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VI. Post-Trial City d) Utilization of the City’s Public Facilities M. Witnesses 1. Mayor 2. Department Heads a) Chief Financial Officer b) Police Chief c) Fire Chief d) City Engineer e) Public Works Directors 3. Urban Planner 4. Financial Consultant 5. Mississippi Rating Bureau Representative 6. Public Health Officer 7. Insurance Agents 8. Private Citizens N. Options of the Court 1. Approve the Annexation in Full 2. Approve a Part of the Annexation and Delete Portions of the Territory 3. Deny the Annexation in Full 4. The Chancery Court Cannot Increase the Size of the Annexation A. Effective Date 1. An Annexation Is Effective a) Ten (10) Days after the Date of the Chancellor’s Decree If There Is No Appeal b) Ten (10) Days after the Date of the Final Determination by the Supreme Court If There Is an Appeal 2. Note the Conflict Caused by the Change in the Time for Appeal B. Appeal 1. The Record 2. Briefing a) Appellant’s Brief b) Appellee’s Brief c) Reply Brief 206
3. Motion for Expedited Appeal 4. Oral Argument C. Tax Liability 1. Subjecting Newly Annexed Citizens to Taxation for Debt of the Existing City Is Not Unconstitutional. Bridges v. Biloxi, 253 Miss. 812, 178 So. 683, 180 So. 2d 154, 180 So. 2d 641, App. Dism’d 383 US 574, 16 L.Ed. 2d 106, 86 S. Ct. 1077 (1965) 2. Annexations Completed by June 20 Are Taxed for the Entire Year D. Post-Trial Notifications 1. Secretary of State 2. Chancery Clerk 3. United States Census Bureau 4. State Rating Bureau 5. State Tax Commission E. Preclearance 1. Annexation 2. Wards 3. Other Affected District 1 Legal research and editorial assistance to the 2011-2015 updates was provided by John Scanlon, who is a partner together the author of this Chapter at Pyle, Mills, Dye & Pittman in Ridgeland, , which serves as general counsel for the municipalities of Ridgeland and Byram. 2 Code, §§ 3-3-3 and 19-1-1 through 19-1-163. 3 This case contains a useful discussion of instances where the issue had been previously addressed in passing in other cases. Because of the landmark nature of the decision, lengthy excerpts follow. 4 Harrison County v. City of Gulfport, 557 So. 2d 780, 782 (Miss. 1990) (internal citations omitted). 5 Ibid. (citing Code, § 21-1-31). 6 Harrison County, 782-83. 7 Ibid., 783 (quoting In the Matter of Enlargement of Corporate Boundaries of the City of Pascagoula, 346 So. 2d 904, 905 (Miss. 1977)). 8 Ibid. (quoting Pascagoula, 905). 9 Ibid. 10 Greenville Public School Dist. v. Western Line Consol. School Dist., 575 So. 2d 956, 965-66 (Miss. 1990) (citing In re City of Booneville, Prentiss Cty., 551 So. 2d 890 (Miss. 1989); Matter of Boundaries of Jackson, 551 So. 2d 861 (Miss. 1989)). 11 City of Picayune v. Southern Regional Corp., 916 So. 2d 510 (Miss. 2005). 12 Harrison County, 784 (citing Use of Lawrence County v. Fortinberry, 54 Miss. 316 (1877)). 13 Ibid. (citing Board of Supervisors of Carroll County v. Georgia Pacific Ry. Co., 11 So. 471 (Miss. 1892)). 14 Ibid. (citing Leflore Bank & Trust Co. v. Leflore County, 202 Miss. 552, 557, 32 So. 2d 744, 746 (1947)). 15 Ibid., 785. 16 Ibid. (citing Coahoma County v. Knox, 173 Miss. 789, 795, 163 So. 451, 452 (1935)). 207
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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
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12. Post-Closing County officials s
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39. Pollution control facilities (C
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15. Code, §§ 31-13-1 through 31-1
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counsel's approving opinion is prin
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Paying Agent A bank or other instit
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CHAPTER 11 PERSONNEL ADMINISTRATION
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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 and 216: Post Combination Operation After th
Page 217 and 218: ADDENDUM I. Overview of Annexation
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: I. Past Performance 1. Time Frame f
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
Page 259 and 260: prosper in it. This of course is ea
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
Page 267 and 268: EPA must designate areas as meeting
Page 269 and 270: GREENHOUSE GAS AND CLIMATE CHANGE G
Page 271 and 272: important roles that federal and st
Page 273 and 274: • A full environmental assessment
Page 275 and 276: those of the similar MDEQ program.
Page 277 and 278: 23). This fund may receive monies f
Page 279 and 280: 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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