Mississippi Advisory Opinions May 20, 1982: 19820520 (May 20, 1982)

Advisory Opinion Text

Mr. Roy D. Campbell, III

Attorney

Greenville Municipal Separate School District

Post Office Box 1856

Greenville, Mississippi 38701

Re: Schools—Annexation of Territory by the Municipality

Dear Mr. Campbell:

Attorney General Allain has received your letter of request dated May 19, 1982, and has assigned it to me for research and reply. Your inquiry states as follows:

As attorney for the Board of Trustees of the Greenville Municipal Separate School District, I am writing to request your opinion concerning the application of Miss. Code Ann. § 21-1-59 (1972), as amended.

The Greenville City Council presently has an annexation plan under consideration which, if adopted, would expand the present municipality boundary lines into an adjoining county school district, Western Line School District.

I understand that, pursuant to Miss. Code Ann. § 37-7-611 (1972), in the event that annexation ordinance is adopted by the Greenville City Council, that expansion of the municipality's corporate limits will automatically effect a merger of that portion of the Western Line School District which is included within the newly expanded corporate limits of Greenville, and that portion of Western Line will become a part of the Greenville Municipal Separate School District. By its terms that merger appears to be both mandatory and automatic.

However, my research indicates that in 1978, the Mississippi legislature amended Miss. Code Ann. § 21-1-59 (1972) and added to the initial two paragraphs of that section an additional two paragraphs. That 1978 amendment appears to be a local and private bill, applicable only to Jones County, but it does purport to modify the automatic merger contemplated by § 37-7-611, where a referendum is held and a majority of those qualified voters who cast votes at that referendum disapprove the ordinance.

Assuming the constitutionality of that 1978 amendment, my question is this: Does paragraph four of § 21-1-59, as amended in 1978, apply state-wide or is it limited in application to only Jones County?

I would appreciate your office telephoning me after you have had an opportunity to consider this question, but prior to rendering a written opinion.

I certainly appreciate your anticipated cooperation and invite you to contact me if you have any questions.

Mississippi Code Ann. § 37-7-611 (1972) provides in part as follows:

Where the corporate limits of any municipality which constitutes a municipal separate school district, either with or without added territory, are extended so as to include the whole or any part of an existing adjacent school district in the county school system or municipal separate district, then such adjacent school district, or such part thereof as is included within the corporate limits of the municipality by reason of the extension thereof, shall thereby automatically be merged with and become a part of such municipal separate school district.

Section 21-1-59 (Supp. 1981) provides in part the following:

Provided further, that any future changes in the boundaries of a presently existing municipality which extends into or further extends into a county other than the county in which the municipality's principal office is located shall not affect the public school district located in the annexed area, unless and until consent thereto shall have first been obtained in writing from the board of trustees of the school district proposed to be partially or wholly included in the change of municipal boundaries. Provided further, that any change in the boundaries of a presently existing municipality of any Class 1 county having two (2) judicial districts, being traversed by U.S. Highway 11 which intersects U.S. Highway 84, shall not affect the public school district located in the annexed area and shall not change the governmental unit to which the school taxes are paid, unless approved by referendum as hereinafter provided.

In the event that twenty percent (20%) of the registered voters residing within the area to be annexed by a municipality for a referendum on the question of inclusion in the municipal school district within sixty (60) days of public notice of the adoption of such ordinance, such notice given in the same manner and for the same length of time as is provided in section 21-1-15 with regard to the creation of municipal corporations, the governing body of the county in which the area to be annexed is located shall hold a referendum of all registered voters residing within the area to be annexed on the question of inclusion in the municipal school district. Approval of the ordinance shall be made by a majority vote of the qualified electors voting in said referendum to be held within ninety (90) days from the date of filing and certification of the petition provided for herein on the question of such extension or contraction. The referendum shall be held in the same manner as are other county elections.

In construing statutes, all statutes in pari materia are taken into consideration, and, although apparently conflicting, they should be construed in harmony insofar as it is possible to do so and effect should be given to each statute. Lamar County School Board of Lamar County v. Saul , 359 So.2d 350 (Miss. 1978); Life and Casualty Insurance Company v. Walters , 180 Miss. 384, 177 So. 47 (1937). When the above-mentioned statutes are read together and effect is given to each, it appears the legislative intent was to allow a municipal separate school district to include automatically in its boundaries all new territory annexed by the existing municipality when that territory is within the county where the municipality's principal office lies. However, when the annexed territory lies in a county other than the county where the municipality's principal office lies, then the written consent of the board of trustees of the school district which territory is being annexed must be obtained.

Your specific question is whether an election called by 20 percent of the registered voters residing in the area to be annexed as provided for in § 21-1-59 is applicable statewide or limited just to changes in the boundaries of existing municipalities of any Class 1 county having judicial districts and being traversed by U.S. Highway 11 which intersects U.S. Highway 84. The legislative intent as described in the head notes of 1978 General Laws of Mississippi, ch. 312, is as follows:

AN ACT to amend Section 21-1-59, Mississippi Code of 1972, to provide for a referendum for municipalities in certain counties to determine whether a municipal expansion shall affect the public school system in an annexed area; and for related purposes. (Emphasis supplied.)

Thus, the Legislature expressed an intent to limit the referendum only to certain counties as designated in the amendment.

Therefore, it is our opinion that the referendum proposed in § 21-1-59 is applicable only to changes in the boundaries of a presently existing municipality of any Class I county having two judicial districts and being traversed by U.S. Highway 11 which intersects U.S. Highway 4 and is not applicable to the state as a whole.

If this office can be of benefit in the future, please do not hesitate to contact us.

Sincerely,

Bill Allain Attorney General.