Mississippi Advisory Opinions May 31, 1994: AGO 93-0891 (May 31, 1994)

Advisory Opinion Text

Mr. H. Hunter Twiford, III

Tollison Austin & Twiford

148 Sunflower Avenue

P.O. Box 727

Clarksdale, Mississippi 38614

Re: Amendment of Municipal Charter

Dear Mr. Twiford:

Attorney General Mike Moore has received your letter on behalf of the City of Clarksdale concerning amendment of the city charter and has asked me to respond. In your letter you state that the City of Clarksdale has a private charter and operates as a Commission form of government pursuant to Chapter 108 of the Laws of 1908. Your letter states:

Section 10 of the Charter sets forth the methodology of amendment of the Charter as to the number of commissioners, the time required of each, the amount of salary paid to each and the bond required of each by special election at least three months before the regular election for city officers. The Board of Mayor and Commissioners desires to amend Section 10 of the Charter in accordance with the methodology set forth in Miss.Code Ann. § 21–17–9 (Rev.1988), by preparing in writing the desired amendment, publishing and posting the same as required by the statutes and submission to the Governor, subject to the rights of qualified electors to protest and ratification of the proposed amendments at a special election in the event of a protest.

The proposed amended Section 10, which is under consideration by the Board, which has not been adopted as the official action by the Board at the present time, would read as follows:

Section 10. Amendments. The Charter may be amended as to the number of commissioners and the time required of each by an election to be held for that purpose at least three months before the regular election for city officers. In any such election held for the purpose of amending this Charter, if the proposed amendment shall receive a majority of the votes cast, the Clerk of the City shall certify a copy of the amendment with the result of the election to the Governor, who shall issue his proclamation authorizing said amendment.

In all other respects, the Charter may be amended at the behest of the governing authorities of the City in accordance with the provisions of Miss.Code Ann. § 21–17–19 (Rev.1988), as the same now exists or may, from time to time, be amended, or at the behest of the electorate in accordance with the provisions of Miss.Code Ann. § 21–17–11 (Rev.1988) as now exists or may, from time to time, be amended.

The City requests an official opinion as to the availability of Section 21–17–9 to the City of Clarksdale for amendment of its Charter, and whether, in the opinion of the Attorney General, the proposed amendments and the methodology of amendment comply with State law.

The City of Clarksdale may amend its private charter pursuant to the procedures set forth in § 21–17–9 . As the statute provides, the governing authorities must advertise the proposed amendments first and then submit the amendments to the Governor, who submits the amendments to the attorney general, before this office may issue an opinion on whether the amendments are consistent with the Constitution and laws of the United States and the Constitution of this state. Once we have received a copy of the resolution of the governing authorities, a copy of the proofs of publication, a letter from the city clerk certifying whether objections were filed under § 21–17–9, and a letter from the governor, we can then issue an opinion pursuant to § 21–17–9 .

For informational purposes, we do not expect to find any conflict between the amendments and the Constitution and laws of the United States and of this state.

If we may be of any further assistance, please let us know.

Sincerely yours,

Mike Moore, Attorney General.

Alice D. Wise, Special Assistant Attorney General.

ATTACHMENT

§ 21–17–9 . Amendment of municipal charter at behest of governing authority.

When a municipality now existing, which has not adopted the code charter or commission form of government, but is governed by another charter, shall desire to amend its charter, the same may be done in this way: the mayor and board of aldermen, city council, or municipal authority, by whatever name known, may prepare, in writing, the desired amendment or amendments and have the same published for three (3) weeks in a legal newspaper published in the municipality, if there be one, and, if none, then by posting for said time in at least three (3) public places therein, after which the proposed amendment or amendments shall be submitted to the Governor, who shall submit the same to the Attorney General for his opinion. The publication of the amendment or amendments may be made as provided in Section 21–17–19 . If the Attorney General is of the opinion that the proposed amendment or amendments are consistent with the Constitution and laws of the United States and the Constitution of this state, the Governor shall approve the proposed amendment or amendments. If, after publication is made, one-tenth (1 / 10) of the qualified electors of the municipality shall protest against the proposed amendments, or any of them, the Governor shall not approve the ones protested against until they shall be submitted to and ratified by a majority of the electors of the municipality voting in a special election. Amendments, when approved by the Governor, shall be recorded, at the expense of the municipality, in the office of the Secretary of State and upon the records of the mayor and board of aldermen, or other governing authorities of the municipality, and when so recorded shall have the force and effect of law. No amendment to the private or special charter of any municipality shall be adopted or approved when such amendment is in conflict with any of the provisions of this title expressly made applicable to municipalities operating under a private or special charter, or is in conflict with the provisions of any other legislation expressly made applicable to any such municipality.

SOURCES: Codes, 1892, § 3039; 1906, § 3444; Hemingway's 1917, § 6004; 1930, § 2625; 1942, § 3374–109; Laws, 1948, ch. 383, § 3; 1950, ch. 491, § 109; 1988, ch. 457, § 3, eff from and after December 8, 1988 (the date of the United States Attorney General interposed no objection to the amendment).

PART I

CHARTER AND ENABLING ACT

CHARTER OF THE CITY OF CLARKSDALE

BE IT REMEMBERED:

That whereas, a proper petition of the qualified electors of the City of Clarksdale, County of Coahoma, State of Mississippi, was duly and properly filed with the mayor and board of aldermen of the said city, praying that an election be ordered by said mayor and board of aldermen to determine whether or not the City of Clarksdale aforesaid should adopt a commission form of government as provided in Chapter 101 of the Laws of Mississippi of 1908, which petition was as follows, to wit:

“To the Mayor and Board of Aldermen of the City of Clarksdale:

“The undersigned qualified voters of the City of Clarksdale hereby petition your Honorable body to order an election to be held in the City of Clarksdale as required by law, to determine whether or not the qualified voters of the City of Clarksdale will elect and determine to adopt a commission form of government as is provided by law, with the following named elective officers to wit: Three commissioners, one of whom shall be voted for and elected as mayor.

“That each of said commissioners shall be required during each day to devote not less than two hours in the service of the City of Clarksdale, and that the salary of each of the said commissioners shall be not exceeding fifty dollars per month, and that each of the said commissioners shall be required to give bond as required by law. Your petitioners pray that said election be ordered and held at as early a date as may be done in compliance with law.”

And whereas, the mayor and board of aldermen of the City of Clarksdale did order an election to determine whether said commission form of government should be adopted, which said election was duly and legally held on the 30th day of August, 1910, and resulted in the adoption by the qualified electors of said City of Clarksdale of the commission form of government for said city, and the said mayor and board of aldermen by resolution did declare the result of said election and declared the adoption of the said commission form of government;

And whereas, the Clerk of the said City of Clarksdale has duly and properly certified to me the result of said election as set forth and declared by resolution of the said mayor and board of aldermen as the law directs, Now therefore, I, Joseph W. Power, Secretary of State, by virtue of the authority and requirements of the said Chapter 108 of the Laws of 1908, do hereby issue this Charter of the City of Clarksdale, signed by the governor, to put into effect the commission form of government under the terms and provisions of the said Chapter 108 of the Laws of 1908, and as set forth in the said petition, election and resolution aforesaid, to wit:

Sec. 1. Commission form of government established.

The City of Clarksdale, County of Coahoma and State of Mississippi, having elected to adopt the commission form of government as provided for by Chapter 108, Laws of Mississippi of 1908, is hereby authorized and empowered to establish the said commission form of government under the terms and provisions of this Charter and the conditions and requirements of said Chapter 108, Laws of 1908.

Sec. 2. Elections; time to be spent at duties; salaries; bonds.

On the first Tuesday after the first Monday of June, 1969, and every four (4) years thereafter until otherwise provided by law, during the life of this Charter, an election shall be held in said city. At said election there shall be elected five (5) commissioners to serve as a governing body, all of whom shall be elected from the municipality at large, without regard to ward lines, and one of whom shall be voted for and elected as mayor. The commissioners elected at any such election shall qualify and enter upon their duties on the first Monday of July after such general election and shall hold their offices for four (4) years and until their successors are duly elected and qualified. Said five (5) commissioners shall elect one of their number to act as mayor pro tem in the case of absence or disability of the mayor. The mayor shall be required to devote at least eight (8) hours of his time during each day, and each other commissioner at least four (4) hours of his time each day, to the discharge of their duties in the service of said city, and all to serve such additional time as is required by a municipal emergency of said city. The salary of the mayor shall be fifteen thousand dollars ($15, 000.00) each year, payable monthly[;] provided[, ] however, that beginning July 1, 1981, and thereafter, the salary of the mayor shall be twenty-eight thousand dollars ($28, 000.00) each year, payable monthly, and said mayor shall be entitled to such fringe benefits as are available to city employees. Each other commissioner shall receive a salary of six thousand dollars ($6, 000.00) per year, payable monthly. Said commissioners shall be required to enter into bond as required by law before beginning the discharge of their duties. Said bonds may be endorsed by legal surety bond companies, or by three (3) or more individuals, or by both bond companies and individuals, and the mayor's bond shall be in the sum of twenty-eight thousand dollars ($28, 000.00), and each other commissioner's bond in the sum of ten thousand dollars ($10, 000.00), and all fees for such bond company endorsements shall be paid by the municipality. The solvency of the bonds signed by individuals shall be certified by a justice of the peace or by a notary public of the municipality. Said bonds shall be conditioned for the faithful discharge of all duties as commissioners, and against malfeasance in office. The bonds shall be approved by the board of mayor and commissioners and filed with the city clerk and by him recorded in any book in his office suitable for such recordation. The governor of the state shall issue a commission to each of the commissioners of election to the effect that said commissioners and mayor have been so elected. (Amend. of 8–2–20; Amend. of 5–9–68; Amend. of 8–12–80)

Sec. 2.1. Nomination and election of commissioners to be by posts.

The commissioners elected in accordance with the amendment to section 2 of the charter of the City of Clarksdale, Mississippi, as amended, shall be nominated at a primary election and elected at the general election by posts to be designated post No. 1 for mayor-commissioner, post No. 2 for commissioner, post No. 3 for commissioner, post No. 4 for commissioner and post No. 5 for commissioner, and all candidates qualifying for nomination in the primary election for election in the general election shall, in qualifying, designate the post for which they qualify. Said five (5) commissioners shall elect one (1) of their number to act as mayor pro tem in case of the absence of the mayor. (Amend. of 11–5–68)

Editor's note—An amendment of November 5, 1968 amended the charter by adding a § 11, renumbered as § 2.1 at the discretion of the editors to maintain Code format.

Sec. 3. Powers, duties of commissioners.

All the powers and duties, rights and privileges heretofore conferred upon and vested in the mayor and board of aldermen of the City of Clarksdale, and of all municipal officers elected by the City of Clarksdale, or elected or appointed by the mayor and board of aldermen of said city, shall be and are hereby declared to be vested in and conferred upon the said commissioners provided for in Section 1 of this Charter, subject to such provisions and restrictions as may be herein contained, or as may be otherwise provided for by law, and in such officers, clerks or subordinates as may be elected or appointed by the said commissioners [to conduct the municipal] affairs of the City of Clarksdale. The said commissioners are hereby also empowered to prescribe the duties and fix the salaries of all such subordinate officers and employees of the said city, provided the same shall be just and in proportion to the time required and the service rendered, and the commissioners shall have the right to discharge any such subordinate officer or employee for good cause and to fill the vacancy by appointment, and to abolish all appointive offices or employments except that of school trustee; or they may consolidate any two of such offices or employments when in their judgment the same may be necessary or advisable.

Sec. 4. Bonds of employees.

All subordinate officers and employees shall give bond to the municipality in such sums as may be required by the commissioners, which bonds shall be in accordance with the duties and responsibilities of the office or employment. If said bonds are given in surety bonds companies the premium shall be paid by the municipality.

Sec. 5. Meetings.

Immediately after entering upon the discharge of their duties, the said commissioners shall meet and formulate a plan of government for the said City of Clarksdale, and hold regular meetings at least once each week to conduct all general municipal business with the times of said meetings to be fixed by ordinance. The mayor, or two (2) commissioners, may by written notice call a special meeting of the board of mayor and commissioners for the transaction of business, and the notice must state the time of the meeting and specify the subject matters of business to be acted upon. It must be signed by the official, or officials, calling the meeting and may be transmitted by mail, or served by any police officer on the members of the board, including the mayor, who have not signed it. Said notice shall be given at least three (3) hours before the time fixed for the meeting; said notice with the indorsements of its service shall be entered on the minutes of the special meeting. All accounts and bills for work and labor and supplies shall be audited, and if found correct, allowed. The commissioner designated as mayor shall preside at all meetings of the commissioners, and in case of a tie on any question the mayor shall cast the deciding vote. At all regular meetings of the commissioners the public shall be allowed to attend and bring before said commissioners any matter and to be heard upon any petition they may desire to bring before the commissioners; and the public or any citizen who may be interested, shall be allowed to be present at any regular meeting of the commissioners at which ordinances may be adopted, or any public matter finally determined upon. The commissioners shall have the power to require the attendance of any officer or employee of the municipality at any meeting if they so desire, and every officer elected by the municipality shall be and is required hereby to attend all regular meetings of the commissioners unless excused by the mayor for good cause. (Amend. of 11–5–68)

Editor's note—Prior to the amendment of Nov. 5, 1968, § 5 had provided that the government be divided into departments headed by commissioners and that the commissioners meet once a week to decide upon matters pertaining to their respective departments. The previous § 5 also provided that commissioners hold a regular meeting on the first Tuesday in each month at which the minutes of the previous month's meeting was to be read, adopted and approved and at which reports of all officers and employees was read and acted upon.

Sec. 6. Functions of mayor, commissioners.

The five (5) commissioners provided for by this charter shall in their collective capacity be vested with all the powers and charged with all the duties conferred by Chapter 99, of the Code of Mississippi of 1906, and all amendments thereto, heretofore or hereafter adopted, upon and in the mayor and commissioners, and shall jointly exercise and perform such powers and duties equally and co-ordinately, and the mayor shall exercise authority and discharge the duties defined in the said chapter 99 of the Code of 1906 and amendments thereto as aforesaid, except as the same may be inconsistent with the provisions of this charter, and except as the same may conflict with the powers, rights and duties conferred by law, or this charter. (Amend. of 11–5–68)

Editor's note—An amendment of Nov. 5, 1968 amended § 6 by changing the reference from 3 to 5 commissioners in the first sentence, by deleting the words “mayor and board of aldermen” for the first sentence and substituting in lieu thereof the words “mayor and commissioners”, and by deleting the requirement that said commissioner supervise and control such of the departments as may be assigned to him, subject to the ratification and revocation of the joint body.

Sec. 7. Removal of officers.

If any subordinate officer or school trustee, or any commissioner, other than the mayor, shall fail or refuse or neglect to discharge any of the duties of his office, or be guilty of malfeasance in office, and the same is reported to the mayor by petition of ten or more qualified electors, it shall be the duty of the mayor at once to order an investigation and trial of the officers, trustee or commissioner and to remove for cause, such official or officials from office, if in the judgment of the said commissioners such officials be deemed by them to be guilty.

Sec. 8. Records.

All offices and all records of the municipality shall be kept in the city hall or places provided by the commissioners for that purpose.

Sec. 9. Franchises.

No grant of a municipal franchise shall be made by the said commissioners until the same shall be ratified and approved by a majority of the qualified electors of the City of Clarksdale voting in an election called for that purpose; and if such franchise be not approved or voted for, by a majority of the qualified electors voting in said election, the said franchise shall not be again submitted to an election in less than six months from the date of the election.

Sec. 10. Amendments.

The Charter may be amended as to the number of commissioners, the time required of each, the amount of salary paid to each, and the bond required of each, and also as to the subordinate officers, by an election to be held for that purpose, at least three months before the regular election for city officers. In any such election held for the purpose of amending this Charter, if such proposed amendment shall receive a majority of the votes cast, the clerk of the city shall certify a copy of the amendment with the result of the election to the governor, who shall thereupon issue his proclamation authorizing the said amendment.

Sec. 11. Procedure for abolishing Charter.

In the event that the said City of Clarksdale shall at any time desire to abolish this Charter and re-establish the municipal form of government as provided by Chapter 99, of the Code of Mississippi of 1906, and the amendments thereto, it may do so with the consent of a majority of the qualified electors of said city voting at an election to be held for that purpose, and to be called on petition of ten per cent of the qualified electors, and conducted in the same manner as provided for the adoption of the commission form of government. If such an election shall result in favor of the proposed change of government, the clerk shall forward to the governor a certified copy of the order for the election and a certified copy of the election returns, and if found to be correct, the governor shall issue his proclamation authorizing the proposed change of government.

By the Governor.

Jos. W. Power, Secretary of State.

Approved Dec. 30, 1910.

E.F. Noel, Governor.

ENABLING ACT

CHAPTER 108

LAWS OF MISSISSIPPI, 1908

H.B. No. 286

An Act to provide for a commission form of government for cities and towns in the State of Mississippi, and for other purposes.

Sec. 1. Commission, form of government for cities, towns, etc.

Be it enacted by the Legislature of the State of Mississippi, That cities and towns in the State may adopt a commission form of government wherein three or five men shall serve as an aldermanic body as set forth in the laws of this State. All members of said commission shall be elected from the municipality at large without regard to ward lines and one of the commission shall be voted for and elected by the people as mayor.

Sec. 2. How municipality may adopt Charter.

Any city or town desiring to adopt a commission form of government shall proceed as follows:

A petition shall be circulated setting forth the number of commissioners desired, the time required of each per day in the service of the municipality, the salary of each per month, the bond to be made by each, and such other officers as it may be desired to elect. Said petition shall be signed by ten per cent or more of the qualified voters and then filed with the mayor and board of aldermen.

Sec. 3. Petition to be filed—election ordered; petition advertised; form of ballot to be used in election.

When such petition is filed, the mayor and the board of aldermen shall order an election to be held at the expiration of three weeks, during which time the petition shall be advertised by being published in a weekly or daily paper, or posted in three conspicuous places in the municipality. The board shall elect three commissioners to hold such election. Said commissioners shall have ballots printed, on which shall be printed a copy of the petition, less the signatures, with the words, “YES” and “NO” at the bottom of the ticket. The election shall be held at the time and place designated by the board and in the manner that other elections are held. The election commissioners shall report the result of the election to the board of aldermen, as soon as the votes are counted, and deliver to them all ballots, tally sheets, and records of the election. Only legally qualified electors shall be allowed to vote, and if a majority of the votes cast shall be for the proposed commission form of government, the board of aldermen shall declare by resolution that the election was carried. If the majority of the votes cast are against the proposition, the board of aldermen shall declare by resolution that the election was lost.

Sec. 4. If election carries, the clerk is to forward information to Secretary of State.

If the election is carried, the clerk shall, at once, forward a certified copy of the resolution and the election returns to the Secretary of State, who shall issue a Charter to the municipality, which shall be signed by the Governor.

Sec. 5. Content of Charter; election of municipal officers authorized; procedure for amendment.

The Charter shall set forth the facts of the original petition, and shall authorize the municipality to elect the officers therein named at the regular elections held for municipal officers. Said Charter may be amended as to the number of commissioners, the time required of each, the amount paid each, and the bond to be made by each, and as to subordinate officers, by an election held for that purpose, at least three months before the regular election for municipal officers. If said election be carried, the clerk shall forward to the Governor a copy of the proposed amendment to the Charter and the Governor shall issue a proclamation authorizing said amendment.

Sec. 6. All powers and duties, etc., of aldermanic bodies are hereby conferred upon all other officers; rights and duties of other officers, etc.

All powers and duties, rights and privileges of the mayor and aldermanic bodies and of all elective municipal officers set forth in the laws of the State of Mississippi are hereby conferred and imposed upon the mayor, upon the commissioners, and upon the subordinate officers, respectively, of the municipality that may adopt the commission form of government. And the additional power is hereby granted the commission to appoint such and all necessary subordinate officers as are not specified in the Charter to be elective, to employ such help as may be necessary to properly conduct the municipal affairs, to prescribe the duties of all subordinate officers, both elective and appointive, and to fix their salaries, and to regulate the same, which in all cases shall be just and in proportion to the value of the time required and the service rendered the municipality, to remove any elective or appointive subordinate officer or school trustee for good cause and to fill the vacancy by appointment; to abolish any appointive office, except that of school trustee, or consolidate two or more when necessity requires.

Subordinate officers failing to discharge duty under this Act guilty of misdemeanor.

If any subordinate officer, and school trustee, or any commissioner, other than the mayor, shall fail, refuse, or neglect to discharge any of the duties of his office, or be guilty of malfeasance in office and the same is reported to the mayor by petition of ten or more qualified voters, it shall be his duty to at once order an investigation and trial of said officer, trustee or commissioner.

Sec. 7. Commissioners to furnish surety bonds.

Each of the commissioners shall furnish surety bond to the municipality in the sum of not less than one thousand dollars ($1, 000.00) as set out in the petition for the Charter. Said bonds may be endorsed by legal surety bond companies, or by three or more individuals, or by both bond companies and individuals. The fees for the bond company endorsements shall be paid by the municipality. The solvency of a bond signed by individuals shall be certified to by a justice of the peace, or a notary public in the municipality. The bond shall be for the faithful and prompt discharge of all duties of the commission and against malfeasance in office. The bonds shall be filed with and accepted by the Governor, who shall immediately, after acceptance, issue a commission to each of the commissioners.

Sec. 8. All subordinate, elected or appointed officers to give bond.

All subordinate elected or appointed officers shall give bond to the municipality in such sum as may be required by the commission, which shall be in accordance with the duties and responsibilities of the office. If said bonds are given in surety bond companies, the premiums shall be paid by the municipality.

Sec. 9. Franchises granted by municipalities to be submitted to an election.

All franchises granted by the commission shall be submitted to the qualified voters of the municipality in an election and shall receive the approval of the majority of the votes cast before becoming effective. If a franchise fails to carry at an election, it shall not be voted upon again in less than six months.

Sec. 10. Where and how records kept.

All officers and all records of the municipality shall be kept in the city hall or regular place provided for that purpose.

Sec. 11. Departments.

The work of the municipality shall be divided into departments with one of the commissioners at the head of each department.

Sec. 12. Meetings of commission.

The commission shall hold regular meetings at least once each week to confer on matters pertaining to different departments, to pass ordinances, and to transact such business as may require their action. There shall also be held a regular meeting on the first Tuesday of each month at which the minutes of the previous month's work and the report of all officers shall be read to the public. All accounts shall be read at this meeting, and if correct shall be allowed. All municipal officers that are elected shall be required to attend this meeting. The public may be heard at this meeting with any petition or matter they wish to bring before the commission.

Sec. 13. Municipality adopting commission form of government may return to former system if majority vote that way.

Should any municipality operating under this chapter desire to abandon the commission form of government and operate under chapter 99 of the code of 1906, it may do so if a majority of the votes cast at an election held for that purpose, shall declare in favor of it, said election to be held at least thirty days before any primary election in which municipal officers are to be voted for and to be called by petition of ten per cent of the qualified electors of the municipality and conducted in the same manner as provided for the adoption of the commission form of government. If said election shall be carried in favor of a change of government the clerk shall forward to the Governor a certified copy of the order for the election, and a certified copy of the election returns, and if found correct the Governor shall issue a proclamation authorizing the proposed change.

Sec. 14. Conflicting laws repealed.

That all laws now in force and in conflict with this bill are hereby repealed.

Sec. 15. Effective date of Act.

That this Act take effect and be in force from and after its passage.

Approved March 21, 1908.

??(missing page 14)??

CHARTER DISPOSITION TABLE
Date of Act	Section	Section this Comp.
Dec. 30, 1910	1–11	Charter §§ 1–11
Aug. 2, 1920		Charter § 2
May 9, 1968		Charter § 2
Nov. 5, 1968		Charter § 2.1, 5, 6
Aug. 12, 1980		Charter § 2

RESOLUTION AND ORDER OF THE BOARD OF MAYOR AND COMMISSIONERS OF THE CITY OF CLARKSDALE, MISSISSIPPI GIVING NOTICE OF ITS INTENT TO AMEND ITS CORPORATE CHARTER AND SETTING FORTH THE PROPOSED AMENDMENTS THERETO

WHEREAS, the City of Clarksdale, Mississippi (the “City”) adopted the commission form of government under the provisions of Chapter 108 of the Law of 1908, and adopted its official Charter, which Charter has been, from time to time, amended as to the number of commissioners, the duties required by each and the compensation to which each was entitled; and

WHEREAS, the Board of Mayor and Commissioners (the “Board”) of the City desires to amend Section 10 of the Charter in compliance with the provisions of Miss.Code Ann. § 21–17–9 (Rev.1988); and

WHEREAS, the Board has prepared, in writing, the desired amendment, as the same is set forth hereinafter, and wishes to proceed with the Charter amendment pursuant to the provisions of statute.

NOW, THEREFORE, BE IT ORDERED, AND RESOLVED by the Board of Mayor and Commissioners of the City of Clarksdale, Mississippi as follows, to-wit:

1. That the City desires, at the behest of its governing authorities, to amend Section 10 of the Charter of the City of Clarksdale, Mississippi by elimination of the existing provisions of Chapter 10, and substituting therefor the following:

SECTION 10. Amendments. The Charter may be amended as to the number of commissioners and the time required of each by an election to be held for that purpose at least three months before the regular election for city officers. In any such election held for the purpose of amending this Charter, if the proposed amendment shall receive a majority of the votes cast, the Clerk of the City shall certify a copy of the amendment with the result of the election to the Governor, who shall issue his proclamation authorizing said amendment.

In all other respects, the Charter may be amended at the behest of the governing authorities of the City in accordance with the provisions of Miss.Code Ann. § 21–17–19 (Rev.1988), as the same now exists or may, from time to time, be amended, or at the behest of the electorate in accordance the provisions of Miss.Code Ann. § 21–17–11 (Rev.1988) as now exists or may, from time to time, be amended.

2. That the Charter shall, in all other respects, remain unaffected and in full force and effect;

3. That the City Clerk be and she is hereby authorized and empowered to publish the proposed amendment for three (3) consecutive weeks in the Clarksdale Press Register, a newspaper published in the City of Clarksdale, Coahoma County, Mississippi and having general circulation therein, and by posting a copy thereof in at least three public places within the City, including, but not limited to (i) City Hall, (ii) the County Courthouse, (iii) the Carnegie Public Library and (iv) such other place or places as the City Clerk may, in her discretion, deem necessary;

4. After the publication and posting of the proposed amendments, unless a protest petition be filed as set forth in said § 21–17–9, the City Clerk shall submit the proposed amendment to the Governor of the State of Mississippi, with the request that he submit the same to the Attorney General of Mississippi for his opinion;

5. In the event of a protest against the proposed amendments, or any of them, by one-tenth (1/10th) of the qualified electors of the City, the City Clerk shall so notify the Governor of Mississippi, and the Board shall make a determination as to whether a special election shall be held as provided in § 21–17–9, or whether the proposed amendments be withdrawn;

6. In the event that the proposed amendment shall be approved by the Attorney General of Mississippi and by the Governor of Mississippi, the City Clerk is authorized and empowered to record the same in the office of the Secretary of State and upon the records of the City, and when so recorded, the same shall have the force and effect of law; and

7. That the Clerk be and she is hereby authorized and empowered to take such other and further actions as are required by the laws of the State of Mississippi to effectuate the amendment of the Charter of the City of Clarksdale in accordance with the provisions hereof.

SO ORDERED AND RESOLVED on this, the ______ day of November, 1993.

BOARD OF MAYOR AND COMMISSIONERS OF THE CITY OF CLARKSDALE, MISSISSIPPI

By: HENRY W. ESPY, Mayor

ATTEST:

SYLVIA H. BURTON, City Clerk

G. CRAIG GADDY

Commissioner, Ward 1

GRADY PALMER

Commissioner, Ward 2

JAMES HICKS

Commissioner, Ward 3

EDWARD SEALS

Commissioner, Ward 4

The above and foregoing Order and Resolution having been first reduced to writing, was circulated and discussed, whereupon, Commissioner ____________________ moved the adoption thereof, which motion was seconded by Commissioner ______________________. The City Clerk conducted a roll call vote and the Commissioners voted as follows:

Commissioner G. Craig Gaddy, Ward 1, voted “Aye”

Commissioner Grady Palmer, Ward 2, voted “Aye”

Commissioner James Hicks, Ward 3, voted “Aye”

Commissioner Edward Seals, Ward 4, voted “Aye”

Whereupon the Mayor declared said Order, and Resolution to be duly adopted.

CERTIFICATE

I, SYLVIA H. BURTON, the duly appointed, qualified and acting City Clerk of the City of Clarksdale, Mississippi, do certify that the above and foregoing is a true and correct copy of that certain Order and Resolution unanimously adopted by the Board of Mayor and Commissioners of the City of Clarksdale, Mississippi at its regular Monday, November _____, 1993 meeting, as the same appears in the official minutes of the City of Clarksdale, Mississippi.

WITNESS my hand and official seal on this, the _____ day of November, 1993.

SYLVIA H. BURTON

City Clerk

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Notes:

Editor's note—The Charter set out herein is the Charter approved December 30, 1910, as amended. The amendments have been worked into the appropriate sections by the editors, as is indicated by the history note following each section that has been amended. The section numbers have been retained but to facilitate usage catchlines have been added to the sections, indicating the contents thereof. Bracketed portions have been inserted by the editors where necessary for clarity.

Editor's note—The editors have inserted the catchlines, to reflect the content of the sections. 1994 WL 241082 (Miss.A.G.)

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