Where does the flow go? Does the City have to provide utilities for annexed areas?

Brookhaven Aldermen heard concerns from a citizen Tuesday over what he called “taxation without representation.”

“Seventeen years ago, without my consent, I was annexed into the City,” said Tony Laird, who lives on Hwy. 51 N.

Laird says now he has property in the city limits, but no “say-so.”

“I’ve received nothing except a high tax bill,” Laird told Mayor Joe Cox and the Board. “How long does the City have before it has to render services to its citizens? Do I have a right to have water and sewer, and fire protection?”

Laird said if he were to put a trailer park on his little narrow lot, “I bet I’d get a lot of hollerin’,” but no one was hollering now about his lack of services. “It’s like taxation without representation — Anybody got any answers?”

Mayor Cox responded that Laird was welcome to express his concerns, but it was not a question-and-answer session.

“OK. How do I get those answers?” Laird asked. “Do I need to hire an attorney?”

Laird said he understood the City was working to extend sewer and water services north on the highway, but he has already had to run his own sewer lines.

WGK engineer Mike McKenzie responded that the City is currently looking at two options to extend services — one being a gravity line that will be cheaper in the long run but a higher up-front cost; and the other being a low-pressure pump option that will be cheaper up-front but more expensive in the long run.

“I don’t care what it costs, because nobody asked me if I wanted to be in the City,” Laird said. “It’s not a fair situation … I’m not asking for anything unreasonable (or) that I’m not paying for.”

Ward 4 Alderman Jeff Henning said Laird should understand that while the Board is looking at the problem and seeing what has to be done, it would take more time. “It is not going to happen tomorrow.”

“I understand,” said Laird. “I believe there’s a state statute on this.”

Board attorney Bobby Moak said he would talk with Laird later about legalities.

“I appreciate it,” Laird said.

Current Mississippi law states that a municipality may provide public services in an annexed territory [ Miss. Code § 21-1-27 ], generally if economically feasible.

Water and sewer are fee-based services, and by law must be completely self-sustaining. Any property owner or resident who does not receive those services is not paying for them, and vice-versa — any property owner or resident who does not pay for those services does not receive them.

The City annexed areas to the north, south and east of its existing limits in 2007.

In other business, the Board:

• Approved a 10-year anniversary pay increase for firefighter Chris Hester from $42,000 to $45,000, retroactive to July 7, 2024.
• Approved a five-year service increase for Robert Henderson, Street Department, from $14.56 to $15.56 hourly.
• Approved to hire Jakobe Kelly as a laborer in the Water Department at $10.55 per hour, pending drug test and physical.
• Approved the amended Subdivision Ordinance …
• Approved an ordinance prohibiting use of all-terrain vehicles within the city limits …
• Approved pay request no. 1 from Mitchell Contracting in the amount of $29,355 for work completed on the Ellen Dive Storm Drain Lining Project.
• Approved pay request no. 1 from Greenbriar Digging in the amount of $532,468.94 for work completed on the 2024 MCWI/ARPA-Contract 1 Water System Improvements Project, extending water line bore across Hwy. 84 and Hwy. 51 to the Waste Water Treatment Plant.
• Received the June 2024 Fire Department report showing 17 runs in the city and three runs outside city limits.

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