state mineral lease commission and the Mississippi Board of Park Examiners affixed thereto.
From the proceeds arising from the execution of the original lease there shall be paid all cost of advertising herein required and other expenses necessary and incident to the execution thereof, and any balance then remaining on hand and accruing thereafter as a result of the rents, profits and income accruing from the lease shall be used, first, to build necessary bridges in the particular park property affected and, second, any balance then remaining on hand shall be used to call or pay any county-wide bonds now or hereafter outstanding and, third, if there be no outstanding county-wide bonds, then such balance shall be paid into the general funds of the county.
Whenever production in commercial quantities is made on any property involved in such lease, the lessee shall not be required to pay delay rentals thereafter so long as such production continues.
The proceeds to be paid to the county from the production of the oil, gas or other minerals shall be subject to all severance taxes imposed by law, just the same as if the county was an individual or corporation.
The lessee shall be liable for all damages to property incurred by any operation in carrying out the terms of said lease.
Nothing in this section shall in any way be construed to limit, abrogate, or otherwise restrict any right, title, or interest in the State of Mississippi.
SECTION 33. Section 19-9-11, Mississippi Code of 1972, is amended as follows:
19-9-11. Before issuing any
bonds for any of the purposes enumerated in Sections 19-9-1 * * * and 19-9-3, the board of supervisors
shall adopt a resolution declaring its intention so to do, stating the amount
of bonds proposed to be issued and the purpose for which the bonds are to be
issued, and the date upon which the board proposes to direct the issuance of such
bonds. Such resolution shall be published * * *
either in at least one (1) newspaper published in such county once
a week for at least three (3) consecutive weeks or by a link to such resolution
posted on the county's website or, if the county does not have a website, its official
social media webpage, to remain available to the public for the duration of at least
three (3) consecutive weeks. The first print publication of such
resolution shall be made not less than twenty-one (21) days prior to the
date fixed in such resolution for the issuance of the bonds, and the last publication
shall be made not more than seven (7) days prior to such date. If no
newspaper be published in such county and no such website exists, then
such notice shall be given by publishing the resolution for the required time
in some newspaper having a general circulation in such county and, in addition,
by posting a copy of such resolution for at least twenty-one (21) days
next preceding the date fixed therein at three (3) public places in such
county. If twenty percent (20%), or fifteen hundred (1500), whichever is less,
of the qualified electors of the county, supervisors district, or road district,
as the case may be, shall file a written protest against the issuance of such bonds
on or before the date specified in such resolution, then an election on the
question of the issuance of such bonds shall be called and held as is provided
in Sections 19-9-13 * * *
and 19-9-15. If no such protest be filed, then such bonds may be issued
without an election on the question of the issuance thereof, at any time within
a period of two (2) years after the date specified in the above-mentioned
resolution. However, the board of supervisors, in its discretion, may nevertheless
call an election on such question, in which event it shall not be necessary to
publish the resolution declaring its intention to issue such bonds as herein
provided.
SECTION 34. Section 19-9-13, Mississippi Code of 1972, is amended as follows:
19-9-13. Where an election is to be called, as provided in Section 19-9-11, notice of such election shall be signed by the clerk of the board of supervisors and shall be published either once a week for at least three (3) consecutive weeks, in at least one newspaper published in such county or by a link to such notice posted on the county's website or, if the county does not have a website, its official social media webpage. The first print publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such county. Online publication should remain available to the public for the duration of the three-week period.
SECTION 35. Section 19-11-7, Mississippi Code of 1972, is amended as follows:
[With regard to any county which is exempt from the provisions of Section 19-2-3, this section shall read as follows:]
19-11-7. (1) The board of
supervisors of each county of the State of Mississippi shall, at its August
meeting of each year, prepare a complete budget of revenues, expenses and a
working cash balance estimated for the next fiscal year, which shall be based
on the aggregate funds estimated to be available for the ensuing fiscal year
for each fund, from which such estimated expenses will be paid, exclusive of school
maintenance funds, which shall be shown separately. Such statement of revenues
shall show every source of revenue along with the amount derived from each
source. The budget containing such statement of revenues and expenses shall be
published * * * either in a newspaper published in the county * * * at least one (1) time during August or
September but not later than September 30 of the year or by a link to such budget
containing statement of revenues and expenses posted on the county's website or,
if the county does not have a website, its official social media webpage to remain
available to the public for the duration of either August or September, according
to the month it is initially posted. If no newspaper is published therein and
no such website exists, then publication is proper in a newspaper
having a general circulation therein.
(2) The board of supervisors shall not prepare a budget that reduces the county budget by more than twenty percent (20%) in the last year of the members' term of office if a majority of the members of the board are not reelected.
[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]
19-11-7. (1) The county
administrator of each county of the State of Mississippi shall prepare and
submit to the board of supervisors at its August meeting of each year a complete
budget of revenues, expenses and a working cash balance estimated for the next
fiscal year, which shall be based on the aggregate funds estimated to be
available for the ensuing fiscal year for each fund, from which such estimated
expenses will be paid, exclusive of school maintenance funds, which shall be
shown separately and exclusive of the budget of the sheriff's department which
shall be prepared by the sheriff. Such statement of revenues shall show every
source of revenue along with the amount derived from each source. The budget,
including the sheriff's budget, containing such statement of revenues and expenses
shall be published * * * either in a newspaper published in the county * * * at least one (1) time during August or
September but not later than September 30 of the year or by a link to such budget
containing statement of revenues and expenses on the county's website or, if the
county does not have a website, its official social media webpage to remain available
to the public for the duration of either August or September, according to the month
it is initially posted. If no such newspaper is published therein and
no such website exists, then publication is proper in a newspaper
having a general circulation therein.
(2) The county administrator shall not prepare a budget that reduces the county budget by more than twenty percent (20%) in the last year of the members' term of office if a majority of the members of the board are not reelected.
SECTION 36. Section 19-13-53, Mississippi Code of 1972, is amended as follows:
19-13-53. A claim under Section
19-13-51 for accidents occurring shall be made in writing, itemized and sworn
to, and shall be filed within three months after such accident occurs, and
shall remain on file with the clerk of the board of supervisors for sixty days
before the first day of the term at which it comes up for hearing. Notice of
its pendency shall be published either in a newspaper published in the
county at least one time before such claim comes up for hearing * * * or by a link to such notice posted on the
county's website or, if the county does not have a website, its official social
media webpage. If there be no paper in such county and no such website,
publication is proper by posting notices at the courthouse and other
public places.
SECTION 37. Section 19-15-3, Mississippi Code of 1972, is amended as follows:
19-15-3. Whenever any county records, documents, files or papers whatsoever are required by law to be preserved and retained, or which are necessary or desirable to be preserved or retained, the board of supervisors of the county shall have the power and authority, in its discretion, to destroy or dispose of any records, documents, files or papers after having reproductions made thereof as hereinafter provided and in accordance with a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1.
Whenever the board of
supervisors of any county shall desire to destroy or dispose of any records,
documents, files or papers, the board shall first cause the same to be
reproduced under standards established by the Department of Archives and
History using microfilm, microfiche, data processing, computers, magnetic tape,
optical discs or other medium. If the county where records and the like are to
be destroyed or disposed of does not have or own the necessary equipment to
reproduce same, the board of supervisors shall be authorized and empowered to
enter into a contract for the reproduction thereof, which contract may be for a
period of not more than twelve (12) months from the date thereof. The contract
shall be awarded to the lowest and best bidder after the board of supervisors
shall have advertised its intentions of awarding such contract by publication
of a notice thereof * * * either in
some newspaper published or having a general circulation in such county once
each week for at least three (3) consecutive weeks or by a link to such notice posted
on the county's website or, if the county does not have a website, its official
social media webpage to remain available to the public for the duration of the three
(3) week period.
After reproduction of the records and the like shall have been made, the board of supervisors shall have the power and authority to destroy and dispose of the originals thereof after spreading upon its minutes certification that the reproductions are true and correct copies and disposal is in accordance with a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1; the reproductions shall thereafter be preserved, retained and stored by the board of supervisors as a record of the county, and provision shall be made for preserving, examining and using them. Any reproductions or copy of any original record or other documents shall be deemed to be the original record for all purposes and shall be admissible as evidence in all courts or administrative agencies. A facsimile, exemplification or certified copy thereof shall, for all purposes set forth herein, be deemed to be a transcript, exemplification or certified copy of the original record.
The board of supervisors of any county is hereby authorized to pay all expenses incurred in reproducing records and the like and in making provision for the preservation, retention and storage of the reproductions from the general fund of the county.
When any of the records and the like of which reproductions are made under the provisions of this section are declared by law or are by their nature confidential and privileged records, then the reproduction thereof shall likewise be deemed to be confidential and privileged to the same extent as the original records and the like.
Nothing herein shall be construed to require the keeping and preservation of any records and documents which are not required by law or a records control schedule to be kept and preserved, or which it is not desirable or necessary to keep and preserve, and in all cases where records and the like are authorized by law to be destroyed or disposed of, they may be disposed of as authorized by a records control schedule approved by the Local Government Records Committee as provided in Section 25-60-1.
SECTION 38. Section 19-23-5, Mississippi Code of 1972, is amended as follows:
19-23-5. The board of
supervisors of any county where the county prosecuting attorney's office has
been abolished may by its own motion entered upon the minutes, make an order to
reestablish the said office of county prosecuting attorney in said county. Said
order shall be published either in a newspaper published in said county and
having a general circulation therein * * * or by a link to such order posted on the
county's website or, if the county does not have a website, its official social
media webpage. If there is no such newspaper or website in said
county, the said order shall be posted in three public places of said county,
and one of the said places shall be the courthouse, for three consecutive weeks
next preceding, and if within that time twenty percent (20%) of the qualified
electors of the county shall petition against re-creation of said office, then
the said office shall not be re-created, unless an election shall have been
ordered in the manner provided for in Section 19-23-3, and a majority of the
qualified voters in said election vote to re-create said office. The said board
shall not re-create said office unless two years after the same has been abolished
shall have passed. Should there be no petition against the re-creation of said
office, the board of supervisors shall re-create said office of county prosecuting
attorney.
SECTION 39. Section 19-27-31, Mississippi Code of 1972, is amended as follows:
19-27-31. If the owner of
any land which shall have been laid off, mapped, or platted as a city, town or
village, or addition thereto, or subdivision thereof, or other platted area,
whether inside or outside a municipality, shall be desirous of altering or vacating
such map or plat, or any part thereof, he may, under oath, petition the
chancery court for relief in the premises, setting forth the particular circumstances
of the case and giving an accurate description of the property, the map or plat
of which is to be vacated, or altered, and the names of the persons to be adversely
affected thereby, or directly interested therein. The parties so named shall be
made defendants thereto, and publication of summons shall be made one time either
in a newspaper published, or having a general circulation, in the county where
the land is situated, * * * or by a link to such summons posted on the county's website
or, if the county does not have a website, its official social media webpage. Such
publication shall clearly state the objects and purposes of the petition.
At any time after the expiration of five days from said publication and the service of process upon the named defendants, the cause or proceeding shall be triable, and the court in term time or the chancellor in vacation may hear the petition and all objections from any person thereto, and may decree according to the merits of the case. However, where all adversely affected or directly interested persons join in said petition, the same may be finally heard and determined by the court or chancellor at any time. If the decree vacate, in whole or in part, or alter the map or plat, it shall be recorded as a deed, and a memorandum thereof noted on the record of the map or plat.
SECTION 40. Section 19-29-7, Mississippi Code of 1972, is amended as follows:
19-29-7. (1) Any county in
which there is located existing railroad properties and facilities or in which
railroad properties and facilities previously existed, but were abandoned after
February 5, 1976, may, by resolution, create a public body corporate and
politic, to be known as a county railroad authority, which shall be authorized
to exercise its functions upon the appointment and qualifications of the first
commissioners thereof. Upon the adoption of a resolution creating a county
railroad authority, the board of supervisors of the county shall, pursuant to
the resolution, appoint five (5) persons as commissioners of the authority.
The commissioners who are first appointed shall be designated to serve the
terms of one (1), two (2), three (3), four (4) and five (5) years respectively.
Thereafter, each commissioner shall be appointed for a term of five (5) years,
except that vacancies occurring otherwise than by the expiration of term shall
be filled for the unexpired term in the same manner as the original appointments.
A county shall not adopt a resolution authorized by this section without a
public hearing thereon. Notice thereof shall be given * * * either
in a newspaper published in the county * * * at least ten (10) days prior thereto
or by a link to such notice posted on the county's website or, if the county
does not have a website, its official social media webpage to remain available to
the public for the duration of at least ten (10) days prior to the public hearing.
If there is no newspaper published therein and no such website, then publication
is proper in a newspaper having general circulation in the county.
(2) Any county and a municipality within a county may create a railroad authority under this section by resolution adopted by the respective governing authorities. The authority shall be governed by five (5) commissioners. The board of supervisors shall appoint two (2) persons as commissioners of the authority. The governing authorities of the municipality shall appoint two (2) persons as commissioners of the authority. One (1) commissioner shall be appointed by the municipality and the county on a rotating basis with the municipality making the first appointment. The terms of the commissioners shall be the same as those provided in subsection (1) with the term designation to be determined by the majority vote of the governing authorities of the municipality and of the county. The municipality and the county may dissolve the authority by a majority vote of both governing authorities.
SECTION 41. Section 19-29-9, Mississippi Code of 1972, is amended as follows:
19-29-9. (1) Two (2) or more counties in which there are located railroad properties and facilities of a railroad, or in which such properties and facilities previously existed, but were abandoned after February 5, 1976, may, by resolution of each, create a public body, corporate and politic, to be known as a regional railroad authority which shall be authorized to exercise its functions upon the issuance by the Secretary of State of a certificate of incorporation. The board of supervisors of each county joining in such regional authority shall, pursuant to the resolution organizing such authority, appoint five (5) residents of the county as commissioners of the authority and, as soon thereafter as practicable, the governing authorities of any municipality in such county, through which such railroads run, shall appoint a commissioner of the authority.
If the regional authority consists of an even number of commissioners, an additional commissioner shall be appointed by the Governor from within the geographic boundaries of the regional authority.
(2) A regional railroad authority may be increased from time to time to serve one or more additional counties if each additional county and each of the counties then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting thereto. If a county railroad authority for any county seeking to be included in the regional authority is then in existence, the commissioners of the county authority shall consent to the inclusion of the county in the regional authority, and if the county authority has any bonds outstanding, unless fifty-one percent (51%) or more of the holders of the bonds consent, in writing, to the inclusion of the county in the regional authority, no such inclusion shall be effected. Upon the inclusion of any county in the regional authority, all rights, contracts, obligations and property, real and personal, of the county authority shall be in the name of and vest in the regional authority.
(3) A regional railroad authority may be decreased if each of the counties then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provision for the retention or disposition of its assets and liabilities; however, if the regional authority has any bonds outstanding, no decrease shall be effected unless seventy-five percent (75%) or more of the holders of the bonds consent thereto in writing.
(4) A county shall not adopt
any resolution authorized by this section without a public hearing thereon. Notice
thereof shall be given * * * either in a newspaper published
in the county * * *
at least ten (10) days prior thereto or by a link to such notice posted
on the county's website or, if the county does not have a website, its official
social media webpage to remain available to the public for the duration of at least
ten (10) days prior to the hearing. If there is no newspaper published therein
and no such website, then publication is proper in a newspaper having
general circulation in the county.
(5) All commissioners of a regional railroad authority appointed by municipalities shall be appointed for terms of five (5) years each. Commissioners who are initially appointed by a board of supervisors shall be designated to serve terms of one (1), two (2), three (3), four (4) and five (5) years, respectively; thereafter, each such term shall be five (5) years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as the original appointments.
(6) A regional railroad authority, in its discretion, by resolution duly adopted and entered upon its minutes, may appoint an executive committee from among its membership. The executive committee shall consist of such number and shall be appointed in such manner so as to fairly represent the counties and municipalities served by the regional authority. The members of the executive committee shall serve for such terms as designated by the regional authority and may be removed from the committee before expiration of their terms in accordance with such procedure as the regional authority may adopt. The executive committee, when so appointed, may be authorized by the regional authority to exercise such powers and perform such duties, with or without the prior approval of the regional authority, as the regional authority deems appropriate; however, the executive committee may not exercise any power or perform any duty that is inconsistent with or in excess of the powers and duties authorized to be performed under the provisions of this chapter by the commissioners of the regional authority.
(7) A regional railroad authority may accept counties, municipalities and other political subdivisions of the state outside the jurisdiction of the regional authority to become associate members.
SECTION 42. Section 19-29-33, Mississippi Code of 1972, is amended as follows:
19-29-33. Bonds authorized by resolution of the authority may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide. No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.
No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted; the lowest interest rate specified for any bonds issued shall not be less than seventy percent (70%) of the highest interest rate specified for the same bond issue.
Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%). The denomination, form and place or places of payment of such bonds shall be fixed in the resolution or ordinance of the governing authorities issuing such bonds. Such bonds shall be executed by the manual or facsimile signature of the chairman and secretary of such authority, with the seal of the authority affixed thereto. At least one (1) signature on each bond shall be a manual signature, as specified in the resolution. The coupons may bear only the facsimile signatures of such chairman and secretary. No bonds shall be issued and sold under the provisions of this chapter for less than par and accrued interest.
The bonds may be sold at not
less than par at public sale held after notice published * * *
either in a newspaper having a general circulation in the area of operation
once at least five (5) days prior to such sale or by a link to such notice posted
on such area of operation's website or, if the area of operation does not have a
website, its official social media page, to remain available to the public for the
duration of at least five (5) days prior to such sale and in a financial
newspaper published in the City of Jackson, Mississippi, or in the City of New
York, New York. Such bonds may be sold at not less than par to the federal
government at private sale without any public advertisement.
In case any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
The determination of the authority, in the resolution authorizing the bonds, as to the classification of the railroad properties and facilities for which such bonds are authorized and as to the maximum period of usefulness shall be conclusive in any action or proceeding involving the validity of such bonds.
SECTION 43. 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 Section 19-31-9;
(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 sixty (60) 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 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 either 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 or by a link to such notice posted on the county's website or, if the county does not have a website, its official social media page, for the duration of 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 44. Section 19-31-9, Mississippi Code of 1972, is amended as follows:
19-31-9. (1) The board of the district, or if necessary, the governing authorities of the municipality in which the district is contained, shall exercise the powers granted to the district pursuant to this chapter. The board shall consist of five (5) members as otherwise provided in this section. Each member shall hold office for an initial term of six (6) years and until a successor is chosen and qualifies. The initial members of the board shall be residents of the state, and at least one (1) of the initial members shall be either a qualified voter within the district or an individual resident of the area immediately adjacent to the district. Upon appointment or election, the board members shall elect a chair who shall conduct board meetings.
(2) (a) Beginning six (6) years after the initial appointment of members, the position of each member whose term has expired shall be filled by a qualified voter of the district, elected by the qualified voters of the district. There shall be an election of members every six (6) years from the date of the ordinance establishing the district. The district manager shall determine the date and time of the election, which election must be held at least twenty (20) days before the anniversary date of the ordinance establishing the district. If a contribution agreement exists, then the governing body of the public entity that is a party to the contribution agreement may appoint one (1) of the five (5) members to the board of the district at the time of the election in lieu of electing that member.
(b) Candidates must qualify in writing by submitting a "Statement of Intent," as prescribed in this paragraph, to the district manager thirty (30) days before the election. The district manager shall prepare a ballot of all candidates qualified to run for office twenty-eight (28) days before the election.
Statement of Intent
Candidate for (insert name of district) Public Improvement District
I, (name of candidate as it will appear on the ballot),
(mailing address, street address, city, state, zip code, telephone number of the candidate), certify that I am a qualified voter, as defined in Section 19-31-5, Mississippi Code of 1972, of the (insert name of public improvement district) Public Improvement District in the State of Mississippi; and I do hereby declare my candidacy for Board of the (insert name of public improvement district) Public Improvement District at the election to be held on (insert date of election).
____________________________________
(Signature of candidate) (Date)
Received by _____________________________________________
(Signature) (Title) (Date)
(c) Notice of the election shall be announced at a public meeting of the board at least ninety (90) days before the date of the election and shall be published either once a week for two (2) consecutive weeks in a newspaper which is in general circulation in the area of the district, the last day of such publication to be not fewer than fourteen (14) days nor more than twenty-eight (28) days before the election or by a link to such notice on the county's website or, if the county does not have a website, its official social media webpage for the duration of two (2) consecutive weeks. In addition, notice of the election shall be sent by United States first-class mail, not fewer than fourteen (14) days before the election, to all qualified voters at their last-known address as shown on the tax rolls. Instructions on how all qualified voters may participate in the election, along with sample proxies, shall be provided as part of the notice required by this paragraph, and the location, date and time of the election shall be included on all instructions and notices.
(d) Each qualified voter shall be entitled to cast only one (1) ballot to elect each of the board members, regardless of the number of parcels owned by that voter within the district. Parcels may not be aggregated for determining the number of ballots allowed to be cast by a qualified voter. A list of qualified voters in the form of a voter roll must be kept current by the district manager and deemed final thirty (30) days before the election.
(e) A qualified voter may vote in person or by proxy in writing. A vote cast by proxy must be submitted at or within fourteen (14) days before the election and must be submitted in the form prescribed in this section. Each proxy must be signed
by the qualified voter for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy and the street address, legal description of the property or the property's tax parcel identification number. The signature on a proxy need not be notarized. All votes cast by proxy must be reflected in the voter roll.
Proxy for Election
(Insert name of district) Public Improvement District
I,____________________________________, (name of qualified voter); _________________________________________________(street address); _____________________________________________ (legal description); ______________________________ (tax parcel identification number).
[NOTE: To be considered, this proxy must contain at least one (1) of either: the street address; legal description; or tax parcel identification number.]
1. Do constitute and appoint ______________________ _____________________ (name), attorney and agent for me, and in my name, place and stead, to vote as my proxy for the election of members of the Board of Directors of the (name of district) Public Improvement District on (insert date), at the (insert voting location/facility name with street address); OR (only choose one)
2. Do hereby cast my vote for: ______________________________________ [print or type name of person being voted for – PLEASE NOTE THAT YOUR VOTE MUST BE FOR A QUALIFIED VOTER (AS DEFINED IN MISSISSIPPI CODE SECTION 19-31-5) OF THE DISTRICT. A QUALIFIED VOTER MEANS ANY LANDOWNER OF THE DISTRICT WHO IS AT LEAST EIGHTEEN (18) YEARS OF AGE OR AN AUTHORIZED REPRESENTATIVE OF THE LANDOWNER WHO IS ALSO AT LEAST EIGHTEEN (18) YEARS OF AGE.] to be elected as a member of the Board of Directors of the (name of district) Public Improvement District for a term beginning (date of term) and ending six (6) years from that date or until a successor is chosen.
I understand that I have the right to revoke this proxy at any time before the election. I understand that I have the right to be present in person at the election.
I have executed this proxy on (insert date).
__________________________________
(Printed Name of Qualified Voter)
__________________________________
(Signature of Qualified Voter)
(f) A qualified voter may cast only one (1) vote for each of the five (5) board member positions. When a qualified voter casts a vote for the same person more than once, only one (1) of the votes cast for that person will be counted. When a qualified voter casts more votes to elect board members than he or she is entitled to cast, all votes are invalid, and the qualified voter is deemed to have voted for none of them. When a qualified voter casts fewer votes to elect board members than he or she is entitled to cast, all votes cast by the qualified voter must be counted, but no votes shall be counted more than once.
(g) If a board member dies, resigns or otherwise is prevented from serving as a board member, the board of the district shall appoint a member to fill the remainder of the board member's term. If no qualified voter is willing to serve on the board of the district, the governing body that established the district shall appoint members as necessary to fill any vacancy for the remainder of the term.
(3) Members of the board shall be known as directors and, upon entering into office, shall take an oath of office. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term.
(4) A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members present unless general law or a rule of the district requires a greater number. If a quorum cannot be obtained in a board meeting, the governing body that established the district shall appoint members as necessary to replace any board member missing three (3) consecutive meetings.
(5) As soon as practicable after each election or appointment, the board shall organize by electing one (1) of its members as chair and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary.
(6) The board shall keep a permanent minute book in which shall be recorded minutes of all meetings, resolutions, ordinances, proceedings and all corporate acts.
(7) Members of the board may receive per diem compensation for services in an amount as provided under Section 25-3-69, and shall be entitled to expenses necessarily incurred in the discharge of their duties in accordance with Section 25-3-41. Any payments for compensation and expenses shall be paid from funds of the district.
SECTION 45. Section 19-31-23, Mississippi Code of 1972, is amended as follows:
19-31-23. (1) The district may issue and sell from time to time bonds, notes, negotiable notes, tax anticipation notes, bond anticipation notes, other fund anticipation notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, certificates of participation, debentures, warrants, commercial paper or other obligations or evidences of indebtedness to provide funds for and to fulfill and achieve its public purpose or corporate purposes, as set forth in this chapter, including, but not limited to, the payment of all or a portion of the costs of a project, to provide amounts necessary for any corporate purposes, including incidental expenses in connection with the issuance of the obligations, the payment of principal and interest on the obligations of the district, the establishment of reserves to secure such obligations, and all other purposes and expenditures of the district incident to and necessary or convenient to carry out its public functions or corporate purposes, and any credit enhancement for such obligations.
(2) Before the issuance of any bonds as authorized under this chapter, the district shall hold a public hearing on the advisability of the indebtedness. Notice of the hearing must be published either twice in a newspaper having general circulation in each county where the district is located or by a link to such resolution posted on the county's website or, if the county does not have a website, its official social media webpage to remain available to the public for the duration of two (2) weeks. The final print publication of notice must be at least ten (10) days before the public hearing. The district shall give, by United States first-class mail, written notice of the public hearing to all qualified voters in the district. The notice must be addressed to "Property Owner" and mailed by United States first-class mail to the current address of the owner, as reflected on tax rolls of property located in the district.
(3) (a) If a district proposes to enter into a contribution agreement with a public entity for any bond issue, the public entity shall hold a public hearing on the advisability of the contribution agreement for any bonds the district proposes to enter.
(b) Notice of the hearing must be published twice in a newspaper having general circulation in each county where the public entity is located. The final publication of notice must be at least ten (10) days before the public hearing.
(c) The notice must state the following:
(i) Time and place of the hearing;
(ii) General nature of the proposed improvement;
(iii) Estimated cost of the improvement;
(iv) Boundaries of the public improvement district;
(v) Proposed method of assessment;
(vi) Proposed amount and term of indebtedness;
(vii) Name of the public entity entering into the contribution agreement; and
(viii) Proposed amount of contribution by the public entity.
(d) The hearing may be adjourned from time to time until the governing body of the public entity makes findings by resolution as to the following:
(i) Advisability of the improvement;
(ii) Nature of the improvement;
(iii) Estimated cost of the improvement;
(iv) Boundaries of the public improvement district;
(v) Method of assessment;
(vi) Market value of real property within the district determined in accordance with paragraph (c) of this subsection; and
(vii) Terms of the contribution agreement.
(e) As provided in subsection (3)(d)(vi) of this section, the governing body of the public entity shall obtain an appraisal in accordance with the Uniform Standards of Professional Appraisal Practice, with special consideration given to the Income Approach to Value using a discounted cash flow analysis of the entire commercial, residential or industrial subdivision. The appraisal must satisfy all parties to the contribution agreement that the value of the property in the district will be sufficient to ensure payment of any obligation to which a public entity is subject.
(4) Except as may otherwise be provided by the district, all obligations issued by the district shall be negotiable instruments and payable solely from the levy of any special assessment by the district or from any other sources whatsoever that may be available to the district but shall not be secured by the full faith and credit of the state or the county or municipality that created the district.
(5) Obligations shall be authorized, issued and sold by a resolution or resolutions of the district adopted as provided in this chapter. Such bonds or obligations may be of such series, bear such date or dates, mature at such time or times, bear interest at such rate or rates, including variable, adjustable, or zero interest rates, be payable at such time or times, be in such denominations, be sold at such price or prices, at public or private negotiated sale, after advertisement as is provided for in Section 17-21-53(2) for and in connection with any public sale, be in such form, carry such registration and exchangeability privileges, be payable at such place or places, be subject to such terms of redemption and be entitled to such priorities on the income, revenue and receipts of, or available to, the district as may be provided by the district in the resolution or resolutions providing for the issuance and sale of the bonds or obligations of the district.
(6) The obligations of the district shall be signed by such directors or officers of the district by either manual or facsimile signatures as shall be determined by resolution or resolutions of the district, and shall have impressed or imprinted thereon the seal of the district or a facsimile thereof.
(7) Any obligations of the district may be validly issued, sold and delivered notwithstanding that one or more of the directors or officers of the district signing such obligations or whose facsimile signature or signatures may be on the obligations shall have ceased to be such director or officer of the district at the time such obligations shall actually have been delivered.
(8) Obligations of the district may be sold in such manner and from time to time as may be determined by the district to be most beneficial, and the district may pay all expenses, premiums, fees or commissions that it deems necessary or advantageous in connection with the issuance and sale thereof, subject to the provisions of this chapter.
(9) The district may authorize the establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve or such other funds or reserves as the district may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust or similar instrument or agreement pursuant to the provisions of which the issuance of bonds or other obligations of the district may be authorized.
(10) Notwithstanding any other law to the contrary, but subject to any agreement with bondholders or noteholders, monies of the district not required for immediate use, including proceeds from the sale of any bonds, notes or other obligations, may be invested in the following:
(a) Obligations of any municipality, the State of Mississippi or the United States of America;
(b) Obligations of which the principal and interest are guaranteed by the State of Mississippi or the United States of America;
(c) Obligations of any corporation wholly owned by the United States of America;
(d) Obligations of any corporation sponsored by the United States of America which are, or may become, eligible as collateral for advances to member banks as determined by the Board of Governors of the Federal Reserve System;
(e) Obligations of insurance firms or other corporations whose investments are rated "A" or better by recognized rating companies;
(f) Certificates of deposit or time deposits of qualified depositories of the State of Mississippi as approved by the State Depository Commission, secured in such manner, if any, as the commission determines appropriate;
(g) Contracts for the purchase and sale of obligations of the type described in paragraphs (a) through (e) of this subsection;
(h) Repurchase agreements secured by obligations described in paragraphs (a) through (e) of this subsection; and
(i) Money market funds, the assets of which are required to be invested in obligations described in paragraphs (a) through (f) of this subsection.
(11) Any cost, obligation or expense incurred for any of the purposes specified in this chapter shall be a part of the project costs and may be paid or reimbursed as such out of the proceeds of bonds or other obligations issued by the district.
(12) Neither the directors of the board nor any person executing the bonds shall be personally liable for the bonds or be subject to any personal liability by reason of the issuance thereof. No earnings or assets of the district shall accrue to the benefit of any private persons. However, the limitation of liability provided for in this subsection shall not apply to any gross negligence or criminal negligence on the part of any director or person executing the bonds.
(13) The district may avail itself of the provisions of Sections 31-13-1 through 31-13-11.
(14) This chapter constitutes full and complete authority for the issuance of bonds and the exercise of the powers of the district provided herein. No procedures or proceedings, publications, notices, consents, approvals, orders, acts or things by the board or any board, officers, commission, department, agency or instrumentality of the district, other than those required by this chapter, shall be required to perform anything under this chapter, except that the issuance or sale of bonds pursuant to the provisions of this chapter shall comply with the general law requirements applicable to the issuance or sale of bonds by the district. Nothing in this chapter shall be construed to authorize the district to utilize bond proceeds to fund the ongoing operations of the district.
(15) Before incurring any debt as provided in subsection (1) of this section, the district may, but shall not be required to, secure an agreement from one or more developers obligating such developer or developers:
(a) To effect the completion of all or any portion of a project at no cost to the district;
(b) To pay all or any portion of the real property taxes due on the project in a timely manner; and
(c) To maintain and operate all or any portion of the buildings or other facilities or improvements of the project in such a manner as to preserve property values.
No breach of any such agreement shall impose any pecuniary liability upon a district or any charge upon its general credit or against its taxing powers.
Additionally, the district may enter into an agreement with the developer under which the developer may construct all or any part of the project with private funds in advance of issuance of bonds and may be reimbursed by the district for actual costs incurred by the developer upon issuance and delivery of bonds and receipt of the proceeds, conditioned upon dedication of the project by the developer to the district, a governmental agency, a county or a municipality to assure public use and access. This condition shall not apply to the privately owned portion of a project for which the Mississippi Development Authority has issued a certificate of convenience and necessity pursuant to the Regional Economic Development Act.
As used in this section, the term "developer" means any entity or natural person which enters into an agreement with a district whereby the developer agrees to construct, operate and maintain or procure the construction, operation and maintenance of a project or projects, or portions thereof, upon land within the district.
SECTION 46. Section 19-31-39, Mississippi Code of 1972, is amended as follows:
19-31-39. (1) The district, or if necessary, the governing authorities of the municipality in which the district is contained, may prescribe, fix, establish and collect rates, fees, rentals or other charges for the facilities and services furnished by the district, within the limits of the district, including, but not limited to, recreational facilities, water management and control facilities and water and sewer systems. The district may also recover the costs of making connection with any district facility or system and provide for reasonable penalties against any user or property for any such rates, fees, rentals or other charges that are delinquent.
(2) No such rates, fees, rentals or other charges for any of the facilities or services of the district may be fixed until after a public hearing at which all the users of the proposed facility or services shall have an opportunity to be heard concerning the proposed rates, fees, rentals or other charges. Notice of such public hearing setting forth the proposed schedule of rates, fees, rentals and other charges shall be published either in a newspaper having general circulation in each county where the district is located once at least ten (10) days before such public hearing or by a link to such notice posted on the county's website or, if the county does not have a website, its official social media webpage, to remain available to the public for the duration of at least ten (10) days before such public hearing.
SECTION 47. Section 21-1-7, Mississippi Code of 1972, is amended as follows:
21-1-7. The mayor and board
of aldermen or municipal authorities may change the name of any municipality by
preparing in writing the proposed change and having same published * * * either in a newspaper
published in such municipality, if there be one * * * for three (3) weeks, or by a link to such
proposed change posted on the municipality's website or, if the municipality does
not have a website, its official social media webpage to remain available to the
public for the duration of three (3) weeks. If the municipality has
none of these, then by posting for said time in at least three (3)
public places therein, after which the proposed change shall be submitted to
the governor for his approval. If, after publication is made, one-tenth of the
qualified electors of the municipality shall within ten days after the
completion of such publication protest against the proposed change, the
governor shall not approve same until it shall be submitted to and ratified by
a majority of the qualified electors of the municipality. When approved by the
governor, the same shall be recorded in the office of the secretary of state and
upon the record of the municipal governing authorities.
SECTION 48. Section 21-1-15, Mississippi Code of 1972, is amended as follows:
21-1-15. After the filing
of said petition, and upon request therefor by the petitioners, the chancellor
shall set a day certain, either in termtime or in vacation, for the hearing of
such petition and notice shall be given to all persons interested in, affected
by, or having objections to the proposed incorporation, that the hearing on the
petition will be held on the day fixed by the chancellor and that all such
persons will have the right to appear and enter their objections, if any, to
the proposed incorporation. The said notice shall be given by publication
thereof either in some newspaper published or having a general
circulation in the territory proposed to be incorporated once each week for
three (3) consecutive weeks * * * or by a link to such notice posted on the municipality's
website or, if the municipality does not have a website, its official social media
webpage, for the duration of three (3) consecutive weeks and by posting a
copy of such notice in three (3) or more public places in such
territory. The first publication of such notice and the posted notice shall be
made at least thirty (30) days prior to the day fixed for the hearing of
said petition, and such notice shall contain a full description of the
territory proposed to be incorporated. However, if any of the territory
proposed to be incorporated is located within three (3) miles of the
boundaries of an existing municipality, then such existing municipality shall
be made a party defendant to such petition and shall be served with process in
the manner provided by law, which process shall be served at least thirty (30)
days prior to the date set for the hearing.
SECTION 49. Section 21-3-7, Mississippi Code of 1972, is amended as follows:
21-3-7. (1) Except as
provided in subsection (3) of this section, in all municipalities having a
population of less than ten thousand (10,000) according to the latest * * *
federal decennial census, there shall be five (5) aldermen, which aldermen
may be elected from the municipality at large, or, in the discretion of the
municipal authority, the municipality may be divided into four (4) wards, with
one (1) alderman to be selected from each ward and one (1) from the municipality
at large. On a petition of twenty percent (20%) of the qualified electors of
any such municipality, the provisions of this section as to whether or not the
aldermen shall be elected from wards or from the municipality at large shall be
determined by the vote of the majority of the qualified electors of the
municipality voting in a special election called for that purpose. All
aldermen shall be selected by vote of the entire electorate of the municipality.
Those municipalities which determine to select one (1) alderman from each of the
four (4) wards shall select one (1) from the candidates for alderman from each
particular ward who shall be a resident of said ward by majority vote of the
entire electorate of the municipality.
(2) Except as provided in subsection
(4) of this section, in all municipalities having a population of ten thousand
(10,000) or more, according to the latest * * *
federal decennial census, there shall be seven (7) aldermen, which
aldermen may be elected from the municipality at large, or, in the discretion
of the municipal authority, the municipality may be divided into six (6) wards,
with one (1) alderman to be selected from each ward and one (1) from the municipality
at large. On a petition of twenty percent (20%) of the qualified electors of
any such municipality, the provisions of this section as to whether or not the
aldermen shall be elected from wards or from the municipality at large shall be
determined by the vote of the majority of the qualified electors of the municipality
voting in a special election called for that purpose. This section in no way
affects the number of aldermen, councilmen, or commissioners of any city
operating under a special charter. All aldermen shall be selected by vote of
the entire electorate of the municipality. Those municipalities which
determine to select one (1) alderman from each of the six (6) wards shall
select one (1) of the candidates for alderman from each particular ward by
majority vote of the entire electorate of the municipality.
(3) In any municipality
having a population of five hundred (500) or less according to the latest * * *
federal decennial census, there may be three (3) aldermen. The change
from five (5) aldermen to three (3) aldermen shall be approved by a majority of
the qualified electors of the municipality voting in a special election held
for this purpose.
(4) If a municipality has a
population according to the 2010 federal decennial census that is less than ten
thousand (10,000) and whose population according to the 2020 federal decennial
census is ten thousand (10,000) or more, the municipality may elect to continue
with five (5) aldermen and not increase to seven (7) aldermen by the adoption
of a resolution by a majority of the board of aldermen expressing the intent to
continue with five (5) aldermen and not increase to seven (7) aldermen. Before
the adoption of such resolution, the proposed resolution shall be published * * * either
in at least one (1) newspaper published in the municipality for three (3) consecutive
weeks or by a link to such proposed resolution posted on the municipality's website
or, if the municipality does not have a website, its official social media webpage,
to remain available to the public for the duration of three (3) consecutive weeks.
The first print publication of such resolution shall be made not less
than twenty-one (21) days prior to the date fixed in such resolution for the
adoption of the same and the last publication shall be made not more than seven
(7) days prior to such date. If no newspaper be published in the municipality and
no such website exists, then such notice shall be given by publishing the
resolution for the required time in some newspaper having a general circulation
in such municipality and, in addition, by posting a copy of such resolution for
at least twenty-one (21) days next preceding the date fixed to adopt the
resolution at three (3) public places in such municipality. If ten percent
(10%) of the qualified electors of the municipality or fifteen hundred (1,500)
whichever is lesser, shall file a written protest against the resolution on or
before the date specified in the resolution, then an election on the question
shall be called. Notice of such election shall be signed by the clerk of the
municipality and shall be published * * *
either in at least one (1) newspaper published in the municipality once
a week for at least three (3) consecutive weeks or by a link to such notice posted
on the municipality's website or, if the municipality does not have a website, its
official social media webpage, for the duration of three (3) consecutive weeks.
The first print publication of such notice shall be made not less than
twenty-one (21) days prior to the date fixed for such election and the last publication
shall be made not more than seven (7) days prior to such date. If no newspaper
be published in the municipality and no such website exists, then such
notice shall be given by publishing the same for the required time in some
newspaper having a general circulation in such municipality and, in addition,
by posting a copy of such notice for at least twenty-one (21) days next
preceding the date fixed to adopt the resolution at three (3) public places in
such municipality. At the election, all qualified electors of such municipality
may vote, and the ballots used in the election shall have printed thereon a
brief statement of the purpose of the increase in the number of aldermen and
the words "FOR THE INCREASE IN THE NUMBER OF ALDERMEN FROM 5 TO 7" and
on a separate line, "AGAINST THE INCREASE IN NUMBER OF ALDERMEN FROM 5 TO
7" and the voters shall vote by placing a cross (X) or check (√)
opposite their choice on the proposition. The results of the election shall be
certified by the municipal election commissions and spread on the minutes of
the municipality. If a majority of electors who voted in the election vote in
favor of maintaining five (5) aldermen and not increasing the number to seven
(7) aldermen, the number of aldermen shall remain at five (5) and shall not be
increased except by special election called for such purpose. If a majority of
electors who voted in the election vote against maintaining five (5) aldermen
and in favor of increasing the number to seven (7) aldermen, the number of aldermen
for such municipality shall be increased to seven (7) aldermen and the number
shall not be decreased except by act of the Legislature.
SECTION 50. Section 21-5-15, Mississippi Code of 1972, is amended as follows:
21-5-15. At the first
regular meeting of the council that is first elected, or as soon thereafter as
practicable, the council shall, by ordinance, fix the salary of the mayor and
each of the councilmen (or commissioners), which ordinance shall not become
operative until the same shall have been approved by a majority of the
qualified electors voting at an election to be held for that purpose, as
provided by this section. Said ordinance shall be published either in a
newspaper published in said city, and having a general circulation therein, for
at least ten (10) days before such election, * * * or by a link to such ordinance posted on
the municipality's website or, if the municipality does not have a website, its
official social media webpage to remain available to the public for the duration
of at least ten (10) days before such election. Notice of the date of such
election shall be given by the council for ten (10) days by publication
in a newspaper published in such city, and having general circulation therein,
or by a link to such ordinance posted on the municipality's website or, if the municipality
does not have a website, its official social media webpage to remain available to
the public for the duration of ten (10) days. In case such ordinance shall
be rejected by the electors at such election, then a new ordinance, or
ordinances, may be passed by the council and submitted to the electors in like
manner, until the same shall have been ratified by the electors. When an
ordinance so fixing the salaries shall have been finally adopted and approved,
the salaries so fixed shall remain in effect until altered or changed in the
manner hereinafter provided.
To reduce the salary so
fixed it shall be sufficient that the council adopt an ordinance to that
effect, which ordinance shall become effective upon adoption without the
necessity of publication or of an election. To increase the salary so fixed,
an ordinance shall be duly adopted, by the council, which ordinance shall be
published for ten (10) days in a newspaper published or having a general
circulation in such city * * *, and or by a link to such ordinance posted on the municipality's
website or, if the municipality does not have a website, its official social media
webpage to remain available to the public for ten (10) days. The ordinance
shall not become effective until it shall have been approved by a majority of
the qualified electors of such city voting at an election to be held for that
purpose after notice of such election shall have been given by the council for
ten (10) days by publication in a newspaper published in such city or
having a general circulation therein, the last notice to appear not more than
one (1) week next prior to the date of the election, or by a link to such
ordinance posted on the municipality's website or, if the municipality does not
have a website, its official social media webpage to remain available to the public
for ten (10) days.
Every officer or assistant, other than the mayor and councilmen, shall receive such salary or compensation as the council shall by ordinance provide. The salary or compensation of all other employees of such city shall be fixed by the council from time to time, as occasion may demand.
SECTION 51. Section 21-13-11, Mississippi Code of 1972, is amended as follows:
21-13-11. Every ordinance
passed by the governing body of a municipality, except as is otherwise provided
by law, shall be certified by a municipal clerk, signed by the mayor or a
majority of all the members of the governing body, recorded in the ordinance
book, and published at least one (1) time either in some newspaper
published in such municipality * * * or by a link to such ordinance posted on
the municipality's website or, if the municipality does not have a website, its
official social media webpage. If there be no such newspaper or website,
then the ordinance shall be published in a newspaper within the county
having general circulation in said municipality, or, if there be no newspaper
published in or having general circulation in same, then in any newspaper
published in the State of Mississippi having general circulation in said
county; and all of same shall be done before such ordinance shall be
effective. The publication of the ordinance may be made as provided in Section
21-17-19. No ordinance shall be in force for one (1) month after its passage;
however, any ordinance for the immediate and temporary preservation of the
public peace, health or safety or for other good cause, which is adopted by
unanimous vote of all members of the governing body, may be made effective from
and after its passage by a unanimous vote of all members of the governing
body. However, in such cases, such ordinance shall contain a statement of
reason why it is necessary that same become immediately effective. All such
ordinances shall be published and recorded in the ordinance book in the same
manner as other ordinances, but shall become effective immediately upon the
adoption thereof, and prior to being so recorded and published. Nothing in this
section shall apply to ordinances appropriating money for the payment of the
current expenses of the municipality or the payment of sums due on any contract
previously made.
SECTION 52. Section 21-17-1, Mississippi Code of 1972, is amended as follows:
21-17-1. (1) Every municipality of this state shall be a municipal corporation and shall have power to sue and be sued; to purchase and hold real estate, either within or without the corporate limits, for all proper municipal purposes, including parks, cemeteries, hospitals, schoolhouses, houses of correction, waterworks, electric lights, sewers and other proper municipal purposes; to purchase and hold personal property for all proper municipal purposes; to sell or dispose of personal property or real property owned by it consistent with Section 17-25-25; to acquire equipment and machinery by lease-purchase agreement and to pay interest thereon, if contracted, when needed for proper municipal purposes; and to sell and convey any real property owned by it, and make such order respecting the same as may be deemed conducive to the best interest of the municipality, and exercise jurisdiction over the same.
(2) (a) In case any of the
real property belonging to a municipality shall cease to be used for municipal
purposes, the governing authority of the municipality may sell, convey or lease
the same on such terms as the municipal authority may elect. In case of a sale
on a credit, the municipality shall charge appropriate interest as contracted
and shall have a lien on the same for the purchase money, as against all
persons, until paid and may enforce the lien as in such cases provided by law.
The deed of conveyance in such cases shall be executed in the name of the
municipality by the governing authority of the municipality pursuant to an
order entered on the minutes. In any sale or conveyance of real property, the
municipality shall retain all mineral rights that it owns, together with the
right of ingress and egress to remove same. Except as otherwise provided in
this section, before any such lease, deed or conveyance is executed, the
governing authority of the municipality shall publish * * * the intention to lease or sell, as the case
may be, the municipally owned real property and to accept sealed competitive bids
for the leasing or sale either in a public newspaper of the municipality in which
the real property is located at least once each week for three (3) weeks or by a
link to such intention posted on the municipality's website or, if the municipality
does not have a website, its official social media webpage, for the duration of
three (3) consecutive weeks. If no such newspaper is published and no such website
exists, then publication is proper in a newspaper having general circulation therein.
The governing authority of the municipality shall thereafter accept bids for
the lease or sale and shall award the lease or sale to the highest bidder in the
manner provided by law. However, whenever the governing authority of the
municipality shall find and determine, by resolution duly and lawfully adopted
and spread upon its minutes (i) that any municipally owned real property is no
longer needed for municipal or related purposes and is not to be used in the
operation of the municipality, (ii) that the sale of such property in the
manner otherwise provided by law is not necessary or desirable for the
financial welfare of the municipality, and (iii) that the use of such property
for the purpose for which it is to be sold, conveyed or leased will promote and
foster the development and improvement of the community in which it is located
and the civic, social, educational, cultural, moral, economic or industrial
welfare thereof, the governing authority of the municipality shall be
authorized and empowered, in its discretion, to sell, convey or lease same for
any of the purposes set forth herein without having to advertise for and accept
competitive bids.
(b) In any case in which a municipality proposes to sell, convey or lease real property under the provisions of this subsection (2) without advertising for and accepting competitive bids, the governing authority may sell, convey or lease the property as follows:
(i) Consideration for the purchase, conveyance or lease of the property shall be not less than the average of the fair market price for such property as determined by at least two (2) professional property appraisers selected by the municipality and approved by the purchaser or lessee. Appraisal fees shall be shared equally by the municipality and the purchaser or lessee;
(ii) The governing authority of a municipality may contract for the professional services of a Mississippi licensed real estate broker to assist the municipality in the marketing and sale or lease of the property, and may provide the broker reasonable compensation for services rendered to be paid from the sale or lease proceeds. The reasonable compensation shall not exceed the usual and customary compensation for similar services within the municipality; or
(iii) The governing authority of a municipality may lease property of less than one thousand five hundred (1,500) square feet to any person or legal entity by having two (2) appraisals establish the fair market value of the lease, and on such other terms and conditions as the parties may agree, such lease being lawfully adopted and spread upon its official minutes.
(3) Whenever the governing authority of the municipality shall find and determine by resolution duly and lawfully adopted and spread upon the minutes that municipally owned real property is not used for municipal purposes and therefore surplus as set forth in subsection (2) of this section:
(a) (i) Except as otherwise provided in subparagraph (ii) of this paragraph (a), the governing authority may donate such lands to a bona fide not-for-profit civic or eleemosynary corporation organized and existing under the laws of the State of Mississippi and granted tax-exempt status by the Internal Revenue Service and may donate such lands and necessary funds related thereto to the public school district in which the land is situated for the purposes set forth herein. Any deed or conveyance executed pursuant hereto shall contain a clause of reverter providing that the bona fide not-for-profit corporation or public school district may hold title to such lands only so long as they are continued to be used for the civic, social, educational, cultural, moral, economic or industrial welfare of the community, and that title shall revert to the municipality in the event of the cessation of such use for a period of two (2) years. In any such deed or conveyance, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same;
(ii) If the governing authority of a municipality with a total population of greater than forty thousand (40,000) but not more than forty-two thousand five hundred (42,500) according to the 2010 federal decennial census, donates real property to a bona fide not-for-profit civic or eleemosynary corporation and such civic or eleemosynary corporation commits Two Million Dollars ($2,000,000.00) to renovate or make capital improvements to the property by an agreement between a certain state institution of higher learning and the civic or eleemosynary corporation, then the clause of reverter required by this paragraph shall provide that title of such real property shall revert 1. to the bona fide not-for-profit civic or eleemosynary corporation, if a certain state institution of higher learning ceases to use the property for the purposes required by this paragraph (a) for donated lands, or 2. to the municipality, if a certain state institution of higher learning ceases to use the property for the purposes required by this paragraph (a) and the not-for-profit civic or eleemosynary corporation or its successor ceases to exist;
(b) (i) The governing authority may donate such lands to a bona fide not-for-profit corporation (such as Habitat for Humanity) which is primarily engaged in the construction of housing for persons who otherwise can afford to live only in substandard housing. In any such deed or conveyance, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same;
(ii) In the event the governing authority does not wish to donate title to such lands to the bona fide not-for-profit civic or eleemosynary corporation, but wishes to retain title to the lands, the governing authority may lease the lands to a bona fide not-for-profit corporation described in paragraph (a) or this paragraph (b) for less than fair market value;
(c) The governing authority may donate any municipally owned lot measuring twenty-five (25) feet or less along the frontage line as follows: the governing authority may cause the lot to be divided in half along a line running generally perpendicular to the frontage line and may convey each one-half (1/2) of that lot to the owners of the parcels laterally adjoining the municipally owned lot. All costs associated with a conveyance under this paragraph (c) shall be paid by the person or entity to whom the conveyance is made. In any such deed or instrument of conveyance, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same;
(d) Nothing contained in this subsection (3) shall be construed to prohibit, restrict or to prescribe conditions with regard to the authority granted under Section 17-25-3.
(4) Every municipality shall also be authorized and empowered to loan to private persons or entities, whether organized for profit or nonprofit, funds received from the United States Department of Housing and Urban Development (HUD) under an urban development action grant or a community development block grant under the Housing and Community Development Act of 1974 (Public Law 93-383), as amended, and to charge interest thereon if contracted, provided that no such loan shall include any funds from any revenues other than the funds from the United States Department of Housing and Urban Development; to make all contracts and do all other acts in relation to the property and affairs of the municipality necessary to the exercise of its governmental, corporate and administrative powers; and to exercise such other or further powers as are otherwise conferred by law.
(5) (a) The governing authority of any municipality may establish an employer-assisted housing program to provide funds to eligible employees to be used toward the purchase of a home. This assistance may be applied toward the down payment, closing costs or any other fees or costs associated with the purchase of a home. The housing assistance may be in the form of a grant, forgivable loan or repayable loan. The governing authority of a municipality may contract with one or more public or private entities to provide assistance in implementing and administering the program and shall adopt rules and regulations regarding the eligibility of a municipality for the program and for the implementation and administration of the program. However, no general funds of a municipality may be used for a grant or loan under the program.
(b) Participation in the program established under this subsection (5) shall be available to any eligible municipal employee as determined by the governing authority of the municipality. Any person who receives financial assistance under the program must purchase a house and reside within certain geographic boundaries as determined by the governing authority of the municipality.
(c) If the assistance authorized under this subsection (5) is structured as a forgivable loan, the participating employee must remain as an employee of the municipality for an agreed upon period of time, as determined by the rules and regulations adopted by the governing authority of the municipality, in order to have the loan forgiven. The forgiveness structure, amount of assistance and repayment terms shall be determined by the governing authority of the municipality.
(6) The governing authority
of any municipality may contract with a private attorney or private collection
agent or agency to collect any type of delinquent payment owed to the municipality,
including, but not limited to, past-due fees, fines and other assessments, or
with the district attorney of the circuit court district in which the
municipality is located to collect any delinquent fees, fines and other
assessments. Any such contract debt may provide for payment contingent upon
successful collection efforts or payment based upon a percentage of the
delinquent amount collected; however, the entire amount of all delinquent payments
collected shall be remitted to the municipality and shall not be reduced by any
collection costs or fees. Any private attorney or private collection agent or
agency contracting with the municipality under the provisions of this subsection
shall give bond or other surety payable to the municipality in such amount as the
governing authority of the municipality deems sufficient. Any private attorney
with whom the municipality contracts under the provisions of this subsection
must be a member in good standing of The Mississippi Bar. Any private
collection agent or agency with whom the municipality contracts under the
provisions of this subsection must meet all licensing requirements for doing
business in the State of Mississippi. Neither the municipality nor any officer
or employee of the municipality shall be liable, civilly or criminally, for any
wrongful or unlawful act or omission of any person or business with whom the municipality
has contracted under the provisions of this subsection. The Mississippi
Department of Audit shall establish rules and regulations for use by
municipalities in contracting with persons or businesses under the provisions
of this subsection. If a municipality uses its own employees to collect any
type of delinquent payment owed to the municipality, then from and after July
1, 2000, the municipality may charge an additional fee for collection of the
delinquent payment provided the payment has been delinquent for ninety (90)
days. The collection fee may not exceed twenty-five percent (25%) of the
delinquent payment if the collection is made within this state and may not
exceed fifty percent (50%) of the delinquent payment if the collection is made
outside this state. In conducting collection of delinquent payments, the municipality
may utilize credit cards or electronic fund transfers. The municipality may pay
any service fees for the use of such methods of collection from the collection
fee, but not from the delinquent payment. There shall be due to the municipality
from any person whose delinquent payment is collected under a contract executed
as provided in this subsection an amount, in addition to the delinquent payment, * * * not to exceed twenty-five percent (25%) of
the delinquent payment for collections made within this state, and not to
exceed fifty percent (50%) of the delinquent payment for collections made
outside of this state.
(7) In addition to such authority as is otherwise granted under this section, the governing authority of any municipality may expend funds necessary to maintain and repair, and to purchase liability insurance, tags and decals for, any personal property acquired under the Federal Excess Personal Property Program that is used by the local volunteer fire department.
(8) In addition to the authority to expend matching funds under Section 21-19-65, the governing authority of any municipality, in its discretion, may expend municipal funds to match any state, federal or private funding for any program administered by the State of Mississippi, the United States government or any nonprofit organization that is exempt under 26 USCS Section 501(c)(3) from paying federal income tax.
(9) The governing authority of any municipality that owns and operates a gas distribution system, as defined in Section 21-27-11(b), and the governing authority of any public natural gas district are authorized to contract for the purchase of the supply of natural gas for a term of up to ten (10) years with any public nonprofit corporation which is organized under the laws of this state or any other state.
(10) The governing authority of any municipality may perform and exercise any duty, responsibility or function, may enter into agreements and contracts, may provide and deliver any services or assistance, and may receive, expend and administer any grants, gifts, matching funds, loans or other monies, in accordance with and as may be authorized by any federal law, rule or regulation creating, establishing or providing for any program, activity or service. The provisions of this subsection shall not be construed as authorizing any municipality or the governing authority of such municipality to perform any function or activity that is specifically prohibited under the laws of this state or as granting any authority in addition to or in conflict with the provisions of any federal law, rule or regulation.
(11) (a) In addition to such authority as is otherwise granted under this section, the governing authority of a municipality, in its discretion, may sell, lease, donate or otherwise convey property to any person or legal entity without public notice, without having to advertise for and accept competitive bids and without appraisal, with or without consideration, and on such terms and conditions as the parties may agree if the governing authority finds and determines, by resolution duly and lawfully adopted and spread upon its official minutes:
(i) The subject property is real property acquired by the municipality:
1. By reason of a tax sale;
2. Because the property was abandoned or blighted; or
3. In a proceeding to satisfy a municipal lien against the property;
(ii) The subject property is blighted and is located in a blighted area;
(iii) The subject property is not needed for governmental or related purposes and is not to be used in the operation of the municipality;
(iv) That the sale of the property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the municipality; and
(v) That the use of the property for the purpose for which it is to be conveyed will promote and foster the development and improvement of the community in which it is located or the civic, social, educational, cultural, moral, economic or industrial welfare thereof; the purpose for which the property is conveyed shall be stated.
(b) Any deed or instrument of conveyance executed pursuant to the authority granted under this subsection shall contain a clause of reverter providing that title to the property will revert to the municipality if the person or entity to whom the property is conveyed does not fulfill the purpose for which the property was conveyed and satisfy all conditions imposed on the conveyance within two (2) years of the date of the conveyance.
(c) In any such deed or instrument of conveyance, the municipality shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same.
(12) The governing authority of any municipality may enter into agreements and contracts with any housing authority, as defined in Section 43-33-1, to provide extra police protection in exchange for the payment of compensation or a fee to the municipality.
(13) The governing authority of any municipality may reimburse the cost of an insured's deductible for an automobile insurance coverage claim if the claim has been paid for damages to the insured's property arising from the negligence of a duly authorized officer, agent, servant, attorney or employee of the municipality in the performance of his or her official duties, and the officer, agent, servant, attorney or employee owning or operating the motor vehicle is protected by immunity under the Mississippi Tort Claims Act, Section 11-46-1 et seq.
(14) The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law, and nothing contained in this section shall be construed to prohibit, or to prescribe conditions concerning, any practice or practices authorized under any other law.
SECTION 53. Section 21-17-9, Mississippi Code of 1972, is amended as follows:
21-17-9. When a
municipality now existing, which has not adopted the code charter or commission
form of government, but is governed by another charter, shall desire to amend its
charter, the same may be done in this way: the mayor and board of aldermen,
city council, or municipal authority, by whatever name known, may prepare, in
writing, the desired amendment or amendments and have the same published * * * either in a legal
newspaper published in the municipality, if there be one, * * * for three (3) weeks or by a link to such
amendment posted on the municipality's website or, if the municipality does not
have a website, its official social media webpage for the duration of the three
(3) week period. If * * * none no such newspaper or website exists, then by
posting for said time in at least three (3) public places therein, after which
the proposed amendment or amendments shall be submitted to the Governor, who shall
submit the same to the Attorney General for his opinion. The publication of the
amendment or amendments may be made as provided in Section 21-17-19. If the
Attorney General is of the opinion that the proposed amendment or amendments
are consistent with the Constitution and laws of the United States and the
Constitution of this state, the Governor shall approve the proposed amendment
or amendments. If, after publication is made, one-tenth (1/10) of the
qualified electors of the municipality shall protest against the proposed
amendments, or any of them, the Governor shall not approve the ones protested
against until they shall be submitted to and ratified by a majority of the
electors of the municipality voting in a special election. Amendments, when
approved by the Governor, shall be recorded, at the expense of the municipality,
in the office of the Secretary of State and upon the records of the mayor and
board of aldermen, or other governing authorities of the municipality, and when
so recorded shall have the force and effect of law. No amendment to the
private or special charter of any municipality shall be adopted or approved
when such amendment is in conflict with any of the provisions of this title
expressly made applicable to municipalities operating under a private or
special charter, or is in conflict with the provisions of any other legislation
expressly made applicable to any such municipality.
SECTION 54. Section 21-17-11, Mississippi Code of 1972, is amended as follows:
21-17-11. It shall be lawful
for any number, not less than twenty percent (20%) of the qualified electors of
any municipality, by petition, to propose an amendment or amendments to the
charter of such municipality not in conflict with the Constitution and laws of
the United States, or the Constitution of this state. The said amendment or
amendments shall be published * * *
either in a newspaper published in the municipality, if there be one, * * * for three (3) weeks prior to a special
election or by a link to such amendment or amendments on the municipality's website
or, if the municipality does not have a website, its official social media page
to remain available to the public for the duration of three (3) weeks prior to a
special election. If * * * there is no such newspaper
or website, publication is proper by posting for said time in at
least three (3) public places therein. The publication of the amendment or
amendments may be made as provided in Section 21-17-19. If such election
results in favor of any such amendment or amendments, then the amendment or
amendments shall be submitted to the Governor, as is provided in Section 21-17-9,
and the procedure therein outlined shall be followed, except that it shall not
be necessary to republish such amendment or amendments, or resubmit such amendment
or amendments for approval of the qualified electors.
SECTION 55. Section 21-17-17, Mississippi Code of 1972, is amended as follows:
21-17-17. Notwithstanding
the provisions of Sections 21-3-19, 21-5-13, 21-7-9 and 21-9-39, Mississippi
Code of 1972, the governing authorities of any municipality may by ordinance
duly adopted change the day of the week set by the appropriate section hereinabove
as their regular monthly or bimonthly meeting date. Before the adoption of any
such ordinance, the ordinance shall first be published * * *
in a newspaper published in or having general circulation within the
municipality once a week for at least three (3) consecutive weeks or by a link
to such ordinance posted on the municipality's website or, if the municipality does
not have a website, its official social media webpage, for the duration of three
(3) consecutive weeks. Once such regular meeting day has been changed, meetings
shall be held as otherwise provided by law.
SECTION 56. Section 21-17-19, Mississippi Code of 1972, is amended as follows:
21-17-19. (1) Whenever a municipality is required by law to publish in a newspaper or municipality website any public measure or amendment thereto, the substance of the public measure or amendment thereto may be printed in lieu of the full text of the public measure or amendment thereto, as provided in this section. Such a public measure shall include, but shall not be limited to, an ordinance, resolution, amendment to a municipal charter or annual audit. The provisions of this section shall not apply to publication of the annual budget or amendments thereto; such publication shall be made as provided in Chapter 35, Title 21, Mississippi Code of 1972.
(2) The substance of the public measure or amendment thereto shall be an explanatory statement summarizing the full text of the public measure or amendment thereto, in which the chief purpose of the measure is explained in clear and unambiguous language. Such statement shall be prepared by the governing authorities of the municipality, and shall not exceed three hundred (300) words in length to the extent practicable.
(3) During the entire time of the publication of the explanatory statement either in a newspaper or by a link to such statement posted on the municipality's website or, if the municipality does not have a website, its official social media webpage, a copy of the full text of the public measure or amendment thereto shall be posted by the clerk of the municipality (a) at the city hall, (b) at the main public library in the municipality, or at the courthouse in the judicial district or county in which the municipality is located; and in addition, the clerk shall post such copy at least at one (1) other public place in the municipality. The clerk shall furnish any resident of the municipality a copy of the full text of the public measure or amendment thereto upon request, and this shall be stated in the publication of the explanatory statement.
SECTION 57. Section 21-19-20, Mississippi Code of 1972, is amended as follows:
21-19-20. (1) (a) A municipality shall institute proceedings to have demolished or seized an abandoned house or building that is used for the sale or use of drugs. In addition, the governing authorities of a municipality may sell, transfer or otherwise convey or use an abandoned house or building for suitable municipal purposes. The local law enforcement authority of the municipality shall have documented proof of drug sales or use in the abandoned property before a municipality may initiate proceedings to have the property demolished or seized.
(b) (i) A municipality shall institute proceedings under this section to have an abandoned house or building demolished or seized if the governing authority of the municipality determines that the house or building is a menace to the public health and safety of the community and that it constitutes a public hazard and nuisance.
(ii) Upon the
receipt of a petition requesting the municipality to demolish or seize an
abandoned house or building that constitutes a public hazard and nuisance
signed by a majority of the residents residing within four hundred (400) feet
of the property, the governing authority of the municipality shall notify the
property owner that the petition has been filed and that a date for a hearing
on the petition has been set. Notice to the property owner shall be by United
States mail, or if the property owner or the owner's address is unknown,
publication of the notice shall be made * * *
either in a public newspaper of the county in which the municipality is
located twice each week during two (2) successive weeks or by a link to such
notice posted on the municipality's website or, if the municipality does not have
a website, its official social media webpage to remain available to the public for
the duration of two (2) successive weeks; where there is no such newspaper
or website in the county, the notice shall be published in a newspaper
having a general circulation in the state. The hearing shall be held not less than
thirty (30) nor more than sixty (60) days after service or completion of
publication of the notice. At the hearing, the governing authority shall determine
whether the property is a menace to the public health and safety of the
community which constitutes a public hazard and nuisance. If the governing
authority determines that the property is a public hazard and nuisance, the
municipality shall institute proceedings under subsection (2) of this section
to demolish or seize the abandoned house or building.
(2) The municipality shall file a petition to declare the abandoned property a public hazard and nuisance and to have the property demolished or seized with the circuit clerk of the county in which the property or some part of the property is located. All of the owners of the property involved, and any mortgagee, trustee, or other person having any interest in or lien on the property shall be made defendants to the proceedings. The circuit clerk shall present the petition to the circuit judge who, by written order directed to the circuit clerk, shall fix the time and place for the hearing of the matter in termtime or vacation. The time of the hearing shall be fixed on a date to allow sufficient time for each defendant named to be served with process, as otherwise provided by law, not less than thirty (30) days before the hearing. If a defendant or other party in interest is not served for the specified time before the date fixed, the hearing shall be continued to a day certain to allow the thirty-day period specified.
(3) Any cost incurred by a municipality under this section for demolishing or seizing abandoned property shall be paid by the owners of the property.
SECTION 58. Section 21-19-25, Mississippi Code of 1972, is amended as follows:
21-19-25. (1) Any municipality
within the State of Mississippi may, in the discretion of its governing authority,
adopt building codes, plumbing codes, electrical codes, gas codes, sanitary codes,
or any other codes dealing with general public health, safety or welfare, or a combination
of the same, by ordinance, in the manner prescribed in this section. Before any
such code shall be adopted, it shall be either printed or typewritten, and it shall
be presented in pamphlet form to the governing authority of the municipality at
a regular meeting. The ordinance adopting the code shall not set out the code in
full, but shall merely identify the same. The vote on passage of the ordinance
shall be the same as on any other ordinances. After its adoption, the code shall
be certified to by the mayor and clerk of the municipality, and shall be filed as
a permanent record in the office of the clerk, who shall not be required to transcribe
and record the same in the ordinance book as other ordinances. It shall not be
necessary that the ordinance adopting the code or the code itself be published in
full, but notice of the adoption of the code shall be given by publication either
in some newspaper of the municipality for one (1) time * * * or by a link to such notice posted on the municipality's
website or, if the municipality does not have a website, its official social media
webpage. If there be no such newspaper or website, publication is
proper by posting at three (3) or more public places within the corporate limits,
a notice in substantially the following form:
Notice is given that the city (or town or village) of _________, on the (give date of ordinance adopting code), adopted (state type of code and other information serving to identify the same) code.
(2) If the governing authority of any municipality adopts or has adopted construction codes which do not have proper provisions to maintain up-to-date amendments, specifications in such codes for cements used in portland cement concrete shall be superseded by nationally recognized specifications referenced in any code adopted by the Mississippi Building Code Council.
(3) All the provisions of this section shall apply to amendments and revisions of the code mentioned in this section. Any code adopted in accordance with this section shall not be in force for one (1) month after its passage, unless the municipal authorities in the ordinance authorize to the contrary. The provisions of this section shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of municipal ordinances or codes.
(4) Notwithstanding any provision of this section to the contrary, any code adopted by a municipality before or after April 12, 2001, is subject to the provisions of Section 41-26-14(10).
(5) Notwithstanding any provision of this section to the contrary, the governing authorities of each municipality in Jackson, Harrison, Hancock, Stone and Pearl River Counties shall enforce the requirements imposed under Section 17-2-1 as provided in such section.
(6) Regardless of whether the governing authority of any municipality adopts or has adopted construction codes, as set forth in this section, each and every governing authority of any municipality shall require permitting as a condition to construction within the municipality's jurisdiction, and any and all such permits shall contain on their faces, in conspicuous print, (a) the contractor's material purchase certificate number to the extent one is furnished by the Department of Revenue pursuant to Section 27-65-21(3) or the contractor's Taxpayer Identification Number as furnished by the Internal Revenue Service, and either a copy of such material purchase certificate furnished by the Department of Revenue pursuant to Section 27-65-21(3), or a copy of the contractor's W-9, as the case may be, shall be required to be provided to the governing authority of such municipality as part of the contractor's application for such permit, prior to the issuance of such permit, and (b) the contractor's license or certificate of responsibility number as required by either Section 31-3-14 et seq., 51-5-1 et seq. or 73-59-1 et seq.
(7) The provisions of this section shall apply to all municipalities of this state, whether operating under the code charter, a special charter, commission form, or other form of government.
SECTION 59. Section 21-19-51, Mississippi Code of 1972, is amended as follows:
21-19-51. The governing authorities of municipalities shall have the power and authority, in their discretion, to contribute, appropriate or donate to fair associations, domiciled in their respective county, a sum of money not to exceed Ten Thousand Dollars ($10,000.00) per annum for the purpose of advertising, displaying, exhibiting or promoting the agricultural or industrial resources of such municipality or its respective county. The expenditure of such money, when contributed, appropriated or donated, shall be under the control of the municipality, and such governing authorities are hereby authorized and empowered to appoint one (1) or as many as three (3) individuals, in their discretion, to represent the municipal authorities in the proper expenditure of such money for said purpose in conjunction with the fair association. Before contributing, appropriating or donating any money to any fair association, such governing authorities shall publish notice of their intention to contribute, appropriate or donate money to said fair association, giving the amount of, and the date of making said contribution, appropriation or donation, either in some newspaper published in the municipality, or having a general circulation therein if none be there published, for three (3) weeks ending not less than ten (10) days prior to the making of any contribution, appropriation or donation or by a link to such notice posted on the municipality's website or, if the municipality does not have a website, its official social media webpage to remain available to the public for the duration of three (3) weeks ending not less than ten (10) days prior to the making of any contribution, appropriation or donation. If, before the making of said contribution, appropriation or donation, twenty per centum (20%) of the adult taxpayers of the municipality shall petition against such contribution, appropriation or donation, then the said contribution, appropriation or donation shall not be made, unless authorized by a majority of the electors voting in an election to be ordered for that purpose. All of the expenses of publishing the notice herein provided for and of holding any election hereunder shall be paid out of the municipal treasury.
SECTION 60. Section 21-19-61, Mississippi Code of 1972, is amended as follows:
21-19-61. Any municipality in this state which has a population in excess of one hundred thousand people may set aside, appropriate and expend moneys for the purpose of advertising and bringing to the attention of the citizens of such municipality the reasons for and status of any municipal activity, litigation, franchise, proposed bond issue, and any other municipal matter about which it is for the best interest of the people that they be fully informed.
Such advertising and publicizing may be done by newspaper, magazine, radio, television, municipality website, official municipality social media webpage, or by any combination of same, which in the judgment of the governing body of such municipality will be helpful toward advancing the moral, financial and other interests of such municipality.
SECTION 61. Section 21-25-21, Mississippi Code of 1972, is amended as follows:
21-25-21. The governing
authorities of any municipality are hereby authorized to create, by ordinance,
a fire district within or adjoining such municipality when petitioned so to do
by a majority of the owners of property, either real or personal, located
within such proposed fire district. After the creation of the fire district
such governing authorities shall cause the ordinance creating such fire district
to be published * * * either in some newspaper in such municipality, or
the county in which the municipality is located, * * * for three (3) weeks or by a link to such
ordinance posted on the municipality's website or, if the municipality does not
have a website, its official social media webpage to remain available to the public
for the duration of three (3) weeks. At the next regular meeting of the
governing authorities after such three (3) weeks' publication, they shall
declare such territory to be a fire district as provided by this section. Such
governing authorities shall have full power to contract for laying water mains
and any other pipes or connections to the water mains to be used in said fire
district, and for the establishment and maintenance of fire service therein.
SECTION 62. Section 21-27-33, Mississippi Code of 1972, is amended as follows:
21-27-33. All
municipalities of the state are hereby empowered and authorized, if they so
desire, to sell, lease, or otherwise dispose of any or all electric, water, gas
or other municipally-owned public utility systems or properties on such terms
and conditions, and with such safeguards as will best promote and protect the
public interest. Said municipal corporations are empowered and authorized to
transfer title to said public utility properties by warranty deed, bill of
sale, contract, or lease, in the manner provided by law. However, notice of
intention to make such sale, lease, or disposition of any such system, setting
out the price and other general terms and conditions of such proposed sale,
lease, or disposition shall be given by publication * * * either
in a legal newspaper published in such municipality once a week for three (3)
consecutive weeks, * * * or by a link to such notice posted on the municipality's website
or, if the municipality does not have a website, its official social media webpage
for the duration of three (3) consecutive weeks. If no such newspaper be
published in said municipality and no such website exists, then publication
is proper in some newspaper having a general circulation in such
municipality. After ten days from the last publication of such notice, the
system may be disposed of, unless within ten days after the last publication of
such notice a petition signed by not less than twenty per centum of the
qualified voters of such municipality be filed, objecting to and protesting
against such sale, lease, or disposition, in which event the same shall not be
made unless submitted to a special election ordered for the purpose of determining
whether a majority of those voting in such election shall vote for or against
such sale, lease, or other disposition. Such election shall be ordered to be
held not less than forty days after the date of the last notice of the proposed
sale, lease or disposition. Notice of such election, stating the purpose of
election, shall be published once each week for three consecutive weeks next
preceding the time set for holding said election in such newspaper as herein
provided. The laws governing special municipal elections shall govern the
ordering and conduct of said election.
The ballots provided shall have plainly written or printed thereon the words "shall the waterworks, electric, or gas (as the case may be) system be sold, leased, or disposed of (as the case may be)" and below said words shall be suitably placed on separate lines, the words "yes" and "no," so that the voter may indicate the way he desires to vote on the question submitted.
If a majority of those voting in said election shall vote in favor of such sale, lease, or disposition, then the proper officer of the municipality may proceed to sell, lease or dispose of such system in accordance with the terms and conditions set out in the notice of proposed intention to sell, lease or dispose of such system, as herein provided. If such election is determined against such sale, lease or disposition of such system, then such system shall not be sold, leased or disposed of, but shall remain the property of the municipality.
SECTION 63. Section 21-27-43, Mississippi Code of 1972, is amended as follows:
21-27-43. Except as hereinafter provided, no bonds shall be issued pursuant to the authority granted in Section 21-27-23 until and unless a majority of those qualified electors of the municipality, voting on a proposition stating in general terms the maximum amount and purposes of the bonds, have approved the issuance at a special election called thereon according to law.
However, the requirement for
an election to be held before the issuance of the bonds shall not apply to the
issuance of the revenue bonds for the purpose of improving, repairing or
extending any waterworks system, water supply system, sewage system, sewage
disposal system (or the addition of a sewage disposal system to a sewage system),
gas producing system, gas generating, transmission, or distribution system,
electric generating, transmission, or distribution system, garbage disposal
system, rubbish disposal or incinerator system, or motor vehicle transportation
system, which is now, or hereafter, owned or operated by any municipality, or
railroad transportation system owned or operated by any municipality located in
a county bordering the Mississippi River and in which Highways 49 and 61
intersect. The revenue bonds may be issued for such purposes in the following
manner: notice of intention to issue the revenue bonds, setting out the amount
and other terms or conditions of the proposed issue, shall be given by publication
either once a week for three (3) consecutive weeks in a local newspaper
published in the municipality * * * or by a link to such notice posted on the
municipality's website or, if the municipality does not have a website, its official
social media webpage for the duration of three (3) consecutive weeks. If such
a newspaper is not published in the municipality and no such website exists,
then publication is proper in some newspaper having a general
circulation in the municipality. After ten (10) days from the last publication
of the notice, the bonds may be sold under the regular procedure for selling
the bonds unless, within ten (10) days after the last publication of the
notice, a petition signed by not less than twenty percent (20%) of the
qualified voters of such municipality be filed objecting to and protesting
against such revenue bond issue, in which event the same shall not be made
unless submitted to a special election ordered for the purpose of determining
whether or not a majority of those voting in the election shall vote for or against
the revenue bond issue. The election shall be ordered to be held not later than
forty (40) days after the date of the last notice of the proposed revenue bond
issue. Notice of the election, stating the purpose of the election, shall be
published either once each week for three (3) consecutive weeks next
preceding the time set for holding the election in the newspaper or by a link
to such notice posted on the municipality's website or, if the municipality does
not have a website, its official social media webpage for the duration of three
(3) consecutive weeks next preceding the time set for holding the election in the
newspaper, provided in this section. The laws governing municipal elections
shall govern the order and conduct of the election. However, nothing in this
section shall prevent the governing authorities from calling an election, whether
required by petition of twenty percent (20%) of the qualified voters or not.
This section shall not have application to and it shall not affect the
authority granted public utilities commissions under Section 21-27-25.
SECTION 64. Section 21-29-203, Mississippi Code of 1972, is amended as follows:
21-29-203. Said fund and
system of relief to the fire department and/or police department shall be
inaugurated in each municipality only in the following manner: each municipality
desiring to create said fund and inaugurate this system of disability and
relief for its firemen and/or policemen, shall call an election after giving either
three (3) weeks consecutive notice in a newspaper published in said city * * * or by a link to such notice posted
on the municipality's website or, if the municipality does not have a website, its
official social media webpage for the duration of three (3) weeks. Notice shall
state the date, purpose and time of holding said election for the electors
to determine whether or not said municipality shall adopt the "disability
and relief fund for firemen and policemen." At said election the ballots
used by the qualified electors shall read: "For the Disability and Relief
Fund for Firemen and Policemen," "Against the Disability and Relief
Fund for Firemen and Policemen." Said election shall be held as such
other elections of like nature, and if at said election the majority of
qualified electors voting thereat, shall vote against the creation of said fund
and system, then the said fund and system shall not be created and said fund
and system shall not be inaugurated in said municipality. Should a majority of
said qualified electors voting at said election vote in favor of the creation of
said fund and the operation of said system, the said fund and system shall be
inaugurated by said municipality.
SECTION 65. Section 21-33-29, Mississippi Code of 1972, is amended as follows:
21-33-29. Except as
otherwise provided in Section 21-33-10, the governing authorities of every
municipality shall, at a regular or special meeting to be held in September or
October in each year (unless a different time be fixed by order), receive the assessment
rolls of real and personal property from the assessor and shall proceed to
change, correct, revise, and equalize said assessments in the same manner and
with the same powers as is provided for the equalization of assessments by county
boards of supervisors. When the equalization has been completed, the governing
authorities shall give ten (10) days' notice of the regular or special meeting
at which objections to such assessments will be heard. The notice shall be
given by publication at least one (1) time either in a legal newspaper,
if there be one published in the municipality, * * * or by a link to such notice posted on the
municipality's website or, if the municipality does not have a website, its official
social media webpage. If no such newspaper be published in the
municipality and no such website exists, the notice shall be given by
posting written notices thereof in five (5) or more public places in the
municipality.
SECTION 66. Section 21-33-307, Mississippi Code of 1972, is amended as follows:
21-33-307. Before issuing any bonds for any of the purposes enumerated in Section 21-33-301, the governing authority of the issuing municipality shall adopt a resolution declaring its intention so to do, stating the amount of bonds proposed to be issued and the purpose for which the bonds are to be issued, and the date upon which the aforesaid authority proposes to direct the issuance of such bonds. Such resolution shall be published either once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such municipality or by a link to such resolution posted on the municipality's website or, if the municipality does not have a website, its official social media page to remain available to the public for the duration of three (3) consecutive weeks. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the issuance of the bonds, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper be published in such municipality and no such website exists, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such municipality and, in addition, by posting a copy of such resolution for at least twenty-one (21) days next preceding the date fixed therein at three (3) public places in such municipality. The publication of the resolution may be made as provided in Section 21-17-19. If ten percent (10%) of the qualified electors of the municipality, or fifteen hundred (1500), whichever is the lesser, shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the bonds shall be called and held as is provided in Section 21-33-309. Notice of such election shall be signed by the clerk of the municipality and shall be published either once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such municipality or by a link to such notice of election posted on the municipality's website or, if the municipality does not have a website, its official social media webpage to remain available to the public for the duration of three (3) weeks. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such municipality and no such website exists, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such municipality and published in the same or an adjoining county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such municipality. If no protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, at any time within a period of two (2) years after the date specified in the above-mentioned resolution. However, the governing authority of any municipality in its discretion may nevertheless call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to issue such bonds as herein provided.
Under no circumstances shall any municipality exceed the bond limit as set by statute for municipalities.
SECTION 67. Section 21-33-553, Mississippi Code of 1972, is amended as follows:
21-33-553. (1) A special local improvement assessment district may be created under this section if the boundaries of the proposed special local improvement assessment district are within the boundaries of the homeowners' association representing that area. Upon delivery of a petition to the clerk of the municipality in which the proposed district is located, signed by the owners of at least sixty percent (60%) of the taxable real property in the homeowners' association representing the area in the proposed district, the municipality shall begin efforts to establish the district; however, if the boundaries of the proposed special local improvement assessment district are located, in whole or in part, within the boundaries of the Capitol Complex Improvement District, or a portion of the proposed district adjoins the boundaries of the Capitol Complex Improvement District, the petition may be delivered to the Capitol Complex Improvement District Project Advisory Committee, and the committee shall deliver the petition to the clerk of the municipality.
(2) The homeowners' association representing the property owners in the proposed special local improvement assessment district shall submit a strategic plan to the municipality specifying the local improvements proposed for the district during the municipality's upcoming fiscal year and the total amount proposed to be expended for the improvements. Based on the strategic plan, the governing authorities of the municipality shall determine the additional millage to be levied upon all taxable real property in the district, not to exceed six (6) mills, needed in order to provide funds for the local improvements as proposed in the strategic plan.
(3)
Within ninety (90) days of receipt of the strategic plan, the municipality
shall prepare a notice calling for an election to be held in the proposed
district on the question of whether to establish the special local improvement
assessment district. The date and time of the election and the voting location
shall be fixed in the notice. The municipality shall publish the notice of the
election either once each week for at least three (3) consecutive weeks
in a newspaper published or having a general circulation in the town * * * or by a link to such notice posted on
the municipality's website or, if the municipality does not have a website, its
official social media webpage to remain available to the public for the duration
of at least three (3) consecutive weeks. The first publication of the
notice * * * shall
be made not less than twenty-one (21) days before the date fixed in the notice
of 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 proposed
special local improvement assessment district may vote, which qualified
electors shall be determined by use of the voter rolls of all municipal voting
precincts containing any property in the proposed special local improvement
assessment district.
The ballots prepared by the municipality and used in the election shall have printed thereon the additional millage to be assessed, a brief statement of the purposes of the proposed special local improvement assessment district and the words "FOR THE SPECIAL IMPROVEMENT ASSESSMENT DISTRICT" and, on a separate line, "AGAINST THE SPECIAL IMPROVEMENT ASSESSMENT DISTRICT," and the voters shall vote by placing a cross (X) or check (Ö) opposite their choice on the proposition.
(4) When the results of the election shall have been canvassed and certified by the municipality, the governing authorities of the municipality shall adopt a resolution creating the special local improvement assessment district if at least sixty percent (60%) of the qualified electors in the proposed special local improvement assessment district who vote in the election vote in favor of creating the district. The resolution shall contain a description of the boundaries of the district and shall specify the millage rate to be levied upon taxable real property in the district for the municipality's fiscal year. At least thirty (30) days before the effective date of the tax, the governing authorities shall furnish to the Department of Revenue a certified copy of the resolution evidencing the tax.
(5) The procedures required in this section for the establishment of a district shall be used for the modification of the boundaries of a district.
SECTION 68. Section 21-35-5, Mississippi Code of 1972, is amended as follows:
21-35-5. The governing
authorities of each municipality of the State of Mississippi shall, not later
than September 15 each year, prepare a complete budget of the municipal revenues,
expenses and working cash balances estimated for the next fiscal year, and
shall prepare a statement showing the aggregate revenues collected during the
current year in said municipality for municipal purposes. Such statement shall
show every source of revenue along with the amount derived from each source.
Said budget of any municipality of one thousand five hundred (1,500)
inhabitants or more, according to the last preceding federal census, with said
statement of revenue and expenses, shall be published at least one (1) time during
September of said year either in a newspaper published in such
municipality or * * *
by a link to such budget posted on the municipality's website or, if the municipality
does not have a website, its official social media webpage. If no such
newspaper be published in such municipality and no such website exists, publication
is proper in any newspaper published in the county wherein the municipality
is located. In municipalities of less than one thousand five hundred (1,500)
inhabitants, according to the last preceding federal census, as many as three
(3) prepared statements of said budget shall be posted in three (3) public
places in said municipalities.
Prior to the adoption of a budget pursuant to this section, the governing authority of each municipality shall hold at least one (1) public hearing to provide the general public with an opportunity to comment on the taxing and spending plan incorporated in the proposed budget. The public hearing shall be held at least one (1) week prior to the adoption of the budget with advance notice and held outside normal working hours. The advance notice shall include an announcement published or posted in the same manner as required for the final adopted budget.
SECTION 69. Section 21-35-25, Mississippi Code of 1972, is amended as follows:
21-35-25. Notwithstanding any provision in this chapter to the contrary, the budget of any municipality may be revised as provided in this section and under the conditions herein stated, and when a deficit is indicated the budget shall be revised.
The governing authorities of any municipality are authorized to revise the budget for expenses of such municipality at any one (1) regular meeting of said governing authorities held not later than August of the first year in which such governing authorities enter upon the discharge of their duties, provided there be funds in the treasury of the municipality, or coming into the treasury during the fiscal year, not appropriated by the budget of the outgoing board of governing authorities, and there is a deficit in any one or more items provided for in the budget of the preceding board. This section shall not, however, validate or invalidate any contracts made, executed or entered into by the governing authorities of the preceding term.
If it appears at any time during the current fiscal year, but not later than the regular July meeting of the board of governing authorities, that collections of anticipated revenues from taxes or other sources will be less than the amount estimated, and a deficit is thereby indicated for any fund, or funds, the governing authorities shall, at a regular meeting, revise and reduce the budget appropriations for such funds as is anticipated will have a deficit, so as to conform to the lowered indicated revenue, including revenue from taxes and all other sources.
If it affirmatively appears at any time during the current fiscal year that actual collections and anticipated revenues from taxes or other sources, including grants or donations, will exceed the estimates, then the governing authorities may revise and increase the budget appropriation of such fund, or funds, affected by such increase in revenue, but no such transfer shall be made from fund to fund, or from item to item, which will result in the expenditure of any money for a purpose different from that for which the tax was levied. The budget, as so revised, shall be spread in detail upon the minutes of said board of governing authorities. However, no such increase shall in any event be construed to authorize expenditures or to incur obligations which will result in a deficit in any fund, or funds.
If the increase in revenue over the estimates is from other than regular sources, including grants and donations, such excess over the estimate may be expended for improvements and new construction, including buildings, additions to buildings, streets, and street improvements.
If it affirmatively appears at any time during the current fiscal year that there is in any fund or account any sum remaining unexpended and not needed or expected to be needed for the purpose or purposes for which appropriated in said budget, then the governing authorities may, in their discretion, transfer such sum or any part thereof to any other fund or funds or account or accounts where needed, by order to such effect entered upon their minutes. This shall not, however, authorize the expenditure of any funds for any purpose other than that for which the levy producing such funds was made.
Any amendments made pursuant to this section to an originally adopted budget which exceed ten percent (10%) of the total amount appropriated or authorized to be expended in a particular department fund shall be published or posted within two (2) weeks of the action either in a newspaper in the same manner as the final adopted budget or by a link to such amendments posted on the municipality's website or, if the municipality does not have a website, its official social media webpage. Separate amendments to an originally adopted budget during one fiscal year which affect a particular department fund shall be considered as one (1) amendment in determining whether the ten percent (10%) threshold requiring publication or posting has been reached. This publication or posted notice shall contain a description of the amendment, the amount of money and funds affected, and a detailed statement explaining the need and purpose of the amendment. The vote of each member of the municipality's governing authority on each amendment shall be included in the publication or posted notice.
SECTION 70. Section 21-35-31, Mississippi Code of 1972, is amended as follows:
[For municipal fiscal years commencing before October 1, 2009, this section shall read as follows:]
21-35-31. The governing
authorities of every municipality in the state shall have their books audited
annually, prior to the close of the next succeeding fiscal year, either by a competent
accountant approved by the State Auditor or by a certified public accountant,
who has paid a privilege tax as such in this state, and shall pay for same out
of the General Fund. No advertisement shall be necessary before entering into
such contract, but same shall be entered into as a private contract. Said
audit shall be made upon a uniform formula set up and promulgated by the State Auditor,
as the head of the State Department of Audit, or the director thereof, appointed
by him, as designated and defined in Title 7, Chapter 7, of the Mississippi Code
of 1972, or any office or officers hereafter designated to replace or perform
the duties imposed by said chapter. Provided, however, any municipality with a
population of three thousand (3,000) or less may employ a competent accountant
or auditor, approved by the State Auditor, to prepare annually a compilation
report and a compliance letter, in a format prescribed by the State Auditor, in
lieu of an annual audit when such audit will be a financial hardship on the
municipality. Two (2) copies of said audit or compilation shall be mailed to
the said State Auditor within thirty (30) days after completion of said audit.
Said State Auditor shall, at the end of each fiscal year, submit to the
Legislature a composite report showing any information concerning
municipalities in this state that he might deem pertinent and necessary to the
Legislature for use in its deliberations. A synopsis of said audit, in a
format prescribed by the State Auditor, shall be published within thirty (30)
days by the governing authorities of such municipalities in a newspaper
published in such municipalities or * * * by a link to such synopsis posted on the municipality's
website or, if the municipality does not have a website, its official social media
webpage. If no newspaper be published in any such municipality and no such
website exists, in any newspaper having a general circulation published in
the county wherein such municipality is located. The publication of the audit
may be made as provided in Section 21-17-19, Mississippi Code of 1972. Such
publication shall be made one (1) time, and the governing authorities of such
municipalities shall be authorized to pay only one-half (1/2) of the legal rate
prescribed by law for such legal publication.
[For municipal fiscal years commencing on or after October 1, 2009, this section shall read as follows:]
21-35-31. (1) The governing
authority of every municipality in the state shall have the municipal books
audited annually, before the close of the next succeeding fiscal year, in accordance
with procedures and reporting requirements prescribed by the State Auditor. The
municipality shall pay for the audit or report out of its general fund. No
advertisement shall be necessary before entering into the contract, and it
shall be entered into as a private contract. The audit or report shall be made
upon a uniform formula set up and promulgated by the State Auditor, as the head
of the State Department of Audit, or the director thereof, appointed by him, as
designated and defined in Title 7, Chapter 7, Mississippi Code of 1972, or any
office or officers hereafter designated to replace or perform the duties
imposed by said chapter. Two (2) copies of the audit or report shall be
mailed to the said State Auditor within thirty (30) days after completion. The
State Auditor, at the end of each fiscal year, shall submit to the Legislature
a composite report showing any information concerning municipalities in this
state that the Auditor deems pertinent and necessary to the Legislature for use
in its deliberations. A synopsis of the audit or report, in a format prescribed
by the State Auditor, shall be published within thirty (30) days by the
governing authority of each municipality in a newspaper published in the
municipality or * * *
by a link to such synopsis posted on the municipality's website or, if the municipality
does not have a website, its official social media webpage. If no
newspaper is published in a municipality and no such website exists, in
any newspaper having a general circulation published in the county wherein the
municipality is located. The publication of the audit or report may be made as
provided in Section 21-17-19. Publication shall be made one (1) time, and
the governing authority of each municipality shall be authorized to pay only one-half
(1/2) of the legal rate prescribed by law for such legal publication.
(2) It shall be the duty of the State Auditor to determine whether each municipality has complied with the requirements of subsection (1) of this section. If upon examination the State Auditor determines that a municipality has not initiated efforts to comply with the requirements of subsection (1), the State Auditor shall file a certified written notice with the clerk of the municipality notifying the governing authority of the municipality that a certificate of noncompliance will be issued to the State Tax Commission and to the Attorney General thirty (30) days immediately following the date of the filing of the notice unless within that period the municipality substantially complies with the requirements of subsection (1). If, after thirty (30) days from the giving of the notice, the municipality, in the opinion of the State Auditor, has not substantially initiated efforts to comply with the requirements of subsection (1), the State Auditor shall issue a certificate of noncompliance to the clerk of the municipality, State Tax Commission and the Attorney General. Thereafter, the State Tax Commission shall withhold from all allocations and payments to the municipality that would otherwise be payable the amount necessary to pay one hundred fifty percent (150%) of the cost of preparing the required audit or report as contracted for by the State Auditor. The cost shall be determined by the State Auditor after receiving proposals for the audit or report required in subsection (1) of this section. The State Auditor shall notify the State Tax Commission of the amount in writing, and the State Tax Commission shall transfer that amount to the State Auditor. The State Auditor is authorized to escalate, budget and expend these funds in accordance with rules and regulations of the Department of Finance and Administration consistent with the escalation of federal funds. All remaining funds shall be retained by the State Auditor to offset the costs of administering these contracts. The State Auditor shall not unreasonably delay the issuance of a written notice of cancellation of a certificate of noncompliance but shall promptly issue a written notice of cancellation of certificate of noncompliance upon an affirmative showing by the municipality that it has come into substantial compliance.
SECTION 71. Section 21-38-9, Mississippi Code of 1972, is amended as follows:
21-38-9. Any ordinance to incorporate real property into the corporate boundaries of a municipality under this chapter shall include the following provisions and shall be effective as follows:
(a) The ordinance shall accurately describe the metes and bounds of the real property to be incorporated, and only real property acquired or leased from the United States under this chapter shall be subject to such incorporation.
(b) If the United States retains ownership of the real property to be incorporated by the municipality, the United States must consent to the incorporation and a written statement of such consent must be cited and included in the ordinance.
(c) The ordinance shall provide that it will not become effective until publication thereof shall have been made either once each week for three (3) consecutive weeks in a newspaper, or newspapers, published or having a general circulation in the county in which the municipality and the real property to be incorporated are located or by a link to such ordinance posted on the municipality's website or, if the municipality does not have a website, its official social media webpage to remain available to the public for the duration of three (3) consecutive weeks.
(d) Subject only to the limitations of this chapter, the ordinance shall become effective upon the effective date fixed therein.
SECTION 72. Section 21-41-5, Mississippi Code of 1972, is amended as follows:
21-41-5. When the governing
authorities of any municipality shall determine to make any local or special
improvement, the cost of which or any part thereof is to be assessed against
the property benefited, they shall adopt a resolution declaring necessary the
proposed improvement describing the nature and extent of the work, the general
character of the material to be used, and the location and terminal points of
the streets, highways, boulevards, avenues, squares, alleys or parks, or parts
thereof, or clearly define the boundary of areas in which said improvements are
to be made. In publishing said resolution declaring the work necessary, the
plans and specifications of said work need not be published but may be referred
to as being on file in the office of the city clerk or city engineer. The
publication of the resolution may be made as provided in Section 21-17-19.
Said resolution shall fix a date when the governing authorities of said
municipality shall meet, which shall be not less than fifteen (15) days after
the date of the first publication of the notice herein provided for, to hear
any objections or remonstrances that may be made to said improvements. The
notice herein provided for shall be published either once each week for
three (3) successive publications in a public newspaper having a general
circulation in the municipality * * * or by a link to such notice posted on the
municipality's website or, if the municipality does not have a website, its official
social media webpage to remain available to the public for the duration of not less
than fifteen (15) days before said meeting. If no newspaper is published
therein and no such website exists it shall be sufficient to post said
notice in three (3) public places of the municipality for not less than fifteen
(15) days before said meeting, one which shall be posted at the town or city
hall of said municipality. Moreover, the clerk of the municipality shall send
a copy of the notice, by certified mail, postage prepaid, within five (5) days
after the first publication of the notice herein provided for, to the last-known
address of owners of property affected by the resolution. However, failure of
the clerk to mail such notice or failure of the owner to receive such notice shall
not invalidate any proceeding in this chapter, where such notice has been
published as provided herein. Notice declaring the work necessary shall be
notice to the property owners that the work has been declared necessary.
If the governing authorities of a municipality desire to make any special or local improvement under the Regional Economic Development Act, the governing authorities also shall comply with any requirements provided therein.
SECTION 73. Section 21-41-13, Mississippi Code of 1972, is amended as follows:
21-41-13. Upon the completion of any improvement authorized by this chapter, the governing authorities shall ascertain and determine the cost of the improvement and declare the same by resolution. Upon said completion the governing authorities shall cause to be prepared a roll or list to be called the "assessment roll" showing the names of the property owners, and, opposite each name a description of each parcel of land. Such roll shall be entered in a well-bound book prepared for that purpose, which shall contain appropriate columns in which payments may be credited. Said book shall be known as "assessment book for local improvements." It shall be a public record and the entry therein of any assessment shall be and constitute notice to the public of the lien against the land so assessed, and no other record or notice thereof shall be necessary to any person or corporation for that purpose. No error, omission or mistake in regard to the name of the owner shall be held to invalidate any assessment. After the completion of the said assessment roll it shall be delivered to the clerk of the municipality, or to the officer performing the duties of such clerk, who shall thereupon give a notice by publication in either some newspaper published in said municipality or by a link to such notice posted on the municipality's website or, if the municipality does not have a website, its official social media webpage that the assessment roll (for that piece of local improvement made) has been delivered to him and is open for inspection at his office, and that at a time and place therein mentioned, not less than fifteen days from the date of the first publication, the governing authorities of said municipality will meet to hear and determine any objections or defense.
SECTION 74. Section 21-41-51, Mississippi Code of 1972, is amended as follows:
21-41-51. Except as may be otherwise provided, where, by any provision of this chapter, notice is required to be given by publication, such publication made shall be either in a newspaper published in the municipality, if there be one, or by a link to such notice published on the municipality's website or, if the municipality does not have a website, its official social media webpage. If there be no newspaper published in the municipality and no such website exists, then such notice shall be posted for the prescribed period of time in at least five public places in the municipality, one of which shall be the city or town hall, or the place of meeting of the governing authorities, if there be no city or town hall.
SECTION 75. Section 21-43-9, Mississippi Code of 1972, is amended as follows:
21-43-9. Notice of the hearing shall be given by:
(a) One (1) publication of the resolution of intention in a newspaper of general circulation in the municipality or by a link to such resolution posted on the municipality's website or, if the municipality does not have a website, its official social media webpage, which may be made as provided in Section 21-17-19;
(b) Mailing a complete copy of the resolution of intention to each business in the proposed or established area. Publication and mailing shall be completed at least ten (10) days prior to the time of the hearing.
SECTION 76. Section 21-43-117, Mississippi Code of 1972, is amended as follows:
21-43-117. (1) For initial creation of the district, reauthorization of the district at the end of each ten-year period, amendment to the district plan within the ten-year plan period or modification of the boundaries of the district at the end of a ten-year period, the clerk of the municipality shall notify all property owners to be included in the proposed district of a public hearing to review the plan and receive comment about the process for accepting or rejecting the plan. Following a public hearing, the governing authority of the municipality shall set an election date not more than sixty (60) days from the date of the public hearing. The ballot shall clearly state the issue to be decided. Only property owners of record as of the date of initial notice given as provided in Section 21-43-111 shall be eligible to participate in any such election.
(2) Notice of an election to create, continue, amend or extend a district shall be:
(a) Mailed to each of the district property owners of record thirty (30) days prior to the election, and
(b) Published either at least twice in a newspaper of general circulation in the municipality, the first publication shall be not less than ten (10), nor more than thirty (30) days before the date for the election or by a link to such notice posted on the municipality's website or, if the municipality does not have a website, its official social media webpage for the duration of fifteen (15) days prior to the date for the election. The notice shall include a copy of the plan, a ballot for the election and a notice about the time and date for the election.
(3) Not less than ten (10) nor more than thirty (30) days before the date set for the election, the governing authority of the municipality shall cause a copy of the plan and the ballot to be posted in the lobby of its city hall.
(4) Ballots shall be marked, signed and submitted by the eligible property owner to the clerk of the municipality by the date designated on the ballot.
(5) The clerk of the municipality shall notify the property owners in the district of the result.
(6) If the plan is approved by sixty percent (60%) of the participating eligible property owners, the mayor of the municipality shall review the district plan to ensure its compliance with the provisions of Sections 21-43-101 through 21-43-133.
(7) The municipality shall disburse the proceeds collected from the assessment to the designated district management group within thirty (30) days after the assessment is due.
SECTION 77. Section 21-39-3, Mississippi Code of 1972, is brought forward as follows:
21-39-3. In municipalities in which there is more than one (1) newspaper qualified to publish legal notices, the governing authorities of such municipality shall enter into a contract for the publication of its proceedings, ordinances, resolutions, and other notices required to be published only after inviting competitive bids from such newspapers. Such contracts shall be let to the lowest bidder among them for a period of not more than twelve (12) months from the date of such contract. It shall not be necessary, however, that the governing authorities of such municipality advertise its intention to accept such competitive bids but it shall be sufficient if notice thereof in writing be given to all of such newspapers by mail or delivery at least five (5) days prior to the date on which said bids will be received, which said notice shall specify the date on which such bids will be received.
SECTION 78. This act shall take effect and be in force from and after July 1, 2024.
