Mississippi Advisory Opinions January 21, 1986: 19860121 (January 21, 1986)

Advisory Opinion Text

Mr. Raymond L. Brown

3112 Canty Street

P.O. Box 787

Pascagoula, MS 39567

Dear Mr. Brown:

Attorney General Pittman has received your letter of request and has assigned it to me for research and reply. Your letter states:

“Recently, an unsuccessful School Bond Election was held in the Pascagoula Municipal Separate School District. Following the election, the school district was called upon by the City of Pascagoula to pay the cost of holding the election.

Based in part upon what appears to be the opinion of your office, as expressed in your September 26, 1984 letter to the mayor of the City of Hazlehurst, the School Board is concerned about the legality of paying to the City of Pascagoula the cost of the election.

In addressing this issue, it should be noted that if the Pascagoula Municipal Separate School District is not authorized to pay the City for the cost of the School Bond Election, then the cost of the election will have been borne by citizens of the City of Pascagoula, although the Pascagoula Municipal Separate School District extends well beyond the city limits of the city of Pascagoula and includes many residents who live outside the City of Pascagoula, except school taxes.

The Pascagoula Municipal Separate School District would appreciate a clarification on this issue.”

Attached herewith is the opinion issued by this office to the Mayor of the City of Hazlehurst, dated September 26, 1984, regarding payment of costs associated with school bond elections. That opinion concludes that the county or municipal governing authority has the burden of paying all expenses in connection with school bond elections. Also attached is an opinion issued by this office, dated December 28, 1981, which recognizes that said costs may be reimbursed to the county or municipality from the proceeds generated by the sale of school bonds.

An extensive examination of the Mississippi Code revealed no authority to the contrary. Therefore, the opinion of this office, as stated in the above-referenced material, remains that the cost of school bond elections held pursuant to Miss. Code Ann. § 37-59-11 (1972) must be borne by the county or municipal governing authority, subject to reimbursement from bond proceeds.

If this office can be of further assistance, please contact me.

Very truly yours,

Edwin Lloyd Pittman Attorney General.