Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 19-5-153 - Petition for incorporation; adoption of resolution of intent to incorporate

(1)
A petition for the incorporation of a district may be submitted to the board of supervisors of a county, signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. The petition shall include:
(a)
a statement of the necessity for the service or services to be supplied by the proposed district;
(b)
the proposed corporate name for the district;
(c)
the proposed boundaries of the district;
(d)
an estimate of the cost of the acquisition or construction of any facilities to be operated by the district, which estimate, however, shall not serve as a limitation upon the financing of improvements or extensions to the facilities;
(e)
a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in Section
19-5-189
, Mississippi Code of 1972; and
(f)
a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in Section
19-5-191
, Mississippi Code of 1972. The petition shall be signed in person by the petitioners, with their respective residence addresses. The petition shall be accompanied by a sworn statement of the person or persons circulating the petition, who shall state under oath that the person or persons witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of the person's or persons' knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed district. No individual tract of land containing one hundred sixty (160) acres or more shall be included in any such district unless the owner or owners of said tract is a signer under oath of the petition for the incorporation of such district.
(2)
The board of supervisors of a county, in its discretion, may initiate the incorporation of a district under Sections
19-5-151
through
19-5-207
by resolution of the board and presentation of a petition signed by at least twenty-five (25) property owners of the area to be incorporated if at least forty (40) property owners reside within the district. However, no individual tract of land containing one hundred sixty (160) acres or more shall be included in any such district unless the owner or owners of the tract gives written consent for the inclusion of the lands in such district.
(3)
The board of directors of a nonprofit, nonshare rural waterworks corporation may petition the board of supervisors of a county in which the corporation's certificated area lies to become a water district under Sections
19-5-151
through
19-5-207
. The board of directors shall adopt a resolution at a special meeting of the board. The meeting shall be open to any subscriber provided water service by the corporation. The board shall mail a notice of the meeting to each subscriber provided water service. The resolution shall provide that information required of the petition under subsection (1) of this section. The resolution shall be adopted by a three-fifths (3/5) majority vote of the board of directors.
(4)
With respect to the incorporation and operation of a fire protection district pursuant to Sections
19-5-151
through
19-5-207
, the word "owners" shall include any lessees of real property of a water supply district the term of whose original lease is not less than sixty (60) years and shall also include sublessees if the original lease of which they are subletting is not less than sixty (60) years.
Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1; Laws, 1983, ch. 419; Laws, 1999, ch. 304, § 2, eff. 8/2/1999 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section).