Mississippi Advisory Opinions March 22, 2002: AGO 000014989 (March 22, 2002)

AGO 000014989.

Dear Mr. Tanner:

Attorney General Mike Moore has received your recent letter on behalf of the Town of Isola and has asked me to respond. Your letter states:

I am requesting an opinion concerning the multipurpose building. There was a signed petition of 10% of the registered voters signing against the bond. I would like to know at this point should an election be called pursuant to Miss. Code Ann. Section 21-33-307?

Miss. Code Ann. Section 21-33-301et seq. sets forth a uniform system for issuance of negotiable municipal bonds, and Section 21-33-307 sets forth the initiating procedures for issuance of bonds. The governing authorities must adopt a resolution declaring their intention to issue bonds and must publish the resolution in accordance with the statute. The statute also addresses the requirement of an election on the issuance of bonds, stating in relevant part:

If ten percent (10%) of the qualified electors of the municipality, or fifteen hundred (1500), whichever is the lesser, shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the bonds shall be called and held as is provided in Section 21-33-309. . . If no protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, at any time within a period of two (2) years after the date specified in the above-mentioned resolution. However, the governing authority of any municipality in its discretion may nevertheless call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to issue such bonds as herein provided.

Since ten percent of the qualified electors of the Town of Isola have filed a written protest against the issuance of bonds following publication of the notice of the intention to issue the bonds, then the governing authorities, if they choose to go forward with the bond issue, must call and hold an election as provided in Section 21-33-309, which states:

The election provided for by Section 21-33-307 shall be held, as far as is practicable, in the same manner as other elections are held in municipalities. At such election, all qualified electors of such municipality may vote. The ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words "FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE," and the voter shall vote by placing a cross (X) or check mark (/) opposite his choice on the proposition.

If three-fifths of the qualified electors who vote in the election vote in favor of the issuance of bonds, then the governing authorities in their discretion may issue the bonds, either in whole or in part, within two years from the date of the election or within two years after the final favorable termination of any litigation affecting the issuance of the bonds. Miss. Code Ann. Section 21-33-311. If we may be of any further assistance, please let us know.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Alice Wise

Special Assistant Attorney General