reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › GENERAL PROVISIONS (§§ 21-1-1 — 21-1-11) › Section 21-1-9 - Designation of municipalities

All municipalities operating under Chapter 99, Mississippi Code of 1906, and all municipalities operating under Title 21, Chapter 3, Mississippi Code of 1972, shall be designated as having "Code Charters." All municipalities operating under Title 21, Chapter 5, Mississippi Code of 1972, shall be designated as having "Commission Form of Government." All municipalities operating under Title 21, Chapter 7, Mississippi Code of 1972, shall be designated as having "Council Form of Government." All municipalities operating under Title 21, Chapter 9, Mississippi Code of 1972, shall be designated as having "Council-Manager Form of Government." All other municipalities shall be designated as having "Private Charters," or such other form of government as may be created by the legislature, such cities to be designated by the act creating such special form of government.
Codes, 1906, ch. 99; 1942, § 3374-31; Laws, 1950, ch. 491, § 31, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › GENERAL PROVISIONS (§§ 21-1-1 — 21-1-11) › Section 21-1-11 - Judicial notice to be taken of class and powers of municipality

The courts shall take judicial notice of the class to which each of the municipalities of the state belongs, and of its powers under the provisions of this title.
Codes, 1892, § 3038; 1906, § 3443; Hemingway's 1917, § 6003; 1930, § 2614; 1942, § 3374-29; Laws, 1950, ch. 491, § 29, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCORPORATION (§§ 21-1-13 — 21-1-25) › Section 21-1-13 - Preparing and filing of petition

Whenever the inhabitants of any unincorporated territory shall desire to incorporate such territory as a city or town, they shall prepare a petition and file same in the chancery court of the county in which such territory is located or, if the territory is located in more than one county, the chancery court of either county. Said petition shall meet the following requirements:
(1)
it shall describe accurately the metes and bounds of the territory proposed to be incorporated and there shall be attached to such petition a map or plat of the boundaries of the proposed municipality;
(2)
it shall set forth the corporate name which is desired;
(3)
it shall be signed by at least two-thirds of the qualified electors residing in the territory proposed to be incorporated;
(4)
it shall set forth the number of inhabitants of such territory;
(5)
it shall set forth the assessed valuation of the real property in such territory according to the latest available assessments thereof;
(6)
it shall state the aims of the petitioners in seeking said incorporation, and shall set forth the municipal and public services which said municipal corporation proposes to render and the reasons why the public convenience and necessity would be served by the creation of such municipal corporation;
(7)
it shall contain a statement of the names of the persons the petitioners desire appointed as officers of such municipality; and
(8)
it shall be sworn to by one or more of the petitioners.
When such a petition shall be filed, it shall be docketed as are other suits and causes in the chancery courts of this state.
Codes, 1892, §§ 2921, 2922; 1906, §§ 3312, 3313; Hemingway's 1917, §§ 5809, 5810; 1930, §§ 2388, 2390; 1942, § 3374-03; Laws, 1898, ch. 74; Laws, 1908, ch. 74; Laws, 1914, ch. 244; Laws, 1950, ch. 491, § 3, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCORPORATION (§§ 21-1-13 — 21-1-25) › Section 21-1-15 - Publication of notice of proposed incorporation

After the filing of said petition, and upon request therefor by the petitioners, the chancellor shall set a day certain, either in term time 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 in some newspaper published or having a general circulation in the territory proposed to be incorporated once each week for three consecutive weeks, and by posting a copy of such notice in three or more public places in such territory. The first publication of such notice and the posted notice shall be made at least thirty 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 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 days prior to the date set for the hearing.
Codes, 1942, § 3374-04; Laws, 1950, ch. 491, § 4, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCORPORATION (§§ 21-1-13 — 21-1-25) › Section 21-1-17 - Hearing on petition; decree

At the time fixed, the chancellor shall proceed to hear all evidence offered in support of said petition, together with all objections, if any, that may be presented touching or bearing upon the question of whether or not the proposed incorporation is reasonable and is required by the public convenience and necessity. The chancellor shall have the power, however, to grant such reasonable continuances as justice may require. If the chancellor finds from the evidence that the proposed incorporation is reasonable and is required by the public convenience and necessity, then he shall enter a decree declaring such municipal corporation to be created as requested in such petition, which decree shall give an accurate description of the territory included in such municipal corporation, shall classify such municipal corporation according to law, and shall set forth the names of the persons which the petitioners desire as officers of such municipality. The chancellor shall have the power, however, in granting any such incorporation to grant same in whole or in part by modifying or decreasing the territory to be included within such municipal corporation. If the chancellor finds from the evidence that the proposed incorporation is not reasonable and is not required by the public necessity and convenience, then a decree shall be entered denying such incorporation. Whenever any municipal corporation shall be created as herein provided, a map or plat of the boundaries of such municipal corporation shall be filed with the chancery clerk and shall be recorded by him in the official plat book of the county. The decree of the chancellor, either creating or denying such incorporation, shall become effective after the passage of ten days from the date of such decree, unless an appeal be taken therefrom as is provided in Section
21-1-21
.
Codes, 1942, § 3374-05; Laws, 1950, ch. 491, § 5, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCORPORATION (§§ 21-1-13 — 21-1-25) › Section 21-1-19 - Costs

In the event no objection is made to such petition, all costs of the hearing before the chancellor shall be taxed against the petitioners. In the event objection is made to such petition, such costs may be taxed by the chancellor in such manner as may be deemed by him to be equitable.
Codes, 1942, § 3374-09; Laws, 1950, ch. 491, § 9, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCORPORATION (§§ 21-1-13 — 21-1-25) › Section 21-1-21 - Appeal

Any person interested in or aggrieved by the decree of the chancellor, and who was a party to the proceedings in the chancery court, may prosecute an appeal therefrom to the supreme court within ten days from the date of such decree by furnishing an appeal bond in the sum of five hundred dollars with two good and sufficient sureties, conditioned to pay all costs of the appeal in event the decree is affirmed. Such appeal bond shall be subject to the approval of the chancery clerk and shall operate as a supersedeas. If the decree of the chancellor be affirmed by the supreme court, then such decree shall go into effect after the passage of ten days from the date of the final judgment thereon, and the party or parties prosecuting such appeal and the sureties on their appeal bond shall be adjudged to pay all costs of such appeal.
Codes, 1942, § 3374-08; Laws, 1950, ch. 491, § 8, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCORPORATION (§§ 21-1-13 — 21-1-25) › Section 21-1-23 - Copy of decree sent to Secretary of State

In the event the decree of the chancellor be in favor of the creation of such municipal corporation and no appeal is taken therefrom within ten days from the date of such decree, as is provided in Section
21-1-21
, the chancery clerk shall forward to the secretary of state a certified copy of the decree creating such municipal corporation and such decree shall be filed in the office of the secretary of state and remain a permanent record thereof. In the event an appeal is taken from the decree creating such a municipal corporation, and the action of the chancellor is affirmed, then a copy of said decree shall be forwarded to the secretary of state within ten days after receipt of the mandate from the supreme court notifying the clerk of the affirmance of such decree.
Codes, 1942, § 3374-06; Laws, 1950, ch. 491, § 6, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCORPORATION (§§ 21-1-13 — 21-1-25) › Section 21-1-25 - Commissioning of officers; first meeting

Upon receipt of the certified copy of the decree creating a municipal corporation, the secretary of state shall issue commissions to the persons named therein to be appointed as the officers of such municipality.
As soon as practicable after receipt of such commissions from the Secretary of State, the officers receiving such commissions shall meet, upon the call of the mayor-designate and at a time and place to be fixed by him, and shall take the oath of office and shall give bond and security as other like officers are required to do under the provisions of this title. Such officers shall hold office until their successors are elected at the next ensuing municipal election and shall have qualified according to law. Such first meeting of the governing authorities shall be held within thirty days after the date such commissions are issued by the secretary of state, and at such meeting a certified copy of the decree of the chancery court creating such municipal corporation shall be entered upon the minutes of the board.
Codes, 1942, §§ 3374-06, 3374-07; Laws, 1950, ch. 491, §§ 6, 7, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES (§§ 21-1-27 — 21-1-41) › Section 21-1-27 - Passing of ordinance

(1)
The limits and boundaries of existing cities, towns and villages shall remain as now established until altered in the manner hereinafter provided. When any municipality shall desire to enlarge or contract the boundaries thereof by adding thereto adjacent unincorporated territory or excluding therefrom any part of the incorporated territory of such municipality, the governing authorities of such municipality shall pass an ordinance defining with certainty the territory proposed to be included in or excluded from the corporate limits, and also defining the entire boundary as changed. In the event the municipality desires to enlarge such boundaries, such ordinance shall in general terms describe the proposed improvements to be made in the annexed territory, the manner and extent of such improvements, and the approximate time within which such improvements are to be made; such ordinance shall also contain a statement of the municipal or public services which such municipality proposes to render in such annexed territory. In the event the municipality shall desire to contract its boundaries, such ordinance shall contain a statement of the reasons for such contraction and a statement showing whereby the public convenience and necessity would be served thereby.
(2)
[Repealed].
(3)
[Repealed].
Codes, 1892, § 2912a; 1906, § 3301; Hemingway's 1917, § 5797; 1930, § 2371; 1942, § 3374-10; Laws, 1902, ch. 103; Laws, 1910, ch. 230; Laws, 1950, ch. 491, § 10.
Amended by Laws, 2016, ch. 443, SB 2198, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES (§§ 21-1-27 — 21-1-41) › Section 21-1-29 - Preparing and filing of petition

When any such ordinance shall be passed by the municipal authorities, such municipal authorities shall file a petition in the chancery court of the county in which such municipality is located; however, when a municipality wishes to annex or extend its boundaries across and into an adjoining county such municipal authorities shall file a petition in the chancery court of the county in which such territory is located. The petition shall recite the fact of the adoption of such ordinance and shall pray that the enlargement or contraction of the municipal boundaries, as the case may be, shall be ratified, approved and confirmed by the court. There shall be attached to such petition, as exhibits thereto, a certified copy of the ordinance adopted by the municipal authorities and a map or plat of the municipal boundaries as they will exist in event such enlargement or contraction becomes effective.
Codes, 1942, § 3374-11; Laws, 1950, ch. 491, § 11; Laws, 1960, ch. 422.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES (§§ 21-1-27 — 21-1-41) › Section 21-1-31 - Publication of notice of proposed enlargement or contraction

Upon the filing of such petition and upon application therefor by the petitioner, the chancellor shall fix a date certain, either in term time or in vacation, when a hearing on said petition will be held, and notice thereof shall be given in the same manner and for the same length of time as is provided in Section
21-1-15
with regard to the creation of municipal corporations, and all parties interested in, affected by, or being aggrieved by said proposed enlargement or contraction shall have the right to appear at such hearing and present their objection to such proposed enlargement or contraction. However, in all cases of the enlargement of municipalities where any of the territory proposed to be incorporated is located within three miles of another existing municipality, then such other existing municipality shall be made a party defendant to said petition and shall be served with process in the manner provided by law, which process shall be served at least thirty days prior to the date set for the hearing.
Codes, 1942, § 3374-12; Laws, 1950, ch. 491, § 12, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES (§§ 21-1-27 — 21-1-41) › Section 21-1-33 - Hearing on petition; decree

(1)
If the chancellor finds from the evidence presented at the hearing that the proposed enlargement or contraction is reasonable and is required by the public convenience and necessity and, in the event of an enlargement of a municipality, that reasonable public and municipal services will be rendered in the annexed territory within a reasonable time and that the governing authority of the municipality complied with the provisions of Section
21-1-27
, the chancellor shall enter a decree approving, ratifying and confirming the proposed enlargement or contraction, and describing the boundaries of the municipality as altered. In so doing the chancellor shall have the right and the power to modify the proposed enlargement or contraction by decreasing the territory to be included in or excluded from the municipality, as the case may be.
(2)
If the chancellor shall find from the evidence that the proposed enlargement or contraction, as the case may be, is unreasonable and is not required by the public convenience and necessity, or in the event of an enlargement of a municipality, that the governing authority of the municipality failed to comply with the provisions of Section
21-1-27
, then he shall enter a decree denying the enlargement or contraction.
(3)
In any event, the decree of the chancellor shall become effective after the passage of ten (10) days from the date thereof or, in the event an appeal is taken therefrom, within ten (10) days from the final determination of the appeal. In any proceeding under this section the burden shall be upon the municipal authorities to show that the proposed enlargement or contraction is reasonable.
Codes, 1942, § 3374-13; Laws, 1950, ch. 491, § 13, eff. 7/1/1950.
Amended by Laws, 2016, ch. 443, SB 2198, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES (§§ 21-1-27 — 21-1-41) › Section 21-1-35 - Costs

In the event no objection is made to the petition for the enlargement or contraction of the municipal boundaries, the municipality shall be taxed with all costs of the proceedings. In the event objection is made, such costs may be taxed in such manner as the chancellor shall determine to be equitable pursuant to the Mississippi Rules of Civil Procedure. In the event of an appeal from the judgment of the chancellor, the costs incurred in the appeal shall be taxed against the appellant if the judgment be affirmed, and against the appellee if the judgment be reversed.
Codes, 1942, § 3374-16; Laws, 1950, ch. 491, § 16; Laws, 1991, ch. 573, § 107, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES (§§ 21-1-27 — 21-1-41) › Section 21-1-37 - Appeal

If the municipality or any other interested person who was a party to the proceedings in the chancery court be aggrieved by the decree of the chancellor, then such municipality or other person may prosecute an appeal therefrom within the time and in the manner and with like effect as is provided in Section
21-1-21
in the case of appeals from the decree of the chancellor with regard to the creation of a municipal corporation.
Codes, 1892, § 2913; 1906, §§ 3303, 3304; Hemingway's 1917, §§ 5799, 5800; 1930, §§ 2373, 2374; 1942, § 3374-14; Laws, 1950, ch. 491, § 14, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES (§§ 21-1-27 — 21-1-41) › Section 21-1-39 - Copy of decree sent to secretary of state

Whenever the corporate limits of any municipality shall be enlarged or contracted, as herein provided, the chancery clerk shall, after the expiration of ten days from the date of such decree if no appeal be taken therefrom, forward to the secretary of state a certified copy of such decree, which shall be filed in the office of the secretary of state and shall remain a permanent record thereof. In the event an appeal be taken from such decree and such decree is affirmed, then the certified copy thereof shall be forwarded to the secretary of state within ten days after receipt of the mandate from the supreme court notifying the clerk of such affirmance.
Codes, 1942, § 3374-15; Laws, 1950, ch. 491, § 15, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › EXTENSION OR CONTRACTION OF CORPORATE BOUNDARIES (§§ 21-1-27 — 21-1-41) › Section 21-1-41 - Chancery clerk to be furnished map or plat of alterations

In all cases where the limits of a municipality are enlarged or contracted the municipal authorities shall furnish to the chancery clerk a map or plat of the boundaries of the municipality as altered. Such map or plat shall be recorded in the official plat book of the county.
Codes, 1942, § 3374-15; Laws, 1950, ch. 491, § 15, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › COMBINATION (§ 21-1-43) › Section 21-1-43 - Combining of municipalities

Any two or more cities or towns being adjacent or situated sufficiently near to each other may combine into and become one municipality in the same manner as is provided for the enlargement or contraction of municipal boundaries. It shall be necessary for the governing authorities of each municipality to adopt the ordinance with regard thereto in the same manner as is provided in Section
21-1-27
with regard to the enlargement or contraction of municipal boundaries. It shall also be necessary that such municipal authorities shall file a joint petition in the proper chancery court, and thereafter proceedings shall be had in the same manner as is provided in cases of enlargement or contraction of municipal boundaries. The ordinance and the petition filed with the chancery court shall state the name that shall be given to the municipality to be formed. In the event of the consolidation of two or more municipalities into one as herein provided, the decree of the chancellor shall correctly classify the municipality so formed in accordance with the facts, based upon the total population of all of such municipalities as shown by the latest available federal census. When said consolidation shall have become final and operative, all of such municipalities shall be merged into one under the name set forth in the ordinances adopted by the governing authorities of the municipalities so consolidated. The governing authorities of all the municipalities so consolidated shall become members of the governing authority of the municipality so formed until the next regular election, when the proper number of members of the governing authority shall be elected as provided by law, and the mayor or chief executive officer of the largest municipality, according to population, shall become the mayor or chief executive officer of the municipality so formed. The assessments and levies for ad valorem taxation in force at the time of the consolidation of such municipalities for the territory of each municipality shall be the assessment and levy upon which taxes shall be collected for the then current fiscal year, but in all other respects the existing laws and ordinances of the largest municipality, according to population, shall be operative throughout the enlarged limits.
Nothing in this section shall authorize the combination of two or more villages unless such villages shall have a combined population of five hundred or more, according to the latest available federal census.
Codes, 1892, § 2912a; 1906, § 3301; Hemingway's 1917, § 5797; 1930, § 2371; 1942, § 3374-17; Laws, 1902, ch. 103; Laws, 1910, ch. 230; Laws, 1950, ch. 491, § 17, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCLUSION OR EXCLUSION FROM EXISTING MUNICIPALITY (§§ 21-1-45 — 21-1-47) › Section 21-1-45 - Electors' option to be included in or excluded from existing municipality; preparing and filing of petition

The qualified electors of any territory contiguous to and adjoining any existing municipality and the qualified electors of any territory which is a part of an existing municipality, may be included in or excluded from such municipality, as the case may be, in the manner hereinafter provided. Whenever the inhabitants of any incorporated territory adjacent to any municipality shall desire to be included therein, and whenever the inhabitants of any territory which is a part of an existing municipality shall desire to be excluded therefrom, they shall prepare a petition and file same in the chancery court of the county in which such municipality is located, which said petition shall be signed by at least two-thirds of the qualified electors residing in the territory proposed to be included in or excluded from such municipality. Said petition shall describe accurately the metes and bounds of the territory proposed to be included in or excluded from such municipality, shall set forth the reasons why the public convenience and necessity would be served by such territory being included in or excluded from such municipality, as the case may be, and shall be sworn to by one or more of the petitioners. In all cases, there shall be attached to such petition a plat of the municipal boundaries as same will exist in the event the territory in question is included in or excluded from such municipality. No territory may be so excluded from a municipality within two years from the time that such territory was incorporated into such municipality, and no territory may be so excluded if it would wholly separate any territory not so excluded from the remainder of the municipality. No petition for the inclusion or exclusion of any territory under this section shall be filed within two years from the date of any adverse determination of any proceedings originated hereinafter under this chapter for the inclusion or exclusion of the same territory.
Codes, 1942, § 3374-19; Laws, 1950, ch. 491, § 19, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › INCLUSION OR EXCLUSION FROM EXISTING MUNICIPALITY (§§ 21-1-45 — 21-1-47) › Section 21-1-47 - Proceedings in chancery court

Upon the filing of such a petition, all of the proceedings of this chapter with regard to proceedings in the chancery court upon petitions for the creation, enlargement, and contraction of municipalities shall apply in like manner thereto. Notice of the filing of such petition and the time for the hearing shall be given in the manner and for the length of time as is required in cases of proceedings for the creation, enlargement, or contraction of a municipality. Any parties to the proceedings aggrieved by the decree of the chancellor may appeal therefrom in the same manner and within the same time as is provided in cases of decrees on petitions involving the creation, enlargement or contraction of a municipal corporation. In all proceedings under this section, however, the municipal corporation involved shall be made a party to such proceedings and shall be served with process in the manner provided by law at least thirty days prior to the date of the hearing. If the chancellor finds from the evidence that the proposed inclusion or exclusion is reasonable and is required by the public convenience and necessity, then he shall enter a decree declaring the territory in question to be included in or excluded from the municipality, as the case may be, which decree shall contain an adjudication of the boundaries of the municipality as altered. In so doing, the chancellor shall have the right and power to modify the proposed enlargement or contraction by decreasing the territory to be included in or excluded from the municipality, as the case may be. If the chancellor shall find from the evidence that the proposed inclusion or exclusion, as the case may be, is unreasonable and is not required by the public convenience and necessity, then he shall enter a decree denying same. In any event, the decree of the chancellor shall become effective after the passage of ten days from the date thereof or, in the event an appeal is taken therefrom, within ten days from the final determination of such appeal. In all cases where territory is included in or excluded from a municipality under the provisions hereof, a certified copy of the decree of the chancellor shall be sent to the Secretary of State and a map or plat of the boundaries of the municipality as altered shall be filed with the chancery clerk, all as provided in Sections
21-1-39
and
21-1-41
.
Codes, 1942, § 3374-20; Laws, 1950, ch. 491, § 20, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › ABOLITION (§§ 21-1-49 — 21-1-57) › Section 21-1-49 - Automatic by virtue of census results; restoration of rights and privileges as municipality

(1)
In the event any census taken under an act of Congress shall show that any municipality contains less than fifty (50) inhabitants, then such municipality shall be automatically abolished and all its rights and powers as a municipal corporation shall thereupon cease. In such cases it shall be the duty of the Secretary of State to make an appropriate notation on the records of such municipal corporation in his office showing that such municipal corporation has been abolished because of having less than fifty (50) inhabitants, and he shall forthwith send a notice to the municipal authorities advising them of such fact, and shall send a copy of the notice to the chancery clerk of the county in which such municipality is located. However, the failure of the Secretary of State to make such notation or to send such notice shall not prevent the abolition of such municipal corporation as is herein provided, but such abolition shall result automatically from the fact that the census shows that such municipal corporation has less than fifty (50) inhabitants.
(2)
Any municipality having not less than fifty (50) inhabitants and having heretofore been abolished under the federal census of 1970 by operation of language formerly employed in this section providing for such abolition should a municipality contain less than ninety-two (92) inhabitants, is hereby restored to all rights and privileges as a municipality after the most recent governing authority of the municipality gives notice to the Secretary of State that such municipality desires to be restored to all rights and privileges as a municipality.
(3)
Any municipality having less than fifty (50) inhabitants and having heretofore been abolished under the federal census of 2020 in accordance with subsection (1) of this section, shall be temporarily restored of all rights and privileges as a municipality upon providing documentation to the Secretary of State that the municipality has submitted its intent to challenge the findings of the federal census of 2020 in accordance with the procedures of the United States Census Bureau, or any successor agency. Upon a finding by the United States Census Bureau, or any successor agency, that the municipality has fifty (50) or more inhabitants, the municipality will be restored to all rights and privileges as a municipality.
Codes, 1892, § 2919; 1906, § 3310; Hemingway's 1917, § 5806; 1930, § 2381; 1942, § 3374-21; Laws, 1920, ch. 319; Laws, 1950, ch. 491, § 21; Laws, 1962, ch. 536; Laws, 1973, ch. 318, § 1; Laws, 1981, ch. 513, § 1, eff. 4/20/1981.
Amended by Laws, 2022, ch. 388, HB 821,§ 3, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › ABOLITION (§§ 21-1-49 — 21-1-57) › Section 21-1-51 - Automatic by failure to hold official meetings or municipal general election of officers

Whenever the municipal authorities of any municipality shall fail to hold official meetings for a period of twelve consecutive months, or whenever municipal general elections of officers shall not be held in any municipal corporation as required by law upon two consecutive occasions, then such municipal corporation shall be automatically abolished, and its rights and powers as a municipal corporation shall cease and determine. The official minute book of the municipality shall be the sole evidence of whether any official meetings were held in such municipal corporation during any twelve month period, except in cases of fraud or falsification, and abolition of the municipality shall result automatically where the official minute book fails to show a record of any official meetings during such twelve month period. In cases of the failure to hold municipal general elections of officers on two consecutive occasions, the records in the office of the secretary of state as to whether or not returns of such elections were made to him as required by law shall be the sole evidence of whether such elections were held, except in cases of fraud, falsification, loss of such records or clear and patent mistake, oversight, or omission.
Codes, 1892, § 2919; 1906, § 3310; Hemingway's 1917, § 5807; 1930, § 2383; 1942, § 3374-22; Laws, 1910, ch. 199; Laws, 1950, ch. 491, § 22, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › ABOLITION (§§ 21-1-49 — 21-1-57) › Section 21-1-55 - Records of municipality to be filed with chancery clerk

Whenever a municipality is abolished under any of the provisions of this chapter, the municipal authorities shall deliver all records of such municipality to the chancery clerk of the county in which such municipality is located and said records shall be filed in the office of the chancery clerk and be kept by him as a public record.
Codes, 1942, § 3374-25; Laws, 1950, ch. 491, § 25, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › ABOLITION (§§ 21-1-49 — 21-1-57) › Section 21-1-57 - Payment of indebtedness of municipality

The abolition of a municipal corporation under any of the provisions of this chapter shall not relieve the property thereof of liability for the debts of the municipality, but the governing authorities of the municipality shall forthwith make up a statement of the indebtedness of the municipality, if any, and a statement of its assets, and shall certify the same and deliver such statement, together with the records of the municipality, to the chancery clerk of the county in which the municipality is located. The board of supervisors of the county shall levy a special tax upon the property embraced in such municipality so abolished, which shall be in force from year to year so long as may be necessary, and such tax shall be collected by the tax collector of the county. The tax collector shall deposit the funds derived from such levy in a special account in the county treasury, and the same shall be paid to the creditors of such municipality upon order and allowance of claims by the board of supervisors. When all of the indebtedness of the municipality shall have been paid, then such special levy shall be discontinued.
Codes, 1942, § 3374-25; Laws, 1950, ch. 491, § 25, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › TAX LIABILITY (§§ 21-1-61 — 21-1-63) › Section 21-1-61 - Tax liability in case of creation or enlargement of municipality

In all cases where a municipality is created or the limits of an existing municipality are enlarged under the provisions of this chapter, the property included within the municipal boundaries by such creation or enlargement shall become liable for and subject to municipal ad valorem taxation on the tax lien date next succeeding the effective date of the decree creating or enlarging such municipality.
Codes, 1942, § 3374-27; Laws, 1950, ch. 491, § 27, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › TAX LIABILITY (§§ 21-1-61 — 21-1-63) › Section 21-1-63 - Tax liability in case of contraction of municipality

Whenever any territory of an existing municipality is excluded therefrom by a contraction of the boundaries thereof under the provisions of this chapter, and there shall be at such time outstanding bonds or other indebtedness of such municipality constituting a lien on the territory so excluded, and which indebtedness was incurred while such territory was a part of such municipality, such territory shall remain liable for its pro rata share of said indebtedness, and the governing authorities of such municipality shall have power and authority to assess the property in such territory so excluded for taxation and to levy a tax thereon for the payment of said indebtedness in the same manner and to the same extent as the property within such municipality is taxed for the payment of such indebtedness.
Codes, 1942, § 3374-28; Laws, 1950, ch. 491, § 28, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › APPLICABILITY (§ 21-1-65) › Section 21-1-65 - Applicability of chapter

This chapter shall apply to and govern the creation, enlargement, contraction, and abolition of all municipalities of this state hereafter, whether such municipality be operating under the code charter, under the commission form of government, under the council form of government, under the council-manager form of government, or under a special charter, and regardless of whether a different or special procedure be provided by any such special charter.
Codes, 1942, § 3374-32; Laws, 1950, ch. 491, § 32, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › ALTERNATIVE PROCEDURE FOR INCORPORATION [Repealed] (§ 21-1-67) › Section 21-1-67 - through 21-1-79 - [Repealed]

Repealed by Laws, 1979, ch. 470, § 8, eff. 7/1/1981.
Laws, 1979, ch. 470, §§ 1-7.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-1 - Adoption of code charter

Any municipality not now operating under a "Code Charter" may acquire such charter and come under the provisions of this chapter by a majority vote of the electors therein, cast at a general or special election held for such purpose. At such election, the propositions to be voted on shall be "FOR THE CODE CHARTER" and "AGAINST THE CODE CHARTER." If a majority of the legal votes cast are in favor of adopting the code charter, then the municipality shall be subject to and governed by all the following provisions of this chapter, and the result of the election shall be certified to the secretary of state, who shall make a record of same in his office. If a majority of the votes cast shall be against the code charter, the municipal authorities shall so enter of record, and another election submitting the question shall not be held within four years thereafter. After the rejection of the provisions of the code charter by a municipality, and until its acceptance thereof as herein provided, the corporate powers, rights and franchises thereof shall be and remain as now provided by law.
Codes, 1942, § 3374-34; Laws, 1950, ch. 491, § 34, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-3 - Elective officers; certain officers may be appointive

The elective officers of all municipalities operating under a code charter shall be the mayor, the aldermen, municipal judge, the marshal or chief of police, the tax collector and the tax assessor. From and after July 1, 2017, the governing authorities of the municipality shall appoint a city or town clerk who shall likewise serve as an officer of the municipality. However, the governing authorities of the municipality shall have the power, by ordinance, to combine the office of clerk or marshal with the office of tax collector and/or tax assessor. Such governing authorities shall have the further power to provide that all or any of such officers, except those of mayor and aldermen, shall be appointive, in which case the marshal or chief of police, the tax collector, the tax assessor, and the city or town clerk, or such of such officers as may be made appointive, shall be appointed by the governing authorities. Any action taken by the governing authorities to make any of such offices appointive shall be by ordinance of such municipality, and no such ordinance shall be adopted within ninety (90) days prior to any regular general election for the election of municipal officers. No such ordinance shall become effective during the term of office of any officer whose office shall be affected thereby. If any such office is made appointive, the person appointed thereto shall hold office at the pleasure of the governing authorities and may be discharged by such governing authorities at any time, either with or without cause, and it shall be discretionary with the governing authorities whether or not to require such person appointed thereto to reside within the corporate limits of the municipality in order to hold such office.
Codes, 1892, § 2978; 1906, § 3375; Hemingway's 1917, § 5903; 1930, § 2511; 1942, § 3374-35; Laws, 1904, ch. 156; Laws, 1910, ch. 201; Laws, 1934, ch. 315; Laws, 1950, ch. 491, § 35; Laws, 1952, chs. 362, 363; Laws, 1966, Ex Sess, ch. 42, § 1; Laws, 1985, ch. 488, eff. 11/6/1985 (the date the United States Attorney General interposed no objections).
Amended by Laws, 2016, ch. 507, HB 130, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-5 - Appointive officers

From and after the expiration of the terms of office of present municipal officers, the mayor and board of aldermen of all municipalities operating under this chapter shall have the power and authority to appoint a street commissioner, and such other officers and employees as may be necessary, and to prescribe the duties and fix the compensation of all such officers and employees. All officers and employees so appointed shall hold office at the pleasure of the governing authorities and may be discharged by such governing authorities at any time, either with or without cause. The governing authorities of municipalities shall have the power and authority, in their discretion, to appoint the same person to any two (2) or more of the appointive offices, and in a municipality having a population of less than fifteen thousand (15,000), according to the latest available federal census, a member of the board of aldermen may be appointed to the office of street commissioner. In municipalities not having depositories, the clerk shall serve as ex officio treasurer. The municipal governing authorities shall require all officers and employees handling or having the custody of any public funds of such city to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in an amount to be determined by the governing authority (which shall be not less than Fifty Thousand Dollars ($50,000.00)), the premium on same to be paid from the municipal treasury. The terms of office or employment of all officers and employees so appointed shall expire at the expiration of the term of office of the governing authorities making the appointment, unless such officers or employees shall have been sooner discharged as herein provided. All officers and employees so appointed are authorized to serve until the appointment and qualification of their successors not exceeding the limitation period provided in Section
21-15-41
.
Codes, 1942, § 3374-37; Laws, 1950, ch. 491, § 37; Laws, 1984, ch. 409; Laws, 1986, ch. 458, § 22; Laws, 1988, ch. 488, § 2; Laws, 2009, ch. 467, § 7, eff. 7/1/2009.
Amended by Laws, 2018, ch. 376, HB 1114,§ 3, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-9 - Qualifications of mayor and aldermen

The mayor and members of the board of aldermen shall be qualified electors of the municipality and, in addition, the aldermen elected from and by wards shall be residents of their respective wards.
Codes, 1892, §§ 2987, 2988; 1906, §§ 3385, 3386; Hemingway's 1917, §§ 5913, 5914; 1930, §§ 2521, 2522; 1942, § 3374-42; Laws, 1950, ch. 491, § 42, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-11 - Office of alderman or mayor vacated by removal of residence

If any person elected as an alderman from a particular ward shall remove his residence from said ward, his office shall automatically be vacated, and if the mayor or any alderman elected from the municipality at large shall remove his residence from such municipality, the office shall likewise automatically be vacated. The vacancy shall be declared by the mayor and board of aldermen in the case of an alderman and by the board of aldermen in the case of a mayor, and such vacancy shall be filled in the manner prescribed by law.
Codes, 1906, § 3376; Hemingway's 1917, § 5904; 1930, § 2512; 1942, § 3374-38; Laws, 1950, ch. 491, § 38, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 3 - CODE CHARTERS (§§ 21-3-1 — 21-3-25) › Section 21-3-13 - Mayor pro tempore

The board of aldermen shall elect from among its members a mayor pro tempore, who shall serve in the place of the mayor in cases of temporary absence or disability of the mayor.
Codes, 1942, §§ 3417, 3374-39; Laws, 1950, ch. 491, § 39, eff. 7/1/1950.