Bates, 022784 MSAGO, 19840227

• Case Date: February 27, 1984
• Court: Mississippi

Honorable Gary L. Bates No. 19840227 Mississippi Attorney General Opinions February 27, 1984          Honorable Gary L. Bates          Marble, Chittom & Bates          6055 Highway 18          Jackson, Mississippi 39209-9631          RE: Municipal Officers—Municipal Employees           Dear Mr. Bates:          Attorney General Edwin Lloyd Pittman has received your letter and assigned it to me for research and reply.          Your letter states:

“....Section 17-1-11 of the Mississippi Code provides in part that a Municipality may create a planning commission. This Section does not state how long they are to serve nor does it state how they are to be created. The City of Terry has a commission that was appointed by the Mayor. Is it proper to have the Mayor appoint the Commission? What is your opinion on the term of the members?....”

         Section 17-1-11 is one of several Code sections within Chapter 1 of Title 17 which regulates the exercise of zoning and planning powers by municipalities and counties. Section 17-1-11 provides in part:          Section 17-1-11. Official plan; local planning commission:

(1) The governing authority of each municipality and county may provide for the preparation, adoption, amendment, extension and carrying out of an official plan, in whole or in part, for the purpose of bringing about coordinated physical development in accordance with present and future needs and may create, independently or jointly, a local planning commission to serve without pay, with authority to prepare and propose (a) a master plan of physical development of the municipality or county, or part thereof; (b) a proposed zoning ordinance and map; (c) regulations governing subdivisions of land; (d) building or set back lines on roads and highways; and (e) recommendations from time to time to the governing authorities of each municipality or county with regard to the enforcement of and amendments to the proposals of the planning commission and resolutions or zoning ordinances of such authorities. (2) The governing authority of each municipality and county may adopt, amend and enforce the proposal of the local planning commission, in whole or in part, after a public hearing thereon as provided by section 17-1-15. (3) In the performance of its duties, the local planning commission may cooperate with, contract with, or accept funds from

...