Mississippi Advisory Opinions July 01, 2011: No. 2011-00259 (July 01, 2011)

No. 2011-00259.

Dear Mr. Bobo:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

You state that, subject to receiving a petition signed by twenty percent (20%) of the qualified voters of the municipality, the governing authorities will meet and order an election to be held on July 26, 2011 to determine whether the West Pearl Restaurant Tax District shall be a qualified resort area. You ask if the proposed publication schedule of the proposed notice of the election as outlined in your letter satisfies the requirements as detailed in Mississippi Code Annotated Sections 67-1-16 and 23-15-859. You further seek our opinion as to whether the proposed text of the notice is sufficient.

We are of the opinion that the proposed publication schedule of notice as stated in your letter satisfies the requirements of Sections 67-1-16 and 23-15-859. We are of the further opinion that the proposed text of the notice as set forth in your letter provides sufficient notice to the municipal voters.

You cite Section 67-1-16(3)(a) which requires the City to hold a special election to determine whether the West Pearl Restaurant Tax District, as defined in Chapter 912, Local and Private Laws of 2007, may be designated a qualified resort area.

You state that, in order to comply with the thirty (30) days notice required under Section 67-1-16, the City will publish notice of the election in the Rankin County News on June 22, July 29, July 6, July 13 and July 20 of this year. Additionally, you state that, in accordance with Section 23-15-859, the City will post the notice in three (3) public places in the municipality.You also state that the City will confirm the order to hold the special election initially passed on June 21, during the regular board meeting on July 5, 2011 to allow the order to be in compliance with Section 23-15-859, which requires that the resolution fixing the date for the special election be passed not less than twenty-one (21) and not more than thirty (30) days prior to the special election.

Section 67-1-16 provides in part:

(1)(a) Before an area may be designated by the governing authorities of a municipality as an area in which facilities which are defined as qualified resort areas in Section 67-1-5(o)(iii)5 may be located, an election shall be held, under the election laws applicable to the municipality, on the question of whether qualified resort areas shall be allowed in the municipality. An election to determine whether qualified resort areas shall be allowed in the municipalityshall be ordered by the municipal governing authorities, upon presentation to the governing authorities of a petition containing the names of at least twenty percent (20%) of the duly qualified voters of the municipality asking for the election. An election on the question may not be held by the municipality more often than once each year.

(b) Thirty (30) days' notice shall be given to the qualified electors of the municipality, in the manner prescribed by law, on the question allowing qualified resort areas to be established. The notice shall contain a statement of the question to be voted on at the election. The ballots used in the election shall have the following words printed thereon: "FOR THE ESTABLISHMENT OF QUALIFIED RESORT AREAS," and next below, "AGAINST THE ESTABLISHMENT OF QUALIFIED RESORT AREAS." In marking his ballot, the voter shall make a cross (X) opposite the words of his choice.

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Section 23-15-859 provides:

Whenever under any statute a special election is required or authorized to be held in any municipality, and the statute authorizing or requiring such election does not specify the time within which such election shall be called, or the notice which shall be given thereof, the governing authorities of the municipality shall, by resolution, fix a date upon which such election shall be held. Such date shall not be less than twenty-one (21) nor more than thirty (30) days after the date upon which such resolution is adopted, and not less than three (3) weeks' notice of such election shall be given by the clerk by a notice published in a newspaper published in the municipality once each week for three (3) weeks next preceding the date of such election, and by posting a copy of such notice at three (3) public places in such municipality. Nothing herein, however, shall be applicable to elections on the question of the issuance of the bonds of a municipality or to general or primary elections for the election of municipal officers.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Phil Carter

Special Assistant Attorney General