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1991 Mississippi Attorney General Reports and Opinions 2406 (1991)

handle is hein.sag/sagms0012 and id is 1 raw text is: STATE OF MISSISSIPPI MIKE MOORE OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL OFFICIAL ATTORNEY GENERAL'S OPINION August 21, 1991 Mr. David Brisolara Administrative Assistant City of Starkville City Hall, Lampkin Street Starkville, Mississippi 39759 RE: FIRE PROTECTION DISTRICTS Attorney General Mike Moore has received your recent letter and assigned it to me for reply. Your letter states the following matter for consideration: Assume that an area outside of and adjoining a municipality petitions that municipality to establish it as a separate and distinct fire district as outlined in Miss. Code 1972 Ann., Section 21-25-21, et seq., and that the municipality agrees and duly establishes such a district. The new district is not an extension of the municipal district as possibly may be allowed by Section 21-25-29. The intent of these petitioners and the municipality is to enter into a contract so that the municipality will provide fire protection to the newly established district and this is made clear in the ordinance to establish the district. The new district no longer desires or needs any fire protection assistance from any source other than the municipality. Under the above described circumstances does the county board of supervisors retain the authority to levy ad valorem taxes as authorized in Section 83-1-39 of the Code in this newly established area? If the county boards does retain such authority must it remit all, or at least the necessary amount of, the proceeds of such a levy 'from within the district back to that district so that it may apply them to the contract cost the district incurs with the municipality? OFFICE OF THE ATTORNEY GENERAL STATE OF MISSISSIPPI Digitized from Best Copy Available

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