Mississippi Advisory Opinions March 14, 1991: 19910314 (March 14, 1991)

Advisory Opinion Text

Honorable George E. Guerieri

State Senator

Desoto County

P. O. Drawer 265

Southaven, MS 38671

Re: Merger of Southaven and Horn Lake

Dear Senator Guerieri:

Attorney General Mike Moore has received your letter of February 26, 1991, and has referred it to me to answer. Your letter states:

The citizens of Southaven, Mississippi, and Horn Lake, Mississippi, are considering seeking local referenda on the question of these two cities merging into one city.

Is there any authority under the State Constitution, at present, to do this? Is there any other authority under which this can be done?

If not, in your opinion, what steps would be necessary at both the state and local levels to accomplish a merger of these two cities?

Miss. Code Ann. § 21-1-43 provides authority for cities or towns which are adjacent or situated sufficiently near to each other to merge and sets forth the procedures for merger:

Any two or more cities or towns being adjacent or situated sufficiently near to each other may combine into and become one municipality in the same manner as if provided for the enlargement or contraction of municipal boundaries. It shall be necessary for the governing authorities of each municipality to adopt the ordinance with regard thereto in the same manner as if provided in section 21-1-27 with regard to the enlargement or contraction of municipal boundaries. It shall also be necessary that such municipal authorities shall file a joint petition in the proper chancery court, and thereafter proceedings shall be had in the same manner as if provided in cases of enlargement or contraction of municipal boundaries. The ordinance and the petition filed with the chancery court shall state the name that shall be given to the municipality to be formed. In the event of the consolidation of two or more municipalities into one as herein provided, the decree of the chancellor shall correctly classify the municipality so formed in accordance with the facts, based upon the total population of all of such municipalities as shown by the latest available federal census. When said consolidation shall have become final and operative, all of such municipalities shall be merged into one under the name set forth in the ordinances adopted by the governing authorities of the municipalities so consolidated. The governing authorities of all the municipalities so consolidated shall become members of the governing authority of the municipality so formed until the next regular election, when the proper number of members of the governing authority shall be elected as provided by law, and the mayor or chief executive officer of the largest municipality, according to population, shall become the mayor or chief executive officer of the municipality so formed. The assessments and levies for ad valorem taxation in force at the time of the consolidation of such municipalities for the territory of each municipality shall be the assessment and levy upon which taxes shall be collected for the then current fiscal year, but in all other respects the existing laws and ordinances of the largest municipality, according to population, shall be operative throughout the enlarged limits.

Nothing in this section shall authorize the combination of two or more villages unless such villages shall have a combined population of five hundred or more, according to the latest available federal census.

This office is of the opinion that the governing authorities of the cities of Southaven and Horn Lake may conduct local elections on the question of whether Southaven and Horn Lake should merge pursuant to Miss. Code Ann. § 21-17-5 provided the governing authorities of these cities determine appropriation of public monies for such purposes is in the cities' best interest. See attached prior opinions to Walter Brown dated October 16, 1989 (Home Rule allows cities to conduct non-binding elections to determine the will of the electorate in some circumstances); and Rush Clements dated August 3, 1990 (counties).

We are further of the opinion that § 21-1-43 provides authority for the cities of Southaven and Horn Lake to merge into one city if the governing authorities of each city adopt the appropriate ordinances and follow the procedures in § 21-1-43.

Sincerely,

Alice DeCell Wise Special Assistant Attorney General.