in Mississippi

Post Combination Operation
After the combination, the governing authorities of both cities continue to serve until the next
regular election. The mayor of the larger city becomes the mayor of the new city. Tax
assessments and levies continue until the next time they would be set by law. The ordinances of
the larger city become effective for the new city. 78
ABOLITION
Though a new municipality must have at least 300 persons, existing villages may continue to
operate. 79 However, if a municipality drops below fifty (50) inhabitants according to the latest
U.S. Census, it will be automatically abolished. 80 Additionally, a municipality is automatically
abolished if it fails to hold official meetings for a period of twelve (12) consecutive months or if
it fails to hold municipal elections for two (2) consecutive elections. 81
Municipalities of fewer than 1,000 inhabitants may voluntarily abolish the town or village by
taking the following steps: (a) an ordinance must be adopted setting forth the reasons for
dissolution; (b) a petition must be filed in the chancery court seeking to abolish the municipality;
(c) a hearing must be set; (d) notice of the hearing must be properly given; 82 (e) a hearing must
be held with those opposed being given the right to appear; and (f) a chancellor must determine
that the abolition is reasonable and will serve the public convenience and necessity. 83
CITIZEN INITIATED BOUNDARY CHANGES
As set out above several methods of altering municipal boundaries may be initiated by qualified
voters living in the affected area. Those include:
Incorporation
Inclusion
Deannexattion
Each of these procedures requires the signatures of 2/3 of the area seeking the alteration. The
Mississippi Supreme Court has long taken the position that the requirement of whether the two
third was determined on the date of filing. An exception was note in Myrick v. Incorporation of a
Designated Area into a Mun. Corp. to be Named Stringer, 336 So. 2d 209, 211 (Miss. 1976)
where certain signers asked that their name be removed. The Court said.
The individual signers of the petition had a right to apply their best judgment and
mature consideration to the matter and after such consideration had a right to
advise the court that they had changed their opinion and no longer favored the
incorporation. We hold that the chancellor should have, in making his
determination as to whether there were two-thirds of the qualified electors as
required by the statute, considered the fact that thirty-one of the original signers of
the original petition had requested that their names be withdrawn from the
petition.
191