Any municipality not now operating under a "Code Charter" may acquire such charter and come under the provisions of this chapter by a majority vote of the electors therein, cast at a general or special election held for such purpose. At such election, the propositions to be voted on shall be "FOR THE CODE CHARTER" and "AGAINST THE CODE CHARTER." If a majority of the legal votes cast are in favor of adopting the code charter, then the municipality shall be subject to and governed by all the following provisions of this chapter, and the result of the election shall be certified to the secretary of state, who shall make a record of same in his office. If a majority of the votes cast shall be against the code charter, the municipal authorities shall so enter of record, and another election submitting the question shall not be held within four years thereafter. After the rejection of the provisions of the code charter by a municipality, and until its acceptance thereof as herein provided, the corporate powers, rights and franchises thereof shall be and remain as now provided by law.
Codes, 1942, § 3374-34; Laws, 1950, ch. 491, § 34, eff. 7/1/1950.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1978–2023 · leading case:
Myers v. City of McComb, 943 So. 2d 1 (Miss. 2006).
Myers v. City of McComb, 943 So. 2d 1 (Miss. 2006).
· cites it 2× “Section 21-3-1 et seq. (Code Charters); (2) Miss.”
Callahan v. State, 419 So. 2d 165 (Miss. 1982).
“[Code, § 21-3-1, et seq. (1972)]. The governing body of the town consisted of a mayor and five aldermen, all elected.”
Jordan v. Smith, 669 So. 2d 752 (Miss. 1996).
· cites it 2× “Code Ann. § 21-8-1 et seq. (1972) (Mayor/Council); and Miss.”
Kirksey v. City of Jackson, Miss., 461 F. Supp. 1282 (S.D. Miss. 1978).
· cites it 2× “State Policy Concerning At-Large Districting of City Governments A tenuous state policy in favor of at-large districting may constitute evidence that other, improper motivations lay behind the enactment or maintenance of the plan, and the' absence of a significant and legitimate…”
Scott v. Stater, 707 So. 2d 182 (Miss. 1997).
· cites it 2× “The City of Canton operates as provided in Miss. Code Ann. § 21-3-1 et seq. (1990). In Canton, the governing authorities consist of a mayor and seven aldermen.”
Canton Branch, Nat'l Ass'n for the Advancement of Colored People v. City of Canton, 472 F. Supp. 859 (S.D. Miss. 1979).
· cites it 2× “The City of Canton is a code charter municipality as provided in Miss. Code Ann. § 21-3-1 (1972). The form of government which this authority requires can vary according to the population of the municipality, and according to the 1960 census Canton had a total population of…”
Ann Saunders, Sabreen Sharrief, & Dorothy Triplett v. State of Mississippi; State of Mississippi, ex rel. Tate Reeves, In His Off. Capacity as Governor of Mississippi; State of Mississippi, ex rel. Lynn Fitch, In Her Off. Capacity as Attorney Gen. of Mississippi; Honorable Michael K. Randolph, In His Off. Capacity as Chief Just. of The Mississippi Supreme Court; Zack Wallace, In His Off. Capacity as Circuit Clerk of the Circuit Court of Hinds Cnty., Mississippi; & Greg Snowden, In His Off. Capacity as Dir. of the Admin. Off. of Courts (Miss. 2023).
· cites it 2× “See Miss. Code Ann. § 21-3-1 (Rev. 2015). Its one and only judge is not appointed by the governing authorities of a municipality.”
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