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In a recent case, the Mississippi Supreme Court refused to apply this reasoning to an inclusion case. In In re City of Oxford, 142 So. 3d 401 (Miss. 2014) there was only one resident in the area sought to be included. She signed the petition and had moved out the area before trial. Thus, at the time of trial no one resided in the area sought to be included. Despite the objectors claim that all the residents moving out the area destroyed jurisdiction, the Mississippi Supreme Court held: We also disagree with the Objectors' interpretation of Myrick. In Myrick, thirtyone of the original petitioners specifically asked that their names be withdrawn from the petition because they no longer favored incorporation. Myrick, 336 So.2d at 211. This Court found that the Myrick petitioners had a right to advise the court that “they had changed their opinion and no longer favored incorporation,” and this was a fact that the chancellor should have considered in making his determination. Id. Unlike the petitioners in Myrick, Babb never withdrew her name from either Petition and testified that she wanted the property included within the City of Oxford. We find that this Court's precedent supports the conclusion that the Petitioners met the two-thirds requirement of Section 21–1–45 at the time they filed the Original and Amended Petitions for Inclusion. See Fletcher, 77 So.3d at 96–97; *407 City of Ridgeland, 494 So.2d at 348; In re Exclusion of Certain Territory from City of Jackson, 698 So.2d at 491; Boling, 241 So.2d at 362; Bridges, 168 So.2d at 41. Therefore, we affirm the judgment of the chancellor as to this issue. at 406-07 CONCLUSION It is highly likely that most board members will be called on to review the county’s position in a municipal boundary case within the upcoming term of office. Clearly, the county has the legal authority to object. Before doing so, the reasons for getting involved should be honestly evaluated. A meaningful objection to an annexation will result in substantial expenditures of public funds. Not only will the county make large expenditures, the citizens of the municipality will be forces to expend substantially more to counter the county’s opposition. Expenditures that could go to provide needed services and improvements are often made with little to show for it in the end. 192
ADDENDUM I. Overview of Annexation A. Why Annex 1. Inadequate Land Resources 2. Control Peripheral a) Sub-standard Development b) Incompatible Land Use c) Traffic Arteries 3. Expansion of Tax Base 4. Need for Municipal Services B. Overview of Legal Process 1. Two Ways City Boundary Can Be Expanded a) City Initiated Annexation b) Citizen Initiated Inclusion 2. Deannexation 3. Incorporation 4. “Reasonableness” Is the Common Thread C. What Is Reasonable? 1. Twelve Indicia recognized by courts 2. So-called “sub-indicators” sometimes present II. Pre-Annexation Planning A. Annexation Study 1. Formal Written Report 2. Informal Report 3. Type of Annexation a) Incremental b) Phased c) Comprehensive B. Planning Team 1. Urban Planners a) In House b) Outside Consultant 2. Attorneys 193
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County Government in Mississippi Fi
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© 2015. All rights reserved. No pa
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Technical assistance is provided on
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CONTRIBUTORS Michael T. Allen found
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University. Gallardo is interested
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director and eventually county admi
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CONTENTS Chapter 1: Historical and
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County Road System Map and Register
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Transfer of Surplus Funds .........
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Major Steps in the Process for Issu
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Conclusion ........................
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Brownfield Assessment Grant .......
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CHAPTER 1 THE HISTORICAL AND CONSTI
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odies vary, “board of commissione
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escaped being named Washington by a
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county offices throughout the state
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CHAPTER 2 USING THE MISSISSIPPI COD
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Using the Internet You can also fin
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Qualifications The Constitution 10
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REMOVAL FROM OFFICE As is the case
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absent or disabled, the board may e
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addition to the “public notice of
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the purpose of offering county owne
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preservation and disposition of cou
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With regard to justice courts, the
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POWERS REGARDING ARTS, RECREATION,
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POWERS REGARDING INDUSTRIAL DEVELOP
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40 Code, § 25-3-13. 41 Code, § 25
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143 Code, § 19-5-43. 144 Code, §
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CHAPTER 4 THE DISTRICT AND UNIT SYS
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Job Descriptions Written job descri
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Four-Year Road Plan 5 Each member o
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comply. Violations of any order of
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9 Code, §§ 19-2-11 and 19-2-12. 1
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• “Meeting” is any gathering
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Open Meetings Cases Case No. M-15-0
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• Public body must give notice to
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certain discovery in the course of
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“Relative” is the public servan
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THE COMPLAINT PROCEDURE FOR THE MIS
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In the event a public servant does
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• Appointees to offices required
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material financial interest in the
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14-036-E A towing service owned by
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payments, and the corporation recei
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Circuit Clerks her position to bene
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CHAPTER 6 OTHER MAJOR COUNTY OFFICI
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shall forward the fee and all neces
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(iii) (iv) (v) (vi) Death caused by
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e given three (3) months from the d
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Another log that must be kept by th
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The assessor and tax collector must
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appoint the chancery clerk to serve
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whose bids have been accepted by th
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of personnel engaged in the work of
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90 Code, § 19-4-7. 91 Ibid. 92 Ibi
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BUDGETING 1 A budget is a plan of a
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Budget Calendar Date May Board Meet
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The clerk of the board of superviso
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until there is sufficient money in
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and for the recovery of the value o
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Therefore, all agricultural propert
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True value is defined in Code, § 2
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• For roads and bridges, as autho
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The board also has the authority to
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• Research facilities; • Corpor
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property. The term “warehousing b
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CHAPTER 9 PURCHASING W. Edward Smit
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The inventory control clerk must pe
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authority” shall not include econ
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method of information distribution
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contract, including a description o
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governing authority boards taking o
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Change Orders to Construction Contr
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(2) No individual member, officer,
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TYPES OF COUNTY BONDS AND DEBT Most
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Regional Economic Development Act B
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from the federal government to the
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notes. Three-fifths (3/5) of the qu
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1. The governing authority, which w
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(examples of private parties for th
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amount of bonds proposed to be issu
Page 165 and 166: 12. Post-Closing County officials s
Page 167 and 168: 39. Pollution control facilities (C
Page 169 and 170: 15. Code, §§ 31-13-1 through 31-1
Page 171 and 172: counsel's approving opinion is prin
Page 173 and 174: Paying Agent A bank or other instit
Page 175 and 176: CHAPTER 11 PERSONNEL ADMINISTRATION
Page 177 and 178: is violated, there should be specif
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Page 181 and 182: consecutive days, and no overtime c
Page 183 and 184: Fourteenth Amendments establish cer
Page 185 and 186: 18 15 U.S.C. § 1674(a). 19 Code,
Page 187 and 188: BASICS OF RECORDS MANAGEMENT Of cou
Page 189 and 190: months after the action is settled.
Page 191 and 192: 11 Common examples include certain
Page 193 and 194: The fourth step is to re-evaluate o
Page 195 and 196: Economic and social indicators must
Page 197 and 198: encompassed by the plan may be the
Page 199 and 200: Subdivision Regulations Subdivision
Page 201 and 202: CHAPTER 14 MUNICIPAL BOUNDARY EXPAN
Page 203 and 204: “all parties interested in, affec
Page 205 and 206: The Court refused to reading into t
Page 207 and 208: Though a dissenting opinion like th
Page 209 and 210: • one square mile of territory;
Page 211 and 212: • whether incorporation affects a
Page 213 and 214: Appeal The same rules apply to anne
Page 215: Post Combination Operation After th
Page 219 and 220: d) Financial plan and department re
Page 221 and 222: H. Need for Zoning and Overall Plan
Page 223 and 224: Enjoy the Benefits of Proximity to
Page 225 and 226: D. The Petition - Legal Requirement
Page 227 and 228: 2. Extension of Public Facilities a
Page 229 and 230: I. Past Performance 1. Time Frame f
Page 231 and 232: 3. Motion for Expedited Appeal 4. O
Page 233 and 234: publication must be at least 30 day
Page 235 and 236: CHAPTER 15 THE ELECTORAL PROCESS W.
Page 237 and 238: The date for the first primary elec
Page 239 and 240: CONDUCT OF ELECTION The polls are r
Page 241 and 242: When the votes have been completely
Page 243 and 244: CHAPTER 16 THE COURT SYSTEM James L
Page 245 and 246: Municipal Courts are very important
Page 247 and 248: The Chancery Court handles equity c
Page 249 and 250: The clerks keep and maintain offici
Page 251 and 252: upon the viewpoint of the person in
Page 253 and 254: CHAPTER 17 COMMUNITY ECONOMIC DEVEL
Page 255 and 256: Regardless of the definition used,
Page 257 and 258: shown in table 2, each approach has
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Page 261 and 262: Recruiting external industries to t
Page 263 and 264: equiring technical assistance the l
Page 265 and 266: Hatcher, William, Matt Oyer, and Ro
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EPA must designate areas as meeting
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GREENHOUSE GAS AND CLIMATE CHANGE G
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important roles that federal and st
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• A full environmental assessment
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those of the similar MDEQ program.
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23). This fund may receive monies f
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in small commercial buildings, rest
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Lamar, Madison and Rankin and any o
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Rubbish (Class I & II) Rubbish is n
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waste. 40 C.F.R. § 260 contains al
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areas, and improve planning and man
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guidelines, the EPA developed progr
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APPENDIX A ANNUAL AGENDA FOR MEETIN
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Amend budget as necessary. Code, §
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Last month to make certain repairs
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Receive tax assessor/collector’s
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Receive tax assessor/collector’s
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formula designated by the legislatu
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APPENDIX C SELECTED INFORMATION ON
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County 2013 Population 2 Beat/Uni
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APPENDIX D THE MISSISSIPPI ASSOCIAT
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ORGANIZATION MAS is governed by fiv
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APPENDIX E MISSISSIPPI ASSOCIATION
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APPENDIX G THE CENTER FOR GOVERNMEN
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• Assist the Office of the Secret
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Copyright 2015 by Mississippi State
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