As Amended
SEC. 19-5-153. Petition for incorporation; adoption of resolution of intent to incorporate.
(1) A petition for the incorporation of such a district may be submitted to the board of supervisors of such county, signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. Such petition shall include: (1) a statement of the necessity for the service or services to be supplied by the proposed district; (2) the proposed corporate name for the district; (3) the proposed boundaries of the district; (4) an estimate of the cost of the acquisition or construction of the facilities to be operated by the district, which estimate, however, shall not serve as a limitation upon the financing of improvements or extensions to the facilities; (5) a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in section 19-5-189, Mississippi Code of 1972; and (6) a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in section 19-5-191, Mississippi Code of 1972. Such petition shall be signed in person by the petitioners, with their respective residence addresses, and shall be accompanied by a sworn statement of the person or persons circulating the petition, who shall state under oath that he or they witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of his or their knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed district. No individual tract of land containing one hundred sixty (160) acres or more shall be included in any such district unless the owner or owners of said tract is a signer under oath of the petition for the incorporation of such district.
The board of supervisors of a county, in its discretion, may initiate the incorporation of a district under the provisions of sections 19-5-151 to 19-5-207 by resolution of said board and presentation of a petition signed by at least twenty-five (25) property owners of the area to be incorporated if at least forty (40) property owners reside within the district. Provided, however, no individual tract of land containing one hundred sixty (160) acres or more shall be included in any such district unless the owner or owners of said tract gives his written consent for the inclusion of his lands in such district.
(2) With respect to the incorporation and operation of a fire protection district pursuant to sections 19-5-151 through 19-5-207, the word "owners" shall include any lessees of real property of a water supply district the term of whose original lease is not less than sixty (60) years and shall also include sublessees if the original lease of which they are subletting is not less than sixty (60) years.
SOURCES: Codes, 1942, Sec. 2998.7-21; Laws, 1972, ch. 536, Sec. 1; 1973, ch. 493, Sec. 1; 1983, ch. 419, eff from and after passage (approved March 29, 1983).