Mississippi Code 1972 (2023) › Title 51 - WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL (§§ 51-1-1 — 51-41-33) › Chapter 15 - PAT HARRISON WATERWAY COMMISSION AND DISTRICT (§§ 51-15-1 — 51-15-165) › Article 3 - PAT HARRISON WATERWAY DISTRICT (§§ 51-15-101 — 51-15-165) › Section 51-15-113 - Order and notice of election

If the court or chancellor thereof finds that the proposed waterway district should be organized, a decree shall be so entered by the court which shall become final unless an election is called as hereinafter provided. A notice as provided by the decree of the court creating such district shall be published once each week for at least three (3) consecutive weeks in at least one (1) newspaper having general circulation or published in each county and municipality of the district as specified in such decree, stating that the decree shall become final forty-five (45) days after its entry unless twenty percent (20%) of the qualified electors of any county or municipality shall petition the court for an election on the question of the inclusion of such county or municipality in the district. If there be no newspaper published in any such county or municipality, then it shall be sufficient to publish such notice in a newspaper having general circulation in said county or municipality and, in addition, to post a copy of such notice for at least twenty-one (21) days next preceding the decree becoming final at three (3) public places in such county or municipality. The first publication of such notice shall be made in each county or municipality within ten (10) days after entry of said decree. In the event such petition is filed by twenty percent (20%) of the qualified electors of any county or municipality, an election shall be held in such county or municipality as hereinafter provided. The election shall be held not less than twenty-one (21) nor more than forty-five (45) days from the final date of such order, whereby the qualified electors within such county or municipality may determine if such county or municipality shall be a part of such proposed district. The election shall be called by the board of supervisors of the county, or by the governing authorities of the municipality, and notice of the election shall be given by publishing a substantial copy of the order of the board of supervisors or the municipal governing authorities providing for the election once a week for at least three (3) consecutive weeks, in at least one (1) newspaper published in each county or municipality in which an election is to be held. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election. If no newspaper is published in any such county or municipality, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county or municipality 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 or municipality.
On or after July 1, 2023, the procedures of this section shall apply to a petition filed under Section
51-15-107
to modify the decree organizing the district to include a municipality as a member of the district.
Codes, 1942, § 5956-177; Laws, 1962, ch. 222, § 4(d); Laws, 1962, 2d Ex. Sess., ch. 31, § 1(d), eff. 12/21/1962.
Amended by Laws, 2023, ch. 304, SB 2526,§ 4, eff. 7/1/2023.