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To: Marine Resources; Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Fondren

HOUSE BILL NO. 1062

AN ACT TO AMEND SECTION 29-1-107, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE A LEASE FROM THE STATE THROUGH THE SECRETARY OF STATE 2
FOR ANY USE OF THE PUBLIC TRUST TIDELANDS FOR ANY USE BY A GAMING 3
OPERATION; TO CLARIFY THAT A GAMING USE IS SEPARATE FROM 4
COMMERCIAL USE; TO CLARIFY THAT THE PUBLIC TRUST TIDELANDS LEASE 5
NEEDED TO MOVEON SHORE AND PAY THE STATUTORY ASSESSMENT IS A LEASE 6
WITH THE STATE OR THE STATE PORT AT GULFPORT FOR A GAMING 7
OPERATION; TO AMEND SECTION 29-15-1, MISSISSIPPI CODE OF 1972, TO 8
PROVIDE CERTAIN DEFINITIONS; TO CREATE NEW SECTION 29-15-1.1, 9
MISSISSIPPI CODE OF 1972, TO PROVIDE THE LEGISLATIVE INTENT 10
REGARDING THE STATE CONTROL OF THE PUBLIC TRUST TIDELANDS; TO 11
CREATE NEW SECTION 29-15-2, MISSISSIPPI CODE OF 1972, TO PROVIDE 12
THAT MANAGEMENT AND ADMINISTRATIVE CONTROL AND AUTHORITY OF THE 13
PUBLIC TRUST TIDELANDS SHALL BE GIVEN TO THE SECRETARY OF STATE; 14
TO PROVIDE THAT A PUBLIC TRUST TIDELANDS LEASE WITH THE STATE 15
THROUGH THE SECRETARY OF STATE IS REQUIRED FOR USE OF THE PUBLIC 16
TRUST TIDELANDS, INCLUDING THOSE BY STATE AGENCIES AND POLITICAL 17
SUBDIVISIONS; TO PROVIDE THAT THE USE OF PUBLIC TRUST TIDELANDS 18
FOR ANY GAMING PURPOSE REQUIRES A PUBLIC TRUST TIDELANDS LEASE 19
FROM THE STATE; TO AMEND SECTION 29-15-3, MISSISSIPPI CODE OF 20
1972, TO CONFORM; TO AMEND SECTION 29-15-5, MISSISSIPPI CODE OF 21
1972, TO PROVIDE THAT ALL EXISTING AND PROPOSED USES OF OR 22
PROJECTS ON PUBLIC TRUST TIDELANDS BY ANY COMMERCIAL ACTIVITY 23
SHALL REQUIRE A PUBLIC TRUST TIDELANDS LEASE FROM THE STATE 24
THROUGH THE SECRETARY OF STATE; TO AMEND SECTION 29-15-9, 25
MISSISSIPPI CODE OF 1972, TO ALLOW ADMINISTRATIVE COSTS LEGAL FEES 26
AND LOST AD VALOREM TAXES, WITH LEGISLATIVE APPROVAL, TO BE PAID 27
OUT OF THE PUBLIC TRUST TIDELANDS FUND; TO AMEND SECTION 29-15-10, 28
MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 29-15-13, 29
MISSISSIPPI CODE OF 1972, TO CLARIFY THE NEED FOR A PUBLIC TRUST 30
TIDELANDS LEASE EVEN IF PUBLIC USE OR PROJECT IS EXEMPT FROM 31
RENTAL OR LEASE FEES; TO AMEND SECTION 59-15-1, MISSISSIPPI CODE 32
OF 1972, TO CLARIFY THE STATE LEGISLATIVE INTENT THAT USE OF THE 33
TIDELANDS FOR MUNICIPAL HARBORS REQUIRES A PUBLIC TRUST TIDELANDS 34
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LEASE WITH THE STATE THROUGH THE SECRETARY OF STATE; TO AMEND 35
SECTIONS 21-17-1, 57-7-1, 59-7-405 AND 7-11-11, MISSISSIPPI CODE 36
OF 1972, TO CONFORM; TO AMEND SECTIONS 87-1-5, 97-33-1, 97-33-7, 37
97-33-17, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 1972, TO 38
CLARIFY THE DESCRIPTION OF CERTAIN STRUCTURES RELATED TO GAMING; 39
TO BRING FORWARD SECTIONS 29-15-7, 29-15-11, 29-15-15, 29-15-17, 40
29-15-19, 29-15-21 AND 29-15-23, MISSISSIPPI CODE OF 1972, WHICH 41
PROVIDE FOR THE PUBLIC TRUST TIDELANDS, FOR THE PURPOSE OF 42
POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 59-15-3, 59-15-5, 43
59-15-7, 59-15-9, 59-15-11, 59-15-13, 59-15-15, 59-15-17 AND 44
59-15-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR SMALL CRAFT 45
HARBORS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD 46
SECTIONS 59-7-1, 59-7-3, 59-7-5, 59-7-7, 59-7-9, 59-7-11, 59-7-13, 47
59-7-15, 59-7-17, 59-7-19, 59-7-21, 59-7-101, 59-7-103, 59-7-105, 48
59-7-107, 59-7-109, 59-7-111, 59-7-113, 59-7-115, 59-7-117, 49
59-7-119, 59-7-121, 59-7-123, 59-7-125, 59-7-127, 59-7-129, 50
59-7-131, 59-7-201, 59-7-203, 59-7-205, 59-7-207, 59-7-209, 51
59-7-211, 59-7-213, 59-7-301, 59-7-303, 59-7-305, 59-7-307, 52
59-7-309, 59-7-311, 59-7-313, 59-7-315, 59-7-317, 59-7-319, 53
59-7-321, 59-7-323, 59-7-401, 59-7-403, 59-7-407, 59-7-408, 54
59-7-409, 59-7-411, 59-7-413, 59-7-415, 59-7-417, 59-7-419, 55
59-7-421, 59-7-423, 59-7-425, 59-7-427, 59-7-429, 59-7-451, 56
59-7-453, 59-7-455, 59-7-501, 59-7-503, 59-7-505, 59-7-507, 57
59-7-509, 59-7-511, 59-7-513, 59-7-515, 59-7-517 AND 59-7-519, 58
MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR COUNTY AND MUNICIPAL 59
HARBORS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD 60
SECTIONS 65-33-1, 65-33-3, 65-33-5, 65-33-7, 65-33-9, 65-33-11, 61
65-33-13, 65-33-15, 65-33-17, 65-33-19, 65-33-21, 65-33-23, 62
65-33-25, 65-33-27, 65-33-29, 65-33-31, 65-33-33, 65-33-35, 63
65-33-37, 65-33-39, 65-33-41, 65-33-43, 65-33-45, 65-33-47, 64
65-33-49, 65-33-51, 65-33-53, 65-33-55, 65-33-57, 65-33-59, 65
65-33-61, 65-33-63, 65-33-65, 65-33-67, 65-33-69 AND 65-33-71, 66
MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR SEA WALLS, FOR THE 67
PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 68
29-1-105, 53-3-41, 53-3-75, 55-7-13, 55-7-15, 55-7-21, 55-24-9, 69
59-3-1, 59-5-11, 59-9-19, 59-17-13, 61-3-15, 79-21-53, 27-31-39, 70
29-7-3, 39-7-3, 39-7-9, 49-15-301, 49-15-304, 49-27-4, 49-27-5, 71
49-27-71, 57-15-5, 59-1-17, 59-9-21 AND 59-9-67, MISSISSIPPI CODE 72
OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED 73
PURPOSES. 74
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 75
SECTION 1. Section 29-1-107, Mississippi Code of 1972, is 76
amended as follows: 77
29-1-107. (1) The Secretary of State with the approval of 78
the Governor shall, as far as practicable, rent or lease all lands 79
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belonging to the state, except as otherwise provided by law for a 80
period of not exceeding one (1) year, and account for the rents 81
therefrom in the same manner as money received from the sale of 82
state lands, provided that no state land shall be rented or leased 83
to individuals, corporations, partnerships, or association of 84
persons for hunting or fishing purposes. Property belonging to 85
the state in municipalities, even though it may have been 86
subdivided into lots, blocks, divisions, or otherwise escheated or 87
was sold to the state by such description, may likewise be leased 88
or rented by the Secretary of State under the terms provided above 89
for other state lands, and the rents accounted for in the same 90
manner. The state shall have all the liens, rights and remedies 91
accorded to landlords in Sections 89-7-1 through 89-7-125; said 92
leases and rental contracts shall automatically terminate on the 93
date provided in said leases or contracts. A person possessing a 94
gaming license under the Mississippi Gaming Control Act or who 95
wishes to seek a gaming license under the Mississippi Gaming 96
Control Act and who further uses or wishes to use public trust 97
tidelands as part of its proposed gaming project shall be required 98
to obtain a tidelands lease from the Secretary of State 99
notwithstanding any statute, law or other provision providing 100
other authority to municipalities and counties to use the public 101
trust tidelands, and such lease may be conditioned upon the 102
licensee obtaining such other necessary and required approvals. 103
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(2) (a) The Secretary of State, with the approval of the 104
Governor, may rent or lease surface lands, tidelands or submerged 105
lands owned or controlled by the State of Mississippi lying in or 106
adjacent to the Mississippi Sound or Gulf of Mexico or streams 107
emptying therein, for a period not exceeding forty (40) years for 108
rental payable to the state annually. However, the term of any 109
lease of state public trust tidelands to a person possessing a 110
license under the Mississippi Gaming Control Act shall be governed 111
by the provisions of subsection (4) of this section. 112
(b) The lessee under such agreement may construct such 113
necessary items for marking channels, docking, wharfing, mooring 114
or fleeting vessels which shall be in aid of navigation and not 115
obstructions thereto. 116
(c) A lessee of record may be given the option to renew 117
for an additional period not to exceed twenty-five (25) years; 118
however, the term of a renewal for a lease of state public trust 119
tidelands to a person possessing a gaming license under the 120
Mississippi Gaming Control Act shall be governed by the provisions 121
of subsection (4) of this section. The holder of a lease of 122
Public Trust Tidelands, at the expiration thereof, shall have a 123
prior right, exclusive of all other persons, to re-lease as may be 124
agreed upon between the holder of the lease and the Secretary of 125
State. 126
(d) Leases shall provide for review and rent 127
adjustments at each fifth anniversary tied either to the All Urban 128
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Consumer Price Index-All Items (CPI) or to an appraisal which 129
deducts the value of any improvements by the lessee which 130
substantially enhance the value of the land. In the case where 131
the initial rental was based on the value set by the ad valorem 132
tax rolls, then the rent review and adjustment clause shall be 133
likewise based on the value set by such tax rolls. In the event 134
that the lessor and lessee cannot agree on a rental amount, the 135
lease may be cancelled at the option of the lessor. The lessee 136
shall, within thirty (30) days after execution of a sublease or 137
assignment, file a copy thereof, including the total consideration 138
therefor, with the Secretary of State. This paragraph shall not 139
apply to a lease of state public trust tidelands or submerged 140
lands to a person possessing a gaming license under the 141
Mississippi Gaming Control Act who operates a gaming establishment 142
on such tidelands or submerged lands or to a person who wishes to 143
seek a gaming license under the Mississippi Gaming Control Act and 144
to use public trust tidelands or submerged lands as part of its 145
proposed gaming project. 146
(3) Provided, however, the current occupants of public trust 147
tidelands that were developed after the determinable mean 148
high-water line nearest the effective date of the Coastal Wetlands 149
Protection Law shall pay an annual rental based on the fair market 150
value as determined by the assessed valuation of the property. 151
The holder of a lease of Public Trust Tidelands, at the expiration 152
thereof, shall have a prior right, exclusive of all other persons, 153
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to re-lease as may be agreed upon between the holder of the lease 154
and the Secretary of State. 155
(4) (a) This section shall apply to any person possessing a 156
license under the Mississippi Gaming Control Act or who wishes to 157
seek a license under the Mississippi Gaming Control Act and who 158
operates or proposes to operate a gaming establishment in any of 159
the three (3) most southern counties of the state. Any gaming 160
licensee or proposed licensee shall be required to obtain a lease 161
from the Secretary of State to use any state public trust 162
tidelands notwithstanding any statute, law or other provision 163
providing other authority to municipalities and counties to use 164
the public trust tidelands. To locate onshore and qualify to pay 165
the in-lieu tidelands assessment, a gaming operation must have or 166
show that it would have been able to receive a lease of public 167
trust tidelands from the State of Mississippi through the 168
Secretary of State for a gaming operation. 169
(b) The following shall apply to all leases of state 170
public trust tidelands executed by such a licensee: 171
(i) Every lease executed after August 29, 2005, 172
shall be for a period of thirty (30) years for rental payable to 173
the state annually. 174
(ii) By operation of this section, any lease 175
executed before August 29, 2005, may, at the option of the lessee, 176
either remain at the term stated in the original execution of the 177
lease or be converted to a thirty-year term lease, beginning on 178
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such date after August 29, 2005, that the lessee either resumes or 179
begins permanent gaming activities as approved by the Mississippi 180
Gaming Commission, and the lessee shall be required to comply with 181
all other provisions of the lease. Should the lessee choose to 182
operate in a structure that is not on state public trust tidelands 183
and that is on property contiguous to state public trust tidelands 184
leased by the State of Mississippi to the lessee, the lessee shall 185
be required to comply with all other provisions of the lease with 186
the State of Mississippi and shall be exempt from the assessment 187
provided for in paragraph (c) of this subsection. Easements for 188
and rights-of-way for public streets and highways shall not be 189
construed to interrupt the contiguous nature of a parcel of 190
property. In the event that a lessee does not elect either to 191
remain bound by the original term of the lease with the State of 192
Mississippi or to convert the lease to a thirty-year term, the 193
Secretary of State may lease the state public trust tidelands that 194
are the subject of the lease to any other person or entity. 195
(iii) Leases shall provide for review and rent 196
adjustments at each annual anniversary tied to the All Urban 197
Consumer Price Index-All Items (CPI). In the case of the renewal 198
of a lease after the expiration of the original thirty-year term 199
under this subsection, each renewal shall be for a term of thirty 200
(30) years. The base rate to which the CPI shall apply for 201
purposes of executing the subsequent lease shall be negotiated by 202
the lessee with the Secretary of State. 203
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(c) (i) Except as otherwise provided in this 204
paragraph, any person possessing a license under the Mississippi 205
Gaming Control Act who does not for a gaming site lease public 206
trust tidelands from the * * * State of Mississippi by and through 207
the Secretary of State or a state port, and who operates a gaming 208
establishment in any of the three (3) most southern counties of 209
the state, shall pay an annual in-lieu tidelands assessment to the 210
Public Trust Tidelands Assessments Fund (hereinafter referred to 211
as "fund") created in Section 29-15-10, in the amount and manner 212
provided for in this paragraph. 213
For calendar year 2006, the annual in-lieu tidelands 214
assessment paid by the licensee to the fund shall be: 215
1. Four Hundred Thousand Dollars 216
($400,000.00), if the capital investment in the part of the 217
structure in which licensed gaming activities are conducted is 218
Fifty Million Dollars ($50,000,000.00) or less. 219
2. Four Hundred Fifty Thousand Dollars 220
($450,000.00), if the capital investment in the part of the 221
structure in which licensed gaming activities are conducted is 222
equal to or more than Fifty Million Dollars ($50,000,000.00) but 223
less than Sixty Million Dollars ($60,000,000.00). 224
3. Five Hundred Thousand Dollars 225
($500,000.00), if the capital investment in the part of the 226
structure in which licensed gaming activities are conducted is 227
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equal to or more than Sixty Million Dollars ($60,000,000.00) but 228
less than Seventy-five Million Dollars ($75,000,000.00). 229
4. Six Hundred Thousand Dollars 230
($600,000.00), if the capital investment in the part of the 231
structure in which licensed gaming activities are conducted is 232
equal to or more than Seventy-five Million Dollars 233
($75,000,000.00) but less than One Hundred Million Dollars 234
($100,000,000.00). 235
5. Seven Hundred Thousand Dollars 236
($700,000.00), if the capital investment in the part of the 237
structure in which licensed gaming activities are conducted is 238
equal to or more than One Hundred Million Dollars 239
($100,000,000.00) but less than One Hundred Twenty-five Million 240
Dollars ($125,000,000.00). 241
6. Seven Hundred Fifty Thousand Dollars 242
($750,000.00), if the capital investment in the part of the 243
structure in which licensed gaming activities are conducted is 244
equal to or more than One Hundred Twenty-five Million Dollars 245
($125,000,000.00). 246
For each calendar year thereafter, the Secretary of State 247
shall review and adjust the value of the capital investment and 248
the annual in-lieu tidelands assessment due. Such review and 249
adjustment shall be tied to the CPI. 250
(ii) This paragraph shall not apply to a gaming 251
licensee if the licensee conducts gaming in a structure that is 252
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located on property that is leased from the Mississippi State Port 253
at Gulfport or any political subdivision of the state, or to a 254
licensee who conducts gaming in a structure that is located on 255
property that is leased to the licensee jointly by the State of 256
Mississippi and the City of Biloxi; however, with regard to 257
property owned by a political subdivision of the state, this 258
exception shall only apply to property owned by the political 259
subdivision on August 29, 2005, if legal gaming could have been 260
conducted on such property on that date. 261
(iii) This paragraph shall not apply to a gaming 262
licensee if the licensee conducts gaming in a structure that is 263
located on property that is not leased from the State of 264
Mississippi and/or a political subdivision of the State of 265
Mississippi and is not on state public trust tidelands before 266
August 29, 2005, and shall not apply to a gaming license if the 267
licensee or former licensee conducted gaming on * * * contiguous 268
property through a lease with the State Port at Gulfport before 269
August 29, 2005. 270
SECTION 2. Section 29-15-1, Mississippi Code of 1972, is 271
amended as follows: 272
29-15-1. (a) "Commission" means the Mississippi Advisory 273
Commission on Marine Resources. 274
(b) "Local tidal datum" means the datum established for a 275
specific tide station through the use of tidal observations made 276
at that station. 277
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(c) "Mean high water" means the arithmetic mean of all the 278
high waters occurring in a particular nineteen-year tidal epoch 279
period; or for a shorter period of time after corrections are 280
applied to the short term observations to reduce these values to 281
the equivalent nineteen-year value. 282
(d) "Mean high water line" means the intersection of the 283
tidal datum plane of mean high water with the shore. 284
(e) "Mean high water survey" means a survey of the 285
intersection of the shoreline with the tidal datum plane of mean 286
high water using local tidal datums and surveying methodologies 287
approved by the commission. Methodologies shall include but not 288
be limited to the "staking method," "the topographic method" and 289
"tide coordinated aerial photography." 290
(f) "National map accuracy standards" means a set of 291
guidelines published by the Office of Management and Budget of the 292
United States to which maps produced by the United States 293
government adhere. 294
(g) "Submerged lands" means lands which remain covered by 295
waters, where the tides ebb and flow, at ordinary low tides. 296
(h) "Tidelands" means those lands which are daily covered 297
and uncovered by water by the action of the tides, up to the mean 298
high water line * * * . 299
(i) "Department" means the Mississippi Department of Marine 300
Resources. 301
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(j) "Fastlands" means tidelands and submerged lands 302
waterward of the historic natural mean high water line but 303
artificially filled such that the area waterward of that line is 304
above mean high water. 305
(k) "Public Trust Tidelands" means those surface lands, 306
tidelands, and submerged lands owned by the state and held in 307
trust for the citizens of the State of Mississippi. 308
(l) "Surface lands" means the same as fastlands. 309
SECTION 3. The following shall be codified as Section 310
29-15-1.1, Mississippi Code of 1972: 311
29-15-1.1. (1) The Legislature passed the Tidelands Act of 312
1989, codified at Sections 29-1-107 and 29-15-1 et seq., to 313
provide stability and certainty to the land titles of riparian and 314
littoral property owners. The Legislature now finds certainty and 315
stability of the state ownership of Public Trust Tidelands in 316
trust for all the citizens of the state and the designation of the 317
Secretary of State as the trustee agent to act in the best 318
interest of the state in the control, management, administration 319
and leasing of the Public Trust Tidelands, which are essential for 320
the economical and consistent use of the Public Trust Tidelands 321
for the benefit of all the citizens of the state. Due to a number 322
of disputes causing harm and expense to the management of the 323
state-held Public Trust Tidelands, legislative action is required 324
to provide for the effective and consistent state control and 325
management of the Public Trust Tidelands to ensure their 326
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sustainability and enjoyment for current and future generations of 327
state citizens. 328
(2) The Legislature recognizes it serves the best interest 329
of all citizens of the state, for whom the state holds title to 330
the Public Trust Tidelands. To balance their preservation and 331
economic development interests, the Legislature believes the 332
citizens of our state are best served when Public Trust Tidelands 333
are controlled, managed, administered, and leased by one (1) 334
trustee agent acting for the entire state. The Legislature herby 335
confirms the state's ownership of the Public Trust Tidelands for 336
the enjoyment and benefit of its citizens, and that the Secretary 337
of State, as the Land Commissioner of the State of Mississippi, 338
should be and is acknowledged as the trustee agent of the state 339
for the control, management, administration, and leasing of the 340
Public Trust Tidelands. Further, by confirming the Secretary of 341
State as the only trustee agent of the Public Trust Tidelands, the 342
Legislature has faith in the Secretary's ability to deal justly 343
and fairly with all municipalities and counties along the 344
Mississippi Gulf Coast. 345
SECTION 4. The following shall be codified as Section 346
29-15-2, Mississippi Code of 1972: 347
29-15-2. (1) It is declared that the state held tidelands 348
subject to the public trust and the boundary between trust lands 349
and other lands are shown on the Final Public Trust Tidelands Map 350
and Public Trust Submerged Land Maps, Final December 1994, created 351
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and published pursuant to Section 29-15-7, as modified by any 352
boundary agreements or court orders. 353
(2) Absent clear, specific and expressed legislative intent 354
to sever fee simple title of a specific parcel of Public Trust 355
Tidelands from the state in favor of a specific state agency or 356
political subdivision, fee simple title remains in the state. 357
(3) It is declared to be the public policy of this state 358
that all management and administrative control and authority of 359
all state held Public Trust Tidelands is vested solely in the 360
Secretary of State as the Land Commissioner and trustee of the 361
Public Trust Tidelands. 362
(4) Absent clear, specific and expressed legislative intent 363
to grant management and administrative control and authority, 364
including leasing authority, of a specific area of Public Trust 365
Tidelands to a specific state agency or political subdivision, the 366
Secretary of State is not divested of management and 367
administrative control and authority, and leasing authority. 368
(5) (a) All proposed uses of Public Trust Tidelands by any 369
entity, including a private party or a federal, state or local 370
government, requires review of and approval by the Secretary of 371
State as the Land Commissioner and trustee of the Public Trust 372
Tidelands to confirm such use is consistent with the public trust 373
for which the land are held for the benefit of all citizens of the 374
state and the public policy as expressed by the Legislature. 375
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(b) Any entity, including a private party or a federal, 376
state or local government agency or authority, shall submit plans 377
to the Secretary of State concerning use of the Public Trust 378
Tidelands for review and approval, and if necessary, a Public 379
Trust Tidelands lease, before any activity on the Public Trust 380
Tidelands. 381
(c) All state agencies, consistent with the legislative 382
intent of Section 29-15-3 and Section 57-15-6, shall coordinate 383
with the Secretary of State concerning activities on the Public 384
Trust Tidelands, and receive approval before conducting or 385
authorizing activities on the Public Trust Tidelands. 386
(6) (a) All existing and proposed uses of or projects on 387
Public Trust Tidelands by any commercial activity shall require a 388
Public Trust Tidelands lease from the state through the Secretary 389
of State as trustee of the Public Trust Tidelands and shall be 390
subject to annual rent pursuant to Section 29-1-107. 391
(b) All existing and proposed public uses of or 392
projects on Public Trust Tidelands by any federal, state or local 393
governmental entity and which serve a higher public purpose of 394
promoting the conservation, reclamation and preservation of the 395
tidelands and submerged lands; public use for boating, boat 396
launches, piers, small craft harbors and marinas; fishing, 397
recreation or navigation; or the enhancement of public access to 398
such lands shall require a Public Trust Tidelands lease from the 399
state through the Secretary of State as trustee of the Public 400
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Trust Tidelands pursuant to Section 29-1-107 (2) but shall be 401
exempt from any use, lease, or rental fees pursuant to Section 402
29-15-13. 403
(7) All uses of Public Trust Tidelands for any gaming 404
purpose or purpose related to a gaming operation shall require a 405
Public Trust Tidelands lease from the state through the Secretary 406
of State as trustee of the Public Trust Tidelands and shall be 407
subject to annual rent pursuant to Section 29-1-107. 408
(8) All previous or prior statutory provisions which affect 409
the Public Trust Tidelands shall be construed and interpreted 410
subject to and consistent with the provisions contained in this 411
statute. 412
SECTION 5. Section 29-15-3, Mississippi Code of 1972, is 413
amended as follows: 414
29-15-3. (1) It is declared to be the public policy of this 415
state to favor the preservation of the natural state of the 416
state's public trust tidelands and their ecosystems and to prevent 417
the despoliation and destruction of them, except where a specific 418
alteration of specific public trust tidelands would serve a higher 419
public interest in compliance with the public purposes of the 420
public trust in which such tidelands are held. 421
(2) It is hereby declared to be a higher public purpose of 422
this state and the public tidelands trust to resolve the 423
uncertainty and disputes which have arisen as to the location of 424
the boundary between the state's public trust tidelands and the 425
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upland property and to confirm the mean high water boundary line 426
as determined by the Mississippi Supreme Court, the laws of this 427
state and this chapter. 428
(3) Absent clear and specific intent by the Legislature to 429
sever fee simple ownership or to grant management and 430
administrative control and authority, to include but not limited 431
to leasing authority, of a specific area of Public Trust Tidelands 432
to a specific state agency or political subdivision, then fee 433
simple title, management and administrative control and authority, 434
and leasing authority to and of the Public Trust Tidelands is in 435
the State of Mississippi. 436
(4) It is hereby declared that Public Trust Tidelands held 437
by the state will be managed and administered by the Secretary of 438
State as the Land Commissioner and Trustee of the Public Trust 439
Tidelands. 440
SECTION 6. Section 29-15-5, Mississippi Code of 1972, is 441
amended as follows: 442
29-15-5. (1) Tidelands and submerged lands are held by the 443
state in trust for use of all the people, and are so held in their 444
character as the beds and shores of the sea and its tidally 445
affected arms and tributaries for the purposes defined by common 446
law and statutory law. Littoral and riparian property owners have 447
common law and statutory rights under the Coastal Wetlands 448
Protection Law which extend into the waters and beyond the low 449
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tide line, and the state's responsibilities as trustee extends to 450
such owners as well as to the other members of the public. 451
(2) Residential property owners shall not be required to 452
obtain a public trust tidelands lease from the state for 453
exercising their common law and statutory littoral and riparian 454
rights attached to residential property. 455
(3) All existing and proposed uses of or projects on Public 456
Trust Tidelands by any commercial activity shall require a Public 457
Trust Tidelands lease from the state through the Secretary of 458
State as Trustee of the Public Trust Tidelands and shall be 459
subject to annual rent pursuant to Section 29-1-107. 460
(4) All existing or proposed public uses of or projects on 461
any federal, state or local governmental entity, including 462
counties and municipalities, which serve a higher public purpose 463
of promoting the conservation, reclamation, preservation of the 464
tidelands and submerged lands, public use for boating, boat 465
launches, piers, small craft harbors and marinas, fishing, 466
recreation or navigation, or the enhancement of public access to 467
such lands shall require a lease of state Public Trust Tidelands 468
from the state through the Secretary of State as trustee of the 469
Public Trust Tidelands pursuant to Section 29-1-107(2). 470
SECTION 7. Section 29-15-9, Mississippi Code of 1972, is 471
amended as follows: 472
29-15-9. (1) There is created in the State Treasury a 473
special fund to be known as the "Public Trust Tidelands Fund." 474
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The fund shall be administered by the Secretary of State as 475
trustee. 476
(2) Any funds derived from lease rentals of tidelands and 477
submerged lands, except those funds derived from mineral leases, 478
or funds previously specifically designated to be applied to other 479
agencies, shall be transferred to the special fund. * * * Subject 480
to legislative authorization, funds derived from lease 481
rentals * * * shall be used to cover the administrative cost, 482
including legal expenses, incurred by the Secretary of State in 483
administering the Public Trust Tidelands. Any remaining funds 484
derived from lease rentals shall then be disbursed pro rata to the 485
local taxing authorities for the replacement of lost ad valorem 486
taxes, if any. Then, any remaining funds shall be disbursed to 487
the * * * Department of Marine Resources for new and extra 488
programs of tidelands management, such as conservation, 489
reclamation, preservation, acquisition, education or the 490
enhancement of public access to the public trust tidelands or 491
public improvement projects as they relate to those lands. 492
(3) Any funds that are appropriated as separate line items 493
in an appropriation bill for tideland programs or projects 494
authorized under this section for political subdivisions or other 495
agencies shall be disbursed as provided in this subsection. 496
(a) The Department of Marine Resources shall make 497
progress payments in installments based on the work completed and 498
material used in the performance of a tidelands project only after 499
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receiving written verification from the political subdivision or 500
agency. The political subdivision or agency shall submit 501
verification of the work completed or materials in such detail and 502
form that the department may require. 503
(b) The Department of Marine Resources shall make funds 504
available for the purpose of using such funds as a match or 505
leverage for federal or other funds that are available for the 506
designated tidelands project. 507
SECTION 8. Section 29-15-10, Mississippi Code of 1972, is 508
amended as follows: 509
29-15-10. (1) There is created in the State Treasury a 510
special fund to be known as the "Public Trust Tidelands 511
Assessments Fund." The purpose of the fund is to ensure that 512
monies derived from the public trust tidelands assessments shall 513
be used for the benefit of preserving and protecting the tidelands 514
and submerged lands found within the three (3) most southern 515
counties of the state. One (1) specific purpose of the fund is to 516
ensure that the annual payment made by the state for the purchase 517
of Deer Island shall continue uninterrupted until the purchase 518
transaction is completed. The fund shall be administered by the 519
Secretary of State, as trustee. None of the funds that are in the 520
special fund or that are required to be deposited into the special 521
fund shall be transferred, diverted or in any other manner 522
expended or used for any purpose other than those purposes 523
specified in this section. 524
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(2) (a) Any funds derived from assessments made pursuant to 525
Section 29-1-107(4)(c) shall be deposited into the special fund. 526
(b) Funds paid pursuant to paragraph (a) of this 527
subsection may be appropriated by the Legislature in an amount 528
necessary to cover the administrative cost incurred by the 529
Mississippi Advisory Commission on Marine Resources. Any 530
remaining funds shall be disbursed * * * to the * * * Department 531
of Marine Resources for new and extra programs of tidelands 532
management, such as conservation, reclamation, preservation, 533
acquisition, education or the enhancement of public access to the 534
public trust tidelands or public improvement projects as they 535
relate to those lands. 536
(3) Any funds that are appropriated as separate line items 537
in an appropriation bill for tideland programs or projects 538
authorized under this section for political subdivisions or other 539
agencies shall be disbursed as provided in this subsection. 540
(a) The Department of Marine Resources shall make 541
progress payments in installments based on the work completed and 542
material used in the performance of a tidelands project only after 543
receiving written verification from the political subdivision or 544
agency. The political subdivision or agency shall submit 545
verification of the work completed or materials in such detail and 546
form that the department may require. 547
(b) The Department of Marine Resources shall make funds 548
available for the purpose of using such funds as a match or 549
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leverage for federal or other funds that are available for the 550
designated tidelands project. 551
SECTION 9. Section 29-15-13, Mississippi Code of 1972, is 552
amended as follows: 553
29-15-13. All existing or proposed public projects of any 554
federal, state or local governmental entity, including counties 555
and municipalities, which serve a higher public purpose of 556
promoting the conservation, reclamation, preservation of the 557
tidelands and submerged lands, public use for boating, boat 558
launches, piers, small craft harbors and marinas, fishing, 559
recreation or navigation, or the enhancement of public access to 560
such lands shall require a lease of Public Trust Tidelands from 561
the Secretary of State but shall be exempt from any use, lease or 562
rental fees. 563
SECTION 10. Section 59-15-1, Mississippi Code of 1972, is 564
amended as follows: 565
59-15-1. The authorities of any city in this state which has 566
a population of ten thousand (10,000) or more, according to the 567
last official government census, and the authorities of any 568
municipality bordering on the Mississippi Sound or Gulf of Mexico 569
are hereby given the authority to acquire by purchase, deed, 570
donation, gift, grant, * * * lease, dedication, or otherwise, and 571
if state-owned Public Trust Tidelands by lease subject to Sections 572
29-1-107(2) and 29-15-13, such land, harbor sites or water 573
frontage for the purpose of establishing, developing, promoting, 574
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maintaining, and operating harbors for small water crafts and 575
recreational parks connected therewith within its territorial 576
limits, or both, and shall have the power to acquire, purchase, 577
install, rent, lease, mortgage, incumber, construct, own, hold, 578
maintain, equip, use, control and operate recreational parks and 579
harbors for small water craft. Any such existing use of state 580
Public Trust Tidelands shall require a Public Trust Tidelands 581
lease from the State of Mississippi by and through the Secretary 582
of State. Any use of state Public Trust Tidelands for gaming as 583
contemplated by Section 27-1-107(4) shall require a direct lease 584
of the Public Trust Tidelands from the State of Mississippi by and 585
through the Secretary of State, and such lease may be conditioned 586
upon the licensee obtaining such other necessary and required 587
approvals. Once permission to use the Public Trust Tidelands has 588
been established, the tidelands shall be under the management and 589
control of the municipality, and the revenues generated shall be 590
used for the maintenance and upkeep and operation of the harbor. 591
SECTION 11. Section 21-17-1, Mississippi Code of 1972, is 592
amended as follows: 593
21-17-1. (1) Every municipality of this state shall be a 594
municipal corporation and shall have power to sue and be sued; to 595
purchase and hold real estate, either within or without the 596
corporate limits, for all proper municipal purposes, including 597
parks, cemeteries, hospitals, schoolhouses, houses of correction, 598
waterworks, electric lights, sewers and other proper municipal 599
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purposes; to purchase and hold personal property for all proper 600
municipal purposes; to sell or dispose of personal property or 601
real property owned by it consistent with Section 17-25-25; to 602
acquire equipment and machinery by lease-purchase agreement and to 603
pay interest thereon, if contracted, when needed for proper 604
municipal purposes; and to sell and convey any real property owned 605
by it, and make such order respecting the same as may be deemed 606
conducive to the best interest of the municipality, and exercise 607
jurisdiction over the same. 608
(2) (a) Except as otherwise provided in this subsection, in 609
case any of the real property belonging to a municipality shall 610
cease to be used for municipal purposes, the governing authority 611
of the municipality may sell, convey or lease the same on such 612
terms as the municipal authority may elect. In case of a sale on 613
a credit, the municipality shall charge appropriate interest as 614
contracted and shall have a lien on the same for the purchase 615
money, as against all persons, until paid and may enforce the lien 616
as in such cases provided by law. The deed of conveyance in such 617
cases shall be executed in the name of the municipality by the 618
governing authority of the municipality pursuant to an order 619
entered on the minutes. In any sale or conveyance of real 620
property, the municipality shall retain all mineral rights that it 621
owns, together with the right of ingress and egress to remove 622
same. Except as otherwise provided in this section, before any 623
such lease, deed or conveyance is executed, the governing 624
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authority of the municipality shall publish at least once each 625
week for three (3) consecutive weeks, in a public newspaper of the 626
municipality in which the real property is located, or if no 627
newspaper be published as such, then in a newspaper having general 628
circulation therein, the intention to lease or sell, as the case 629
may be, the municipally owned real property and to accept sealed 630
competitive bids for the leasing or sale. The governing authority 631
of the municipality shall thereafter accept bids for the lease or 632
sale and shall award the lease or sale to the highest bidder in 633
the manner provided by law. However, whenever the governing 634
authority of the municipality shall find and determine, by 635
resolution duly and lawfully adopted and spread upon its minutes 636
(i) that any municipally owned real property is no longer needed 637
for municipal or related purposes and is not to be used in the 638
operation of the municipality, (ii) that the sale of such property 639
in the manner otherwise provided by law is not necessary or 640
desirable for the financial welfare of the municipality, and (iii) 641
that the use of such property for the purpose for which it is to 642
be sold, conveyed or leased will promote and foster the 643
development and improvement of the community in which it is 644
located and the civic, social, educational, cultural, moral, 645
economic or industrial welfare thereof, the governing authority of 646
the municipality shall be authorized and empowered, in its 647
discretion, to sell, convey or lease same for any of the purposes 648
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set forth herein without having to advertise for and accept 649
competitive bids. 650
(b) In any case in which a municipality proposes to 651
sell, convey or lease real property under the provisions of this 652
subsection (2) without advertising for and accepting competitive 653
bids, the governing authority may sell, convey or lease the 654
property as follows: 655
(i) Consideration for the purchase, conveyance or 656
lease of the property shall be not less than the average of the 657
fair market price for such property as determined by at least two 658
(2) professional property appraisers selected by the municipality 659
and approved by the purchaser or lessee. Appraisal fees shall be 660
shared equally by the municipality and the purchaser or lessee; 661
(ii) The governing authority of a municipality may 662
contract for the professional services of a Mississippi licensed 663
real estate broker to assist the municipality in the marketing and 664
sale or lease of the property, and may provide the broker 665
reasonable compensation for services rendered to be paid from the 666
sale or lease proceeds. The reasonable compensation shall not 667
exceed the usual and customary compensation for similar services 668
within the municipality; or 669
(iii) The governing authority of a municipality 670
may lease property of less than one thousand five hundred (1,500) 671
square feet to any person or legal entity by having two (2) 672
appraisals establish the fair market value of the lease, and on 673
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such other terms and conditions as the parties may agree, such 674
lease being lawfully adopted and spread upon its official minutes. 675
(c) All uses of Public Trust Tidelands shall be through 676
a lease with the state through the Secretary of State. 677
(3) Whenever the governing authority of the municipality 678
shall find and determine by resolution duly and lawfully adopted 679
and spread upon the minutes that municipally owned real property 680
is not used for municipal purposes and therefore surplus as set 681
forth in subsection (2) of this section: 682
(a) (i) Except as otherwise provided in subparagraph 683
(ii) of this paragraph (a), the governing authority may donate 684
such lands to a bona fide not-for-profit civic or eleemosynary 685
corporation organized and existing under the laws of the State of 686
Mississippi and granted tax-exempt status by the Internal Revenue 687
Service and may donate such lands and necessary funds related 688
thereto to the public school district in which the land is 689
situated for the purposes set forth herein. Any deed or 690
conveyance executed pursuant hereto shall contain a clause of 691
reverter providing that the bona fide not-for-profit corporation 692
or public school district may hold title to such lands only so 693
long as they are continued to be used for the civic, social, 694
educational, cultural, moral, economic or industrial welfare of 695
the community, and that title shall revert to the municipality in 696
the event of the cessation of such use for a period of two (2) 697
years. In any such deed or conveyance, the municipality shall 698
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retain all mineral rights that it owns, together with the right of 699
ingress and egress to remove same; 700
(ii) If the governing authority of a municipality 701
with a total population of greater than forty thousand (40,000) 702
but not more than forty-two thousand five hundred (42,500) 703
according to the 2010 federal decennial census, donates real 704
property to a bona fide not-for-profit civic or eleemosynary 705
corporation and such civic or eleemosynary corporation commits Two 706
Million Dollars ($2,000,000.00) to renovate or make capital 707
improvements to the property by an agreement between a certain 708
state institution of higher learning and the civic or eleemosynary 709
corporation, then the clause of reverter required by this 710
paragraph shall provide that title of such real property shall 711
revert 1. to the bona fide not-for-profit civic or eleemosynary 712
corporation, if a certain state institution of higher learning 713
ceases to use the property for the purposes required by this 714
paragraph (a) for donated lands, or 2. to the municipality, if a 715
certain state institution of higher learning ceases to use the 716
property for the purposes required by this paragraph (a) and the 717
not-for-profit civic or eleemosynary corporation or its successor 718
ceases to exist; 719
(b) (i) The governing authority may donate such lands 720
to a bona fide not-for-profit corporation (such as Habitat for 721
Humanity) which is primarily engaged in the construction of 722
housing for persons who otherwise can afford to live only in 723
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substandard housing. In any such deed or conveyance, the 724
municipality shall retain all mineral rights that it owns, 725
together with the right of ingress and egress to remove same; 726
(ii) In the event the governing authority does not 727
wish to donate title to such lands to the bona fide not-for-profit 728
civic or eleemosynary corporation, but wishes to retain title to 729
the lands, the governing authority may lease the lands to a bona 730
fide not-for-profit corporation described in paragraph (a) or this 731
paragraph (b) for less than fair market value; 732
(c) The governing authority may donate any municipally 733
owned lot measuring twenty-five (25) feet or less along the 734
frontage line as follows: the governing authority may cause the 735
lot to be divided in half along a line running generally 736
perpendicular to the frontage line and may convey each one-half 737
(1/2) of that lot to the owners of the parcels laterally adjoining 738
the municipally owned lot. All costs associated with a conveyance 739
under this paragraph (c) shall be paid by the person or entity to 740
whom the conveyance is made. In any such deed or instrument of 741
conveyance, the municipality shall retain all mineral rights that 742
it owns, together with the right of ingress and egress to remove 743
same; 744
(d) Nothing contained in this subsection (3) shall be 745
construed to prohibit, restrict or to prescribe conditions with 746
regard to the authority granted under Section 17-25-3. 747
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(4) Every municipality shall also be authorized and 748
empowered to loan to private persons or entities, whether 749
organized for profit or nonprofit, funds received from the United 750
States Department of Housing and Urban Development (HUD) under an 751
urban development action grant or a community development block 752
grant under the Housing and Community Development Act of 1974 753
(Public Law 93-383), as amended, and to charge interest thereon if 754
contracted, provided that no such loan shall include any funds 755
from any revenues other than the funds from the United States 756
Department of Housing and Urban Development; to make all contracts 757
and do all other acts in relation to the property and affairs of 758
the municipality necessary to the exercise of its governmental, 759
corporate and administrative powers; and to exercise such other or 760
further powers as are otherwise conferred by law. 761
(5) (a) The governing authority of any municipality may 762
establish an employer-assisted housing program to provide funds to 763
eligible employees to be used toward the purchase of a home. This 764
assistance may be applied toward the down payment, closing costs 765
or any other fees or costs associated with the purchase of a home. 766
The housing assistance may be in the form of a grant, forgivable 767
loan or repayable loan. The governing authority of a municipality 768
may contract with one or more public or private entities to 769
provide assistance in implementing and administering the program 770
and shall adopt rules and regulations regarding the eligibility of 771
a municipality for the program and for the implementation and 772
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administration of the program. However, no general funds of a 773
municipality may be used for a grant or loan under the program. 774
(b) Participation in the program established under this 775
subsection (5) shall be available to any eligible municipal 776
employee as determined by the governing authority of the 777
municipality. Any person who receives financial assistance under 778
the program must purchase a house and reside within certain 779
geographic boundaries as determined by the governing authority of 780
the municipality. 781
(c) If the assistance authorized under this subsection 782
(5) is structured as a forgivable loan, the participating employee 783
must remain as an employee of the municipality for an agreed upon 784
period of time, as determined by the rules and regulations adopted 785
by the governing authority of the municipality, in order to have 786
the loan forgiven. The forgiveness structure, amount of 787
assistance and repayment terms shall be determined by the 788
governing authority of the municipality. 789
(6) The governing authority of any municipality may contract 790
with a private attorney or private collection agent or agency to 791
collect any type of delinquent payment owed to the municipality, 792
including, but not limited to, past-due fees, fines and other 793
assessments, or with the district attorney of the circuit court 794
district in which the municipality is located to collect any 795
delinquent fees, fines and other assessments. Any such contract 796
debt may provide for payment contingent upon successful collection 797
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efforts or payment based upon a percentage of the delinquent 798
amount collected; however, the entire amount of all delinquent 799
payments collected shall be remitted to the municipality and shall 800
not be reduced by any collection costs or fees. Any private 801
attorney or private collection agent or agency contracting with 802
the municipality under the provisions of this subsection shall 803
give bond or other surety payable to the municipality in such 804
amount as the governing authority of the municipality deems 805
sufficient. Any private attorney with whom the municipality 806
contracts under the provisions of this subsection must be a member 807
in good standing of The Mississippi Bar. Any private collection 808
agent or agency with whom the municipality contracts under the 809
provisions of this subsection must meet all licensing requirements 810
for doing business in the State of Mississippi. Neither the 811
municipality nor any officer or employee of the municipality shall 812
be liable, civilly or criminally, for any wrongful or unlawful act 813
or omission of any person or business with whom the municipality 814
has contracted under the provisions of this subsection. The 815
Mississippi Department of Audit shall establish rules and 816
regulations for use by municipalities in contracting with persons 817
or businesses under the provisions of this subsection. If a 818
municipality uses its own employees to collect any type of 819
delinquent payment owed to the municipality, then from and after 820
July 1, 2000, the municipality may charge an additional fee for 821
collection of the delinquent payment provided the payment has been 822
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delinquent for ninety (90) days. The collection fee may not 823
exceed twenty-five percent (25%) of the delinquent payment if the 824
collection is made within this state and may not exceed fifty 825
percent (50%) of the delinquent payment if the collection is made 826
outside this state. In conducting collection of delinquent 827
payments, the municipality may utilize credit cards or electronic 828
fund transfers. The municipality may pay any service fees for the 829
use of such methods of collection from the collection fee, but not 830
from the delinquent payment. There shall be due to the 831
municipality from any person whose delinquent payment is collected 832
under a contract executed as provided in this subsection an 833
amount, in addition to the delinquent payment, of not to exceed 834
twenty-five percent (25%) of the delinquent payment for 835
collections made within this state, and not to exceed fifty 836
percent (50%) of the delinquent payment for collections made 837
outside of this state. 838
(7) In addition to such authority as is otherwise granted 839
under this section, the governing authority of any municipality 840
may expend funds necessary to maintain and repair, and to purchase 841
liability insurance, tags and decals for, any personal property 842
acquired under the Federal Excess Personal Property Program that 843
is used by the local volunteer fire department. 844
(8) In addition to the authority to expend matching funds 845
under Section 21-19-65, the governing authority of any 846
municipality, in its discretion, may expend municipal funds to 847
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match any state, federal or private funding for any program 848
administered by the State of Mississippi, the United States 849
government or any nonprofit organization that is exempt under 26 850
USCS Section 501(c)(3) from paying federal income tax. 851
(9) The governing authority of any municipality that owns 852
and operates a gas distribution system, as defined in Section 853
21-27-11(b), and the governing authority of any public natural gas 854
district are authorized to contract for the purchase of the supply 855
of natural gas for a term of up to ten (10) years with any public 856
nonprofit corporation which is organized under the laws of this 857
state or any other state. 858
(10) The governing authority of any municipality may perform 859
and exercise any duty, responsibility or function, may enter into 860
agreements and contracts, may provide and deliver any services or 861
assistance, and may receive, expend and administer any grants, 862
gifts, matching funds, loans or other monies, in accordance with 863
and as may be authorized by any federal law, rule or regulation 864
creating, establishing or providing for any program, activity or 865
service. The provisions of this subsection shall not be construed 866
as authorizing any municipality or the governing authority of such 867
municipality to perform any function or activity that is 868
specifically prohibited under the laws of this state or as 869
granting any authority in addition to or in conflict with the 870
provisions of any federal law, rule or regulation. 871
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(11) (a) In addition to such authority as is otherwise 872
granted under this section, the governing authority of a 873
municipality, in its discretion, may sell, lease, donate or 874
otherwise convey property to any person or legal entity without 875
public notice, without having to advertise for and accept 876
competitive bids and without appraisal, with or without 877
consideration, and on such terms and conditions as the parties may 878
agree if the governing authority finds and determines, by 879
resolution duly and lawfully adopted and spread upon its official 880
minutes: 881
(i) The subject property is real property acquired 882
by the municipality: 883
1. By reason of a tax sale; 884
2. Because the property was abandoned or 885
blighted; or 886
3. In a proceeding to satisfy a municipal 887
lien against the property; 888
(ii) The subject property is blighted and is 889
located in a blighted area; 890
(iii) The subject property is not needed for 891
governmental or related purposes and is not to be used in the 892
operation of the municipality; 893
(iv) That the sale of the property in the manner 894
otherwise provided by law is not necessary or desirable for the 895
financial welfare of the municipality; and 896
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(v) That the use of the property for the purpose 897
for which it is to be conveyed will promote and foster the 898
development and improvement of the community in which it is 899
located or the civic, social, educational, cultural, moral, 900
economic or industrial welfare thereof; the purpose for which the 901
property is conveyed shall be stated. 902
(b) Any deed or instrument of conveyance executed 903
pursuant to the authority granted under this subsection shall 904
contain a clause of reverter providing that title to the property 905
will revert to the municipality if the person or entity to whom 906
the property is conveyed does not fulfill the purpose for which 907
the property was conveyed and satisfy all conditions imposed on 908
the conveyance within two (2) years of the date of the conveyance. 909
(c) In any such deed or instrument of conveyance, the 910
municipality shall retain all mineral rights that it owns, 911
together with the right of ingress and egress to remove same. 912
(12) The governing authority of any municipality may enter 913
into agreements and contracts with any housing authority, as 914
defined in Section 43-33-1, to provide extra police protection in 915
exchange for the payment of compensation or a fee to the 916
municipality. 917
(13) The governing authority of any municipality may 918
reimburse the cost of an insured's deductible for an automobile 919
insurance coverage claim if the claim has been paid for damages to 920
the insured's property arising from the negligence of a duly 921
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authorized officer, agent, servant, attorney or employee of the 922
municipality in the performance of his or her official duties, and 923
the officer, agent, servant, attorney or employee owning or 924
operating the motor vehicle is protected by immunity under the 925
Mississippi Tort Claims Act, Section 11-46-1 et seq. 926
(14) The powers conferred by this section shall be in 927
addition and supplemental to the powers conferred by any other 928
law, and nothing contained in this section shall be construed to 929
prohibit, or to prescribe conditions concerning, any practice or 930
practices authorized under any other law. 931
SECTION 12. Section 57-7-1, Mississippi Code of 1972, is 932
amended as follows: 933
57-7-1. In the event that any municipality, county, 934
supervisors district, municipal airport authority, regional 935
airport authority or other governmental subdivision shall have 936
surplus airport land or other lands which are not needed for 937
airport purposes or for other governmental purposes, then such 938
property so designated and described may be set aside and improved 939
for industrial and commercial purposes and the same may thereafter 940
be operated or the same may be leased or sold upon such terms and 941
conditions as a municipality, county, municipal airport authority, 942
regional airport authority or governmental subdivision shall 943
prescribe. 944
In order to provide for the improvement of such property for 945
industrial and commercial purposes, the municipality or other 946
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authority shall be authorized to provide all necessary utilities 947
therefor and to lay out, construct and/or improve and hard-surface 948
roadways, streets, driveways and access roads, railroads and spur 949
tracks, and provide for the grading, drainage, sewer, lights and 950
water, and all other necessary or proper utilities as may be 951
necessary or proper to make such land desirable or useful as a 952
site or sites for industrial and commercial enterprises. The cost 953
and expense of such improvements to said real estate shall be paid 954
for from funds made available from the lease or sale of such lands 955
to the extent such funds are available. 956
All uses of public trust tidelands shall be through a lease 957
with the state through the Secretary of State. 958
SECTION 13. Section 59-7-405, Mississippi Code of 1972, is 959
amended as follows: 960
59-7-405. (1) (a) The governing authorities of any 961
municipality in which there is situated and located, in whole or 962
in part, a port or harbor through which commerce flows, and having 963
not less than eight (8) industries engaged in the seafood 964
industry, which maintains a channel and/or harbor to a depth of 965
not less than eight (8) feet, may engage in, either directly or 966
through the commission hereinafter provided and designated, and 967
such other agencies as hereafter may be provided by law, works of 968
internal improvement, or promoting, developing, constructing, 969
maintaining and operating harbors or seaports within the state and 970
its jurisdiction, and either directly or through the commission 971
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hereinafter provided for, with the power and authority to acquire, 972
purchase, install, rent, lease, mortgage and/or otherwise 973
encumber, to construct, own, hold, maintain, equip, use, control 974
and operate at seaports or harbors, wharves, piers, docks, 975
warehouses, cold storage facilities, water and rail terminals, 976
airplane landing fields and strips, and other structures and 977
facilities, needful for the convenient use of the same in the aid 978
of commerce and navigation, and including the dredging of channels 979
and approaches to the facilities, and being authorized with prior 980
approval of the state through the Secretary of State to fill 981
in * * * bottomlands where incidental and necessary to the 982
foregoing development. All uses of public trust tidelands shall 983
be through a lease with the state through the Secretary of State. 984
(b) A municipality, which is operating a port through a 985
port commission under this section, may dissolve the port 986
commission as provided in Section 59-7-408 and directly operate 987
and maintain the port as provided under this article. 988
(2) The municipal authorities or commission, in connection 989
with the exercise of the foregoing works of improvement and 990
development, may as an adjunct to any such work of improvement or 991
development to erect or construct such bridges, causeways or 992
structures as may be required for access to and from the harbors 993
or facilities provided as aforesaid by the municipal authorities 994
or the commission, and including any necessary bridge or causeway 995
or combination of the same, connecting with any island or islands 996
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lying within three (3) leagues of the main shoreline of the 997
Mississippi Sound or the Gulf of Mexico, and whether the same be 998
within or without the limits of the municipality concerned. 999
(3) The municipal authorities or commission may procure, by 1000
gift, grant, purchase, or by the exercise of eminent domain, and 1001
for the public purposes and uses herein provided for, such land or 1002
interest therein as may be required for the purposes of this 1003
article, and regardless of whether the land be within or without 1004
the limits of the municipality involved. All uses of public trust 1005
tidelands shall be through a lease with the state through the 1006
Secretary of State. 1007
(4) The municipal authorities or commission, in the exercise 1008
of the powers granted hereunder, may provide any of the aforesaid 1009
facilities alone or in collaboration and in conjunction with any 1010
other public bodies, entities or commissions, as may now or 1011
hereafter be established by law. 1012
(5) The municipal authorities or commission may provide, 1013
among other harbor facilities, small craft and pleasure craft 1014
harbors and facilities needed therefor, including park and 1015
recreational facilities as an adjunct thereto, and in order to 1016
develop and promote tourist and recreational trade in the port. 1017
(6) The municipal authorities or commission have the power 1018
and authority to carry out the provisions of this article, to 1019
employ engineers, attorneys, and such employees as may be 1020
necessary in carrying out the provisions of this article, from 1021
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time to time, and for the purpose of operating the facilities 1022
herein provided for, and may prescribe reasonable compensation in 1023
connection with such employment. 1024
SECTION 14. Section 7-11-11, Mississippi Code of 1972, is 1025
amended as follows: 1026
7-11-11. The Secretary of State shall have charge of the 1027
swamp and the overflowed lands and indemnity lands in lieu 1028
thereof, the internal improvement lands, the lands forfeited to 1029
the state for nonpayment of taxes after the time allowed by law 1030
for redemption shall have expired, the public trust tidelands and 1031
of all other public lands belonging to or under the control of the 1032
state. The regulation, sale and disposition of all such lands 1033
shall be made through the Secretary of State's office. 1034
The Secretary of State shall sign all conveyances and leases 1035
of any and all state-owned lands and shall record same in a book 1036
kept in his office for such purposes. 1037
SECTION 15. Section 87-1-5, Mississippi Code of 1972, is 1038
amended as follows: 1039
87-1-5. If any person, by playing at any game whatever, or 1040
by betting on the sides or hands of such as do play at any game, 1041
or by betting on any horse race or cockfight, or at any other 1042
sport or pastime, or by any wager whatever, shall lose any money, 1043
property, or other valuable thing, real or personal, and shall pay 1044
or deliver the same or any part thereof, the person so losing and 1045
paying or delivering the same, or his wife or children, may sue 1046
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for and recover such money, property, or other valuable thing so 1047
lost and paid or delivered, or any part thereof, from the person 1048
knowingly receiving the same, with costs. However, this section 1049
shall not apply to betting, gaming or wagering: 1050
(a) On a cruise vessel as defined in Section 27-109-1 1051
whenever such vessel is in the waters within the State of 1052
Mississippi, which lie adjacent to the State of Mississippi south 1053
of the three (3) most southern counties in the State of 1054
Mississippi, including the Mississippi Sound, St. Louis Bay, 1055
Biloxi Bay and Pascagoula Bay; 1056
(b) In a structure located in whole or in part on shore 1057
in any of the three (3) most southern counties in the State of 1058
Mississippi in which the registered voters of the county have 1059
voted to allow such betting, gaming or wagering on cruise vessels 1060
as provided in Section 19-3-79, if: 1061
(i) The structure is owned, leased or controlled 1062
by a person possessing a gaming license, as defined in Section 1063
75-76-5, to conduct legal gaming * * * and before August 29, 2005, 1064
legal gaming could have been conducted by a person possessing a 1065
gaming license, as defined in Section 75-76-5, under paragraph (a) 1066
of this section, upon a docked cruise vessel * * * in the waters 1067
within the State of Mississippi adjacent to the location of the 1068
proposed structure at the mean high water line (as defined in 1069
Section 29-15-1) referenced in and used pursuant to subparagraph 1070
(b)(ii) of this section; 1071
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(ii) The part of the structure in which licensed 1072
gaming activities are conducted is located entirely in an area 1073
which is located no more than eight hundred (800) feet from any 1074
and all points of reference along the mean high-water line (as 1075
defined in Section 29-15-1) of the waters within the State of 1076
Mississippi, which lie adjacent to the State of Mississippi south 1077
of the three (3) most southern counties in the State of 1078
Mississippi, including the Mississippi Sound, St. Louis Bay, 1079
Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi 1080
Sound at Harrison County only, no farther north than the southern 1081
boundary of the right-of-way for U.S. Highway 90, whichever is 1082
greater; and 1083
(iii) In the case of a structure that is located 1084
in whole or part on shore, the part of the structure in which 1085
licensed gaming activities are conducted shall * * * be located on 1086
property which is owned and/or leased solely by the person 1087
described in subparagraph (b)(i) of this section possessing the 1088
gaming license, as defined in Section 75-76-5, all such owned 1089
and/or leased property shall be subject to the exclusive use, 1090
possession and control of such licensee and all such owned and/or 1091
leased property must be contiguously owned and/or leased by such 1092
licensee from the area upon which the structure is located to all 1093
points on the mean high-water line referenced and used pursuant to 1094
subparagraph (b)(ii) of this section; provided that no portion of 1095
such owned and/or leased property shall include any portion of the 1096
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sand beach, no mean high-water line referenced and used pursuant 1097
to subparagraph (b)(ii) of this section may be located adjacent to 1098
any portion of the sand beach and such owned and/or leased 1099
property at its narrowest point may not be less in width than 1100
required to accommodate a cruise vessel. As used in this 1101
subparagraph (b)(iii), sand beach shall mean the natural or 1102
manmade sand beach along any natural coastline which lies adjacent 1103
to the State of Mississippi south of the three (3) most southern 1104
counties in the State of Mississippi, including the Mississippi 1105
Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary 1106
line drawn from any point along the mean high-water line 1107
referenced and used pursuant to subparagraph (b)(ii) of this 1108
section to any other point of reference to determine the legal 1109
location of the gaming floor in the structure must cross only 1110
property owned by and/or leased by and under the exclusive use, 1111
possession and control of, the person described in subparagraph 1112
(b)(i) of this section possessing a gaming license, as defined in 1113
Section 75-76-5. A project must meet the minimum size, minimum 1114
improvements and other such project requirements set forth in 1115
rules and regulations adopted by the commission as authorized by 1116
Section 75-76-33 and Section 75-76-77. Easements * * * for 1117
rights-of-way for public streets and highways shall not be 1118
construed to interrupt the contiguous nature of the parcel, nor 1119
shall the footage contained within the easements and rights-of-way 1120
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be counted in the calculation of the distances specified in 1121
subparagraph (ii) * * * of this section; 1122
(c) On a vessel as defined in Section 27-109-1 whenever 1123
such vessel is on the Mississippi River or navigable waters within 1124
any county bordering on the Mississippi River; or 1125
(d) That is legal under the laws of the State of 1126
Mississippi. 1127
SECTION 16. Section 97-33-1, Mississippi Code of 1972, is 1128
amended as follows: 1129
97-33-1. Except as otherwise provided in Section 97-33-8, if 1130
any person shall encourage, promote or play at any game, play or 1131
amusement, other than a fight or fighting match between dogs, for 1132
money or other valuable thing, or shall wager or bet, promote or 1133
encourage the wagering or betting of any money or other valuable 1134
things, upon any game, play, amusement, cockfight, Indian ball 1135
play or duel, other than a fight or fighting match between dogs, 1136
or upon the result of any election, event or contingency whatever, 1137
upon conviction thereof, he shall be fined in a sum not more than 1138
Five Hundred Dollars ($500.00); and, unless such fine and costs be 1139
immediately paid, shall be imprisoned for any period not more than 1140
ninety (90) days. However, this section shall not apply to 1141
betting, gaming or wagering: 1142
(a) On a cruise vessel as defined in Section 27-109-1 1143
whenever such vessel is in the waters within the State of 1144
Mississippi, which lie adjacent to the State of Mississippi south 1145
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of the three (3) most southern counties in the State of 1146
Mississippi, including the Mississippi Sound, St. Louis Bay, 1147
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1148
of the county in which the port is located have not voted to 1149
prohibit such betting, gaming or wagering on cruise vessels as 1150
provided in Section 19-3-79; 1151
(b) In a structure located, in whole or in part, on 1152
shore in any of the three (3) most southern counties in the State 1153
of Mississippi in which the registered voters of the county have 1154
voted to allow such betting, gaming or wagering on cruise vessels 1155
as provided in Section 19-3-79, if: 1156
(i) The structure is owned, leased or controlled 1157
by a person possessing a gaming license, as defined in Section 1158
75-76-5, to conduct legal gaming * * * and before August 29, 2005, 1159
legal gaming could have been conducted by a person possessing a 1160
gaming license, as defined in Section 75-76-5, under paragraph (a) 1161
of this section, upon a docked cruise vessel * * * in the waters 1162
within the State of Mississippi adjacent to the location of the 1163
proposed structure at the mean high-water line (as defined in 1164
Section 29-15-1) referenced in and used pursuant to subparagraph 1165
(b)(ii) of this section; 1166
(ii) The part of the structure in which licensed 1167
gaming activities are conducted is located entirely in an area 1168
which is located no more than eight hundred (800) feet from any 1169
and all points of reference along the mean high-water line (as 1170
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defined in Section 29-15-1) of the waters within the State of 1171
Mississippi, which lie adjacent to the State of Mississippi south 1172
of the three (3) most southern counties in the State of 1173
Mississippi, including the Mississippi Sound, St. Louis Bay, 1174
Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi 1175
Sound at Harrison County only, no farther north than the southern 1176
boundary of the right-of-way for U.S. Highway 90, whichever is 1177
greater; and 1178
(iii) In the case of a structure that is located 1179
in whole or part on shore, the part of the structure in which 1180
licensed gaming activities are conducted shall * * * be located on 1181
property which is owned and/or leased solely by the person 1182
described in subparagraph (b)(i) of this section possessing the 1183
gaming license, as defined in Section 75-76-5, all such owned 1184
and/or leased property shall be subject to the exclusive use, 1185
possession and control of such licensee and all such owned and/or 1186
leased property must be contiguously owned and/or leased by such 1187
licensee from the area upon which the structure is located to all 1188
points on the mean high-water line referenced and used pursuant to 1189
subparagraph (b)(ii) of this section; provided that no portion of 1190
such owned and/or leased property shall include any portion of the 1191
sand beach, no mean high-water line referenced and used pursuant 1192
to subparagraph (b)(ii) of this section may be located adjacent to 1193
any portion of the sand beach and such owned and/or leased 1194
property at its narrowest point may not be less in width than 1195
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required to accommodate a cruise vessel. As used in this 1196
subparagraph (b)(iii), sand beach shall mean the natural or 1197
manmade sand beach along any natural coastline which lies adjacent 1198
to the State of Mississippi south of the three (3) most southern 1199
counties in the State of Mississippi, including the Mississippi 1200
Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary 1201
line drawn from any point along the mean high-water line 1202
referenced and used pursuant to subparagraph (b)(ii) of this 1203
section to any other point of reference to determine the legal 1204
location of the gaming floor in the structure must cross only 1205
property owned by and/or leased by and under the exclusive use, 1206
possession and control of the person described in subparagraph 1207
(b)(i) of this section possessing a gaming license, as defined in 1208
Section 75-76-5. A project must meet the minimum size, minimum 1209
improvements and other such project requirements set forth in 1210
rules and regulations adopted by the commission as authorized by 1211
Section 75-76-33 and Section 75-76-77. Easements * * * for 1212
rights-of-way for public streets and highways shall not be 1213
construed to interrupt the contiguous nature of the parcel, nor 1214
shall the footage contained within the easements and rights-of-way 1215
be counted in the calculation of the distances specified in 1216
subparagraph (ii) of this section; 1217
(c) On a vessel as defined in Section 27-109-1 whenever 1218
such vessel is on the Mississippi River or navigable waters within 1219
any county bordering on the Mississippi River, and in which the 1220
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registered voters of the county in which the port is located have 1221
not voted to prohibit such betting, gaming or wagering on vessels 1222
as provided in Section 19-3-79; or 1223
(d) That is legal under the laws of the State of 1224
Mississippi. 1225
SECTION 17. Section 97-33-7, Mississippi Code of 1972, is 1226
amended as follows: 1227
97-33-7. (1) Except as otherwise provided in Section 1228
97-33-8, it shall be unlawful for any person or persons, firm, 1229
copartnership or corporation to have in possession, own, control, 1230
display, or operate any cane rack, knife rack, artful dodger, 1231
punch board, roll down, merchandise wheel, slot machine, pinball 1232
machine, or similar device or devices. Provided, however, that 1233
this section shall not be so construed as to make unlawful the 1234
ownership, possession, control, display or operation of any 1235
antique coin machine as defined in Section 27-27-12, or any music 1236
machine or bona fide automatic vending machine where the purchaser 1237
receives exactly the same quantity of merchandise on each 1238
operation of said machine. Any slot machine other than an antique 1239
coin machine as defined in Section 27-27-12 which delivers, or is 1240
so constructed as that by operation thereof it will deliver to the 1241
operator thereof anything of value in varying quantities, in 1242
addition to the merchandise received, and any slot machine other 1243
than an antique coin machine as defined in Section 27-27-12 that 1244
is constructed in such manner as that slugs, tokens, coins or 1245
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similar devices are, or may be, used and delivered to the operator 1246
thereof in addition to merchandise of any sort contained in such 1247
machine, is hereby declared to be a gambling device, and shall be 1248
deemed unlawful under the provisions of this section. Provided, 1249
however, that pinball machines which do not return to the operator 1250
or player thereof anything but free additional games or plays 1251
shall not be deemed to be gambling devices, and neither this 1252
section nor any other law shall be construed to prohibit same. 1253
(2) No property right shall exist in any person, natural or 1254
artificial, or be vested in such person, in any or all of the 1255
devices described herein that are not exempted from the provisions 1256
of this section; and all such devices are hereby declared to be at 1257
all times subject to confiscation and destruction, and their 1258
possession shall be unlawful, except when in the possession of 1259
officers carrying out the provisions of this section. It shall be 1260
the duty of all law enforcing officers to seize and immediately 1261
destroy all such machines and devices. 1262
(3) A first violation of the provisions of this section 1263
shall be deemed a misdemeanor, and the party offending shall, upon 1264
conviction, be fined in any sum not exceeding Five Hundred Dollars 1265
($500.00), or imprisoned not exceeding three (3) months, or both, 1266
in the discretion of the court. In the event of a second 1267
conviction for a violation of any of the provisions of this 1268
section, the party offending shall be subject to a sentence of not 1269
less than six (6) months in the county jail, nor more than two (2) 1270
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years in the State Penitentiary, in the discretion of the trial 1271
court. 1272
(4) Notwithstanding any provision of this section to the 1273
contrary, it shall not be unlawful to operate any equipment or 1274
device described in subsection (1) of this section or any gaming, 1275
gambling or similar device or devices by whatever name called 1276
while: 1277
(a) On a cruise vessel as defined in Section 27-109-1 1278
whenever such vessel is in the waters within the State of 1279
Mississippi, which lie adjacent to the State of Mississippi south 1280
of the three (3) most southern counties in the State of 1281
Mississippi, including the Mississippi Sound, St. Louis Bay, 1282
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1283
of the county in which the port is located have not voted to 1284
prohibit such betting, gaming or wagering on cruise vessels as 1285
provided in Section 19-3-79; 1286
(b) In a structure located, in whole or in part, on 1287
shore in any of the three (3) most southern counties in the State 1288
of Mississippi in which the registered voters of the county have 1289
voted to allow such betting, gaming or wagering on cruise vessels 1290
as provided in Section 19-3-79, if: 1291
(i) The structure is owned, leased or controlled 1292
by a person possessing a gaming license, as defined in Section 1293
75-76-5, to conduct legal gaming * * * and before August 29, 2005, 1294
legal gaming could have been conducted by a person possessing a 1295
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gaming license, as defined in Section 75-76-5, under paragraph (a) 1296
of this section, upon a docked cruise vessel * * * in the waters 1297
within the State of Mississippi adjacent to the location of the 1298
proposed structure at the mean high-water line (as defined in 1299
Section 29-15-1) referenced in and used pursuant to subparagraph 1300
(b)(ii) of this section; 1301
(ii) The part of the structure in which licensed 1302
gaming activities are conducted is located entirely in an area 1303
which is located no more than eight hundred (800) feet from any 1304
and all points of reference along the mean high-water line (as 1305
defined in Section 29-15-1) of the waters within the State of 1306
Mississippi, which lie adjacent to the State of Mississippi south 1307
of the three (3) most southern counties in the State of 1308
Mississippi, including the Mississippi Sound, St. Louis Bay, 1309
Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi 1310
Sound at Harrison County only, no farther north than the southern 1311
boundary of the right-of-way for U.S. Highway 90, whichever is 1312
greater; and 1313
(iii) In the case of a structure that is located 1314
in whole or part on shore, the part of the structure in which 1315
licensed gaming activities are conducted shall * * * be located on 1316
property which is owned and/or leased solely by the person 1317
described in subparagraph (b)(i) of this section possessing the 1318
gaming license, as defined in Section 75-76-5, all such owned 1319
and/or leased property shall be subject to the exclusive use, 1320
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possession and control of such licensee and all such owned and/or 1321
leased property must be contiguously owned and/or leased by such 1322
licensee from the area upon which the structure is located to all 1323
points on the mean high-water line referenced and used pursuant to 1324
subparagraph (b)(ii) of this section; provided that no portion of 1325
such owned and/or leased property shall include any portion of the 1326
sand beach, no mean high-water line referenced and used pursuant 1327
to subparagraph (b)(ii) of this section may be located adjacent to 1328
any portion of the sand beach and such owned and/or leased 1329
property at its narrowest point may not be less in width than 1330
required to accommodate a cruise vessel. As used in this 1331
subparagraph (b)(iii), sand beach shall mean the natural or 1332
manmade sand beach along any natural coastline which lies adjacent 1333
to the State of Mississippi south of the three (3) most southern 1334
counties in the State of Mississippi, including the Mississippi 1335
Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary 1336
line drawn from any point along the mean high-water line 1337
referenced and used pursuant to subparagraph (b)(ii) of this 1338
section to any other point of reference to determine the legal 1339
location of the gaming floor in the structure must cross only 1340
property owned by and/or leased by and under the exclusive use, 1341
possession and control of the person described in subparagraph 1342
(b)(i) of this section possessing a gaming license, as defined in 1343
Section 75-76-5. A project must meet the minimum size, minimum 1344
improvements and other such project requirements set forth in 1345
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rules and regulations adopted by the commission as authorized by 1346
Section 75-76-33 and Section 75-76-77. Easements * * * for 1347
rights-of-way for public streets and highways shall not be 1348
construed to interrupt the contiguous nature of the parcel, nor 1349
shall the footage contained within the easements and rights-of-way 1350
be counted in the calculation of the distances specified in 1351
subparagraph (ii) of this section; 1352
(c) On a vessel as defined in Section 27-109-1 whenever 1353
such vessel is on the Mississippi River or navigable waters within 1354
any county bordering on the Mississippi River, and in which the 1355
registered voters of the county in which the port is located have 1356
not voted to prohibit such betting, gaming or wagering on vessels 1357
as provided in Section 19-3-79; or 1358
(d) That is legal under the laws of the State of 1359
Mississippi. 1360
(5) Notwithstanding any provision of this section to the 1361
contrary, it shall not be unlawful (a) to own, possess, repair or 1362
control any gambling device, machine or equipment in a licensed 1363
gaming establishment or on the business premises appurtenant to 1364
any such licensed gaming establishment during any period of time 1365
in which such licensed gaming establishment is being constructed, 1366
repaired, maintained or operated in this state; (b) to install any 1367
gambling device, machine or equipment in any licensed gaming 1368
establishment; (c) to possess or control any gambling device, 1369
machine or equipment during the process of procuring or 1370
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transporting such device, machine or equipment for installation on 1371
any such licensed gaming establishment; or (d) to store in a 1372
warehouse or other storage facility any gambling device, machine, 1373
equipment, or part thereof, regardless of whether the county or 1374
municipality in which the warehouse or storage facility is located 1375
has approved gaming aboard cruise vessels or vessels, provided 1376
that such device, machine or equipment is operated only in a 1377
county or municipality that has approved gaming aboard cruise 1378
vessels or vessels. Any gambling device, machine or equipment 1379
that is owned, possessed, controlled, installed, procured, 1380
repaired, transported or stored in accordance with this subsection 1381
shall not be subject to confiscation, seizure or destruction, and 1382
any person, firm, partnership or corporation which owns, 1383
possesses, controls, installs, procures, repairs, transports or 1384
stores any gambling device, machine or equipment in accordance 1385
with this subsection shall not be subject to any prosecution or 1386
penalty under this section. Any person constructing or repairing 1387
such cruise vessels or vessels within a municipality shall comply 1388
with all municipal ordinances protecting the general health or 1389
safety of the residents of the municipality. 1390
SECTION 18. Section 97-33-17, Mississippi Code of 1972, is 1391
amended as follows: 1392
97-33-17. (1) All monies exhibited for the purpose of 1393
betting or alluring persons to bet at any game, and all monies 1394
staked or betted, shall be liable to seizure by any sheriff, 1395
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constable, or police officer, together with all the appliances 1396
used or kept for use in gambling, or by any other person; and all 1397
the monies so seized shall be accounted for by the person making 1398
the seizure, and all appliances seized shall be destroyed; 1399
provided, however, this section shall not apply to betting, gaming 1400
or wagering on: 1401
(a) A cruise vessel as defined in Section 27-109-1 1402
whenever such vessel is in the waters within the State of 1403
Mississippi, which lie adjacent to the State of Mississippi south 1404
of the three (3) most southern counties in the State of 1405
Mississippi, including the Mississippi Sound, St. Louis Bay, 1406
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1407
of the county in which the port is located have not voted to 1408
prohibit such betting, gaming or wagering on cruise vessels as 1409
provided in Section 19-3-79; 1410
(b) In a structure located in whole or in part on shore 1411
in any of the three (3) most southern counties in the State of 1412
Mississippi in which the registered voters of the county have 1413
voted to allow such betting, gaming or wagering on cruise vessels 1414
as provided in Section 19-3-79, if: 1415
(i) The structure is owned, leased or controlled 1416
by a person possessing a gaming license, as defined in Section 1417
75-76-5, to conduct legal gaming * * * and before August 29, 2005, 1418
legal gaming could have been conducted by a person possessing a 1419
gaming license, as defined in Section 75-76-5, under paragraph (a) 1420
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of this section, upon a docked cruise vessel * * * in the waters 1421
within the State of Mississippi adjacent to the location of the 1422
proposed structure at the mean high-water line (as defined in 1423
Section 29-15-1) referenced in and used pursuant to subparagraph 1424
(b)(ii) of this section; 1425
(ii) The part of the structure in which licensed 1426
gaming activities are conducted is located entirely in an area 1427
which is located no more than eight hundred (800) feet from any 1428
and all points of reference along the mean high-water line (as 1429
defined in Section 29-15-1) of the waters within the State of 1430
Mississippi, which lie adjacent to the State of Mississippi south 1431
of the three (3) most southern counties in the State of 1432
Mississippi, including the Mississippi Sound, St. Louis Bay, 1433
Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi 1434
Sound at Harrison County only, no farther north than the southern 1435
boundary of the right-of-way for U.S. Highway 90, whichever is 1436
greater; and 1437
(iii) In the case of a structure that is located 1438
in whole or part on shore, the part of the structure in which 1439
licensed gaming activities are conducted shall * * * be located on 1440
property which is owned and/or leased solely by the person 1441
described in subparagraph (b)(i) of this section possessing the 1442
gaming license, as defined in Section 75-76-5, all such owned 1443
and/or leased property shall be subject to the exclusive use, 1444
possession and control of such licensee and all such owned and/or 1445
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leased property must be contiguously owned and/or leased by such 1446
licensee from the area upon which the structure is located to all 1447
points on the mean high-water line referenced and used pursuant to 1448
subparagraph (b)(ii) of this section; provided that no portion of 1449
such owned and/or leased property shall include any portion of the 1450
sand beach, no mean high-water line referenced and used pursuant 1451
to subparagraph (b)(ii) of this section may be located adjacent to 1452
any portion of the sand beach and such owned and/or leased 1453
property at its narrowest point may not be less in width than 1454
required to accommodate a cruise vessel. As used in this 1455
subparagraph (b)(iii), sand beach shall mean the natural or 1456
manmade sand beach along any natural coastline which lies adjacent 1457
to the State of Mississippi south of the three (3) most southern 1458
counties in the State of Mississippi, including the Mississippi 1459
Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary 1460
line drawn from any point along the mean high-water line 1461
referenced and used pursuant to subparagraph (b)(ii) of this 1462
section to any other point of reference to determine the legal 1463
location of the gaming floor in the structure must cross only 1464
property owned by and/or leased by and under the exclusive use, 1465
possession and control of the person described in subparagraph 1466
(b)(i) of this section possessing a gaming license, as defined in 1467
Section 75-76-5. A project must meet the minimum size, minimum 1468
improvements and other such project requirements set forth in 1469
rules and regulations adopted by the commission as authorized by 1470
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Section 75-76-33 and Section 75-76-77. Easements * * * for 1471
rights-of-way for public streets and highways shall not be 1472
construed to interrupt the contiguous nature of the parcel, nor 1473
shall the footage contained within the easements and rights-of-way 1474
be counted in the calculation of the distances specified in 1475
subparagraph (ii) * * * of this section; 1476
(c) A vessel as defined in Section 27-109-1 whenever 1477
such vessel is on the Mississippi River or navigable waters within 1478
any county bordering on the Mississippi River, and in which the 1479
registered voters of the county in which the port is located have 1480
not voted to prohibit such betting, gaming or wagering on vessels 1481
as provided in Section 19-3-79; or 1482
(d) That is legal under the laws of the State of 1483
Mississippi. 1484
(2) Nothing in this section shall apply to any gambling 1485
device, machine or equipment that is owned, possessed, controlled, 1486
installed, procured, repaired or transported in accordance with 1487
subsection (4) of Section 97-33-7. 1488
SECTION 19. Section 97-33-25, Mississippi Code of 1972, is 1489
amended as follows: 1490
97-33-25. If any person shall sell or buy, either directly 1491
or indirectly, any chance in what is commonly called pool, upon 1492
any event whatever, or shall in any manner engage in such business 1493
or pastime, he shall be fined not more than Five Hundred Dollars 1494
($500.00) or shall be imprisoned in the county jail not more than 1495
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ninety (90) days; provided, however, this section shall not apply 1496
to betting, gaming or wagering: 1497
(a) On a cruise vessel as defined in Section 27-109-1 1498
whenever such vessel is in the waters within the State of 1499
Mississippi, which lie adjacent to the State of Mississippi south 1500
of the three (3) most southern counties in the State of 1501
Mississippi, including the Mississippi Sound, St. Louis Bay, 1502
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1503
of the county in which the port is located have not voted to 1504
prohibit such betting, gaming or wagering on cruise vessels as 1505
provided in Section 19-3-79; 1506
(b) In a structure located in whole or in part on shore 1507
in any of the three (3) most southern counties in the State of 1508
Mississippi in which the registered voters of the county have 1509
voted to allow such betting, gaming or wagering on cruise vessels 1510
as provided in Section 19-3-79, if: 1511
(i) The structure is owned, leased or controlled 1512
by a person possessing a gaming license, as defined in Section 1513
75-76-5, to conduct legal gaming * * * and before August 29, 2005, 1514
legal gaming could have been conducted by a person possessing a 1515
gaming license, as defined in Section 75-76-5, under paragraph (a) 1516
of this section, upon a docked cruise vessel * * * in the waters 1517
within the State of Mississippi adjacent to the location of the 1518
proposed structure at the mean high-water line (as defined in 1519
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Section 29-15-1) referenced in and used pursuant to subparagraph 1520
(b)(ii) of this section; 1521
(ii) The part of the structure in which licensed 1522
gaming activities are conducted is located entirely in an area 1523
which is located no more than eight hundred (800) feet from any 1524
and all points of reference along the mean high-water line (as 1525
defined in Section 29-15-1) of the waters within the State of 1526
Mississippi, which lie adjacent to the State of Mississippi south 1527
of the three (3) most southern counties in the State of 1528
Mississippi, including the Mississippi Sound, St. Louis Bay, 1529
Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi 1530
Sound at Harrison County only, no farther north than the southern 1531
boundary of the right-of-way for U.S. Highway 90, whichever is 1532
greater; and 1533
(iii) In the case of a structure that is located 1534
in whole or part on shore, the part of the structure in which 1535
licensed gaming activities are conducted shall * * * be located on 1536
property which is owned and/or leased solely by the person 1537
described in subparagraph (b)(i) of this section possessing the 1538
gaming license, as defined in Section 75-76-5, all such owned 1539
and/or leased property shall be subject to the exclusive use, 1540
possession and control of such licensee and all such owned and/or 1541
leased property must be contiguously owned and/or leased by such 1542
licensee from the area upon which the structure is located to all 1543
points on the mean high-water line referenced and used pursuant to 1544
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subparagraph (b)(ii) of this section; provided that no portion of 1545
such owned and/or leased property shall include any portion of the 1546
sand beach, no mean high-water line referenced and used pursuant 1547
to subparagraph (b)(ii) of this section may be located adjacent to 1548
any portion of the sand beach and such owned and/or leased 1549
property at its narrowest point may not be less in width than 1550
required to accommodate a cruise vessel. As used in this 1551
subparagraph (b)(iii), sand beach shall mean the natural or 1552
manmade sand beach along any natural coastline which lies adjacent 1553
to the State of Mississippi south of the three (3) most southern 1554
counties in the State of Mississippi, including the Mississippi 1555
Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary 1556
line drawn from any point along the mean high-water line 1557
referenced and used pursuant to subparagraph (b)(ii) of this 1558
section to any other point of reference to determine the legal 1559
location of the gaming floor in the structure must cross only 1560
property owned by and/or leased by and under the exclusive use, 1561
possession and control of the person described in subparagraph 1562
(b)(i) of this section possessing a gaming license, as defined in 1563
Section 75-76-5. A project must meet the minimum size, minimum 1564
improvements and other such project requirements set forth in 1565
rules and regulations adopted by the commission as authorized by 1566
Section 75-76-33 and Section 75-76-77. Easements * * * for 1567
rights-of-way for public streets and highways shall not be 1568
construed to interrupt the contiguous nature of the parcel, nor 1569
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shall the footage contained within the easements and rights-of-way 1570
be counted in the calculation of the distances specified in 1571
subparagraph (ii) * * * of this section; 1572
(c) On a vessel as defined in Section 27-109-1 whenever 1573
such vessel is on the Mississippi River or navigable waters within 1574
any county bordering on the Mississippi River, and in which the 1575
registered voters of the county in which the port is located have 1576
not voted to prohibit such betting, gaming or wagering on vessels 1577
as provided in Section 19-3-79; or 1578
(d) That is legal under the laws of the State of 1579
Mississippi. 1580
SECTION 20. Section 97-33-27, Mississippi Code of 1972, is 1581
amended as follows: 1582
97-33-27. If any person shall bet on a horse race or a yacht 1583
race or on a shooting match, he shall be fined not more than Five 1584
Hundred Dollars ($500.00), and, unless the fine and costs be 1585
immediately paid, he shall be imprisoned in the county jail not 1586
more than ninety (90) days; provided, however, this section shall 1587
not apply to betting, gaming or wagering: 1588
(a) On a cruise vessel as defined in Section 27-109-1 1589
whenever such vessel is in the waters within the State of 1590
Mississippi, which lie adjacent to the State of Mississippi south 1591
of the three (3) most southern counties in the State of 1592
Mississippi, including the Mississippi Sound, St. Louis Bay, 1593
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1594
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of the county in which the port is located have not voted to 1595
prohibit such betting, gaming or wagering on cruise vessels as 1596
provided in Section 19-3-79; 1597
(b) In a structure located in whole or in part on shore 1598
in any of the three (3) most southern counties in the State of 1599
Mississippi in which the registered voters of the county have 1600
voted to allow such betting, gaming or wagering on cruise vessels 1601
as provided in Section 19-3-79, if: 1602
(i) The structure is owned, leased or controlled 1603
by a person possessing a gaming license, as defined in Section 1604
75-76-5, to conduct legal gaming * * * and before August 29, 2005, 1605
legal gaming could have been conducted by a person possessing a 1606
gaming license, as defined in Section 75-76-5, under paragraph (a) 1607
of this section, upon a docked cruise vessel * * * in the waters 1608
within the State of Mississippi adjacent to the location of the 1609
proposed structure at the mean high-water line (as defined in 1610
Section 29-15-1) referenced in and used pursuant to subparagraph 1611
(b)(ii) of this section; 1612
(ii) The part of the structure in which licensed 1613
gaming activities are conducted is located entirely in an area 1614
which is located no more than eight hundred (800) feet from any 1615
and all points of reference along the mean high-water line (as 1616
defined in Section 29-15-1) of the waters within the State of 1617
Mississippi, which lie adjacent to the State of Mississippi south 1618
of the three (3) most southern counties in the State of 1619
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Mississippi, including the Mississippi Sound, St. Louis Bay, 1620
Biloxi Bay and Pascagoula Bay, or, with regard to the Mississippi 1621
Sound at Harrison County only, no farther north than the southern 1622
boundary of the right-of-way for U.S. Highway 90, whichever is 1623
greater; and 1624
(iii) In the case of a structure that is located 1625
in whole or part on shore, the part of the structure in which 1626
licensed gaming activities are conducted shall * * * be located on 1627
property which is owned and/or leased solely by the person 1628
described in subparagraph (b)(i) of this section possessing the 1629
gaming license, as defined in Section 75-76-5, all such owned 1630
and/or leased property shall be subject to the exclusive use, 1631
possession and control of such licensee and all such owned and/or 1632
leased property must be contiguously owned and/or leased by such 1633
licensee from the area upon which the structure is located to all 1634
points on the mean high-water line referenced and used pursuant to 1635
subparagraph (b)(ii) of this section; provided that no portion of 1636
such owned and/or leased property shall include any portion of the 1637
sand beach, no mean high-water line referenced and used pursuant 1638
to subparagraph (b)(ii) of this section may be located adjacent to 1639
any portion of the sand beach and such owned and/or leased 1640
property at its narrowest point may not be less in width than 1641
required to accommodate a cruise vessel. As used in this 1642
subparagraph (b)(iii), sand beach shall mean the natural or 1643
manmade sand beach along any natural coastline which lies adjacent 1644
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to the State of Mississippi south of the three (3) most southern 1645
counties in the State of Mississippi, including the Mississippi 1646
Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. An imaginary 1647
line drawn from any point along the mean high-water line 1648
referenced and used pursuant to subparagraph (b)(ii) of this 1649
section to any other point of reference to determine the legal 1650
location of the gaming floor in the structure must cross only 1651
property owned by and/or leased by and under the exclusive use, 1652
possession and control of the person described in subparagraph 1653
(b)(i) of this section possessing a gaming license, as defined in 1654
Section 75-76-5. A project must meet the minimum size, minimum 1655
improvements and other such project requirements set forth in 1656
rules and regulations adopted by the commission as authorized by 1657
Section 75-76-33 and Section 75-76-77. Easements * * * for 1658
rights-of-way for public streets and highways shall not be 1659
construed to interrupt the contiguous nature of the parcel, nor 1660
shall the footage contained within the easements and rights-of-way 1661
be counted in the calculation of the distances specified in 1662
subparagraph (ii) * * * of this section; 1663
(c) On a vessel as defined in Section 27-109-1 whenever 1664
such vessel is on the Mississippi River or navigable waters within 1665
any county bordering on the Mississippi River, and in which the 1666
registered voters of the county in which the port is located have 1667
not voted to prohibit such betting, gaming or wagering on vessels 1668
as provided in Section 19-3-79; or 1669
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(d) That is legal under the laws of the State of 1670
Mississippi. 1671
SECTION 21. Section 29-15-7, Mississippi Code of 1972, is 1672
brought forward as follows: 1673
29-15-7. (1) The Secretary of State, in cooperation with 1674
other state agencies, shall prepare a Preliminary Map of Public 1675
Trust Tidelands. The preliminary map shall depict the boundary as 1676
the current mean high water line where shoreline is undeveloped 1677
and in developed areas or where there have been encroachments, 1678
such maps shall depict the boundary as the determinable mean high 1679
water line nearest the effective date of the Coastal Wetlands 1680
Protection Act. 1681
(2) The state recognizes that the boundary of the public 1682
trust tidelands is ambulatory and that the natural inland 1683
expansion of tide waters over land not previously subject to the 1684
ebb and flow of the tide increases the land subject to the public 1685
trust, while natural accretion, the gradual and imperceptible 1686
accumulation of land by natural causes, and natural reliction, the 1687
increase of land by permanent withdrawal or retrocession of tidal 1688
waters by natural causes, diminish the land subject to the public 1689
trust and increase the property owned by the contiguous upland 1690
owner. Likewise, the state recognizes the common law doctrine as 1691
it pertains to such tidelands, submerged lands and riparian and 1692
littoral rights and declares such to be the law of this state. 1693
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(3) The preliminary map shall be transmitted to each of the 1694
chancery clerks of the coastal counties, and each chancery clerk 1695
shall post such map in a public place in his office. The 1696
Secretary of State shall also cause to be published in a newspaper 1697
of general circulation within each coastal county a notice 1698
announcing that a copy of the Preliminary Map of Public Trust 1699
Tidelands is available for public inspection at the office of the 1700
chancery clerk of that county, and shall post a similar notice in 1701
at least three (3) public places in each coastal county in this 1702
state. The preliminary map shall also be open to public 1703
inspection at the office of the Secretary of State. 1704
(4) The Secretary of State shall allow sixty (60) days after 1705
publication of the preliminary map for submission of comments 1706
and/or additional documentation and may, at his discretion, revise 1707
the map accordingly. Within twenty (20) days of the completion of 1708
the period for submission of comments, the Secretary of State 1709
shall have incorporated any revisions to the Preliminary Map of 1710
Public Trust Tidelands and certify its final adoption. The 1711
certified map as finally adopted shall be published as provided 1712
hereinabove. The final certified map shall be duly recorded in 1713
the land records of the chancery clerks office in Hancock, 1714
Harrison and Jackson Counties. Upon recordation, the certified 1715
map shall be final to those properties not subject to the trust. 1716
The Secretary of State shall issue to all consenting property 1717
owners a certificate stating that the described property does not 1718
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lie within the boundary of the public trust tidelands and is not 1719
subject to the trust. The Secretary of State shall duly file such 1720
certificates with the proper chancery clerks office for 1721
recordation. In addition, the certified map shall be placed in 1722
the Secretary of State's permanent register which shall be open to 1723
public inspection. Within one hundred twenty (120) days of final 1724
adoption of the certified map, the Secretary of State shall 1725
determine those property owners whose lands are subject of the 1726
public trust and are in violation of such trust. The Secretary of 1727
State shall notify all such owners by certified mail and shall 1728
include an explanation of the procedure available to the occupant 1729
to resolve any dispute with respect to this map. The notice shall 1730
also inform occupants that after three (3) years the boundary as 1731
set forth in the certified map shall become final unless the 1732
occupant has submitted a contrary claim to the office of the 1733
Secretary of State. Such property owner shall have six (6) months 1734
to negotiate and settle differences with the Secretary of State. 1735
The Secretary of State may allow extensions at his discretion. A 1736
boundary determination shall be final upon agreement of the 1737
Secretary of State and the owner and an instrument setting forth 1738
the boundary agreement shall be duly executed and recorded in the 1739
chancery court where the property is located. Any such boundary 1740
agreement shall be binding on the state and other parties thereto. 1741
(5) If any dispute as to the location of the boundary of the 1742
public trust cannot be negotiated and settled between the affected 1743
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property owners and the Secretary of State within six (6) months 1744
after notice by the state of its claim, either the state or a 1745
person claiming an interest in the property may apply to the 1746
chancery court of the county in which the property is located for 1747
a resolution of the dispute and a determination of the location of 1748
the boundary. All persons having an interest in the property 1749
subject to the dispute shall be made a party to such proceeding. 1750
In any such action, the state shall have the burden of proof by a 1751
preponderance of evidence that any such land is subject to the 1752
trust. 1753
(6) Nothing in this section is intended to preclude any 1754
party from pursuing remedies otherwise available at law, including 1755
but not limited to those provided in Sections 11-17-1 et seq., 1756
except that if no action is taken by the occupant within three (3) 1757
years of receipt of notice as described above, the boundary as 1758
determined by the certified map shall become final. 1759
SECTION 22. Section 29-15-11, Mississippi Code of 1972, is 1760
brought forward as follows: 1761
29-15-11. (1) Except as provided in subsection (2) of this 1762
section, upon the proper authorized leasing of any state public 1763
trust tidelands, or submerged lands, the lessee shall be 1764
responsible for any county or municipal tax levy upon the 1765
leasehold interest. 1766
(2) Any leases and/or subleases granted by or through the 1767
Department of Marine Resources under the provisions of Sections 1768
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49-15-27, 49-15-37 or 49-15-46 shall be exempt from any county or 1769
municipal tax levy upon the leasehold interests. 1770
SECTION 23. Section 29-15-15, Mississippi Code of 1972, is 1771
brought forward as follows: 1772
29-15-15. The Legislature hereby declares that accurate maps 1773
of coastal areas are required for many public purposes, and a 1774
state public trust tidelands mapping program establishing uniform 1775
standards and procedures is declared to be in the public interest. 1776
SECTION 24. Section 29-15-17, Mississippi Code of 1972, is 1777
brought forward as follows: 1778
29-15-17. (1) After the preparation and publication of the 1779
certified preliminary map, as finally adopted and provided for in 1780
Section 29-15-7, the commission is authorized and directed to 1781
conduct a comprehensive program of public trust tidelands boundary 1782
mapping with the object of providing accurate surveys of such 1783
lands of the state. 1784
(2) In addition to other such powers as may be specifically 1785
delegated to it, the commission is authorized to perform the 1786
following functions: 1787
(a) To coordinate the efforts of all public and private 1788
agencies and organizations engaged in the making of tidal surveys 1789
and maps of the coastal areas of this state, with the object of 1790
avoiding unnecessary duplication and overlapping; 1791
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(b) To serve as a coordinating state agency for any 1792
program of tidal surveying and mapping conducted by the federal 1793
government; 1794
(c) To assist any court, tribunal, administrative 1795
agency or political subdivision, and to make available to them 1796
information regarding tidal surveying and coastal boundary 1797
determinations; 1798
(d) To contract with federal, state or local agencies 1799
or with private parties for the performance of any surveys, 1800
studies, investigations or mapping activities, for preparation and 1801
publication of the results thereof, or for other authorized 1802
functions relating to the objectives of this part; 1803
(e) To develop permanent records of tidal surveys and 1804
maps of the state's coastal areas; 1805
(f) To develop uniform specifications and regulations 1806
for tidal surveying and mapping coastal areas of the state; 1807
(g) To collect and preserve appropriate survey data 1808
from coastal areas; and 1809
(h) To act as a public repository for copies of coastal 1810
area maps and to establish a library of such maps and charts. 1811
SECTION 25. Section 29-15-19, Mississippi Code of 1972, is 1812
brought forward as follows: 1813
29-15-19. All maps produced under this program shall conform 1814
at least to minimal national map accuracy standards. 1815
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SECTION 26. Section 29-15-21, Mississippi Code of 1972, is 1816
brought forward as follows: 1817
29-15-21. The establishment of local tidal datums and the 1818
determination of the location of the mean high water line or the 1819
mean low water line, whether by federal, state or local agencies 1820
or private parties, shall be made in accordance with the standards 1821
and procedures set forth in this chapter, and in accordance with 1822
supplementary regulations promulgated by the commission. 1823
SECTION 27. Section 29-15-23, Mississippi Code of 1972, is 1824
brought forward as follows: 1825
29-15-23. (1) The establishment of local tidal datums and 1826
the determination of the location of the mean high water line or 1827
the mean low water line shall be performed by qualified personnel 1828
licensed by the Board of Professional Land Surveyors or by 1829
representatives of the United States Government when approved by 1830
the commission. 1831
(2) The location of the mean high water line or the mean low 1832
water line shall be determined by methods which are approved by 1833
the commission for the area concerned. 1834
SECTION 28. Section 59-15-3, Mississippi Code of 1972, is 1835
brought forward as follows: 1836
59-15-3. All improvements and facilities constructed 1837
pursuant to this chapter shall be maintained and operated under 1838
the control of the city authorities. The city authorities of such 1839
city, or cities, shall, subject to and in accordance with any 1840
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agreement, or agreements, as may be made by any such city with the 1841
purchaser, or purchasers, of bonds or other obligations issued 1842
pursuant to this chapter, prescribe, levy and collect all rent, 1843
fees, tolls, revenues, privileges, commissions, and other charges 1844
in connection with the operation, use and occupancy of the 1845
aforesaid improvements and facilities, and shall pay over all net 1846
revenues derived from the operation of said improvements and 1847
facilities to any trustee or successor thereto designated as 1848
hereinafter in this chapter provided. The net revenues shall be 1849
deemed to be such as may be defined in any agreement, or 1850
agreements, entered into between any such city, and the purchaser, 1851
or purchasers, of any bonds or other obligations issued pursuant 1852
to this chapter. The authorities of any such city, or cities, 1853
shall make a financial report to the said trustee annually of the 1854
operation of the aforesaid improvements and facilities. 1855
SECTION 29. Section 59-15-5, Mississippi Code of 1972, is 1856
brought forward as follows: 1857
59-15-5. In connection with the issuance of bonds or other 1858
obligations by any municipality pursuant to this chapter or in 1859
order to secure the payment of said bonds or other obligations, 1860
such municipality shall have power: 1861
(a) To accept grants from the United States of America, 1862
the President of the United States, or such agencies, 1863
instrumentalities or corporations as may be designated or created 1864
to make grants or loans (hereinafter termed "federal agency") 1865
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pursuant to any act of the Congress of the United States providing 1866
for the construction of useful public works for or in aid of work, 1867
development authorized by this chapter. 1868
(b) To make such contracts and execute such instruments 1869
containing such provisions, covenants and conditions as in the 1870
discretion of the authorities of any such municipalities may be 1871
necessary, proper or advisable for the purpose of obtaining or 1872
securing grants, loans, or other financial assistance from any 1873
federal agency pursuant to any act of Congress of the United 1874
States, to make such further, different or additional contracts 1875
and execute all instruments necessary or convenient in or for the 1876
furtherance of any work, development or improvement, including but 1877
not limited to all property real and personal appurtenant thereto 1878
or connected therewith and the existing work, development or 1879
improvement, if any, to which the work, development or improvement 1880
authorized by this chapter is an extension, addition, betterment 1881
or embellishment (hereinafter termed "work, development or 1882
improvement"), to carry out and perform the terms and conditions 1883
of any such contract or instrument. 1884
(c) To pledge all or any part of the fees, rents, 1885
tolls, revenues or other charges received or receivable by such 1886
municipality from any work, development or improvement to which 1887
its right then exists or the right to which may thereafter come 1888
into existence. 1889
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(d) To covenant against the pledging of all or any part 1890
of the fees, rents, tolls, revenues or other charges received or 1891
receivable by such municipality from any work, development or 1892
improvement to which its right then exists or the right to which 1893
may thereafter come into existence so long as any of the bonds or 1894
other obligations issued under the provisions of this chapter 1895
remain unpaid. 1896
(e) To covenant against the incumbering of all or any 1897
part of any work, development or improvement or against permitting 1898
or suffering any lien thereon so long as any of the bonds or other 1899
obligations issued under the provisions of this chapter remain 1900
unpaid. 1901
(f) To covenant as to what other or additional debt may 1902
be incurred by such municipality. 1903
(g) To provide for the preparation, specifications, 1904
terms, form, registration, extension, execution and authentication 1905
of any bonds or other obligations issued pursuant to this chapter. 1906
(h) To provide for the replacement of lost, destroyed 1907
or mutilated bonds or other obligations issued pursuant to this 1908
chapter. 1909
(i) To covenant as to the fees, rents, revenues, 1910
concessions or tolls to be charged, the amount to be raised each 1911
year or other period of time and as to the use and disbursement to 1912
be made thereof. 1913
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(j) To covenant to set aside or to pay over reserves 1914
and sinking funds and as to the disposal thereof. 1915
(k) To redeem prior to maturity, with or without 1916
premium, bonds or other obligations issued pursuant to this 1917
chapter and to covenant for their prior redemption and to provide 1918
the terms and conditions thereof. 1919
(l) To covenant against extending the time for the 1920
payment of the interest on or principal of the bonds or other 1921
obligations issued pursuant to this chapter directly or indirectly 1922
by any means or in any manner. 1923
(m) To covenant as to books of account of such 1924
municipality and as to the inspection and audit thereof and as to 1925
the accounting methods. 1926
(n) To covenant as to the rights, liabilities, powers 1927
and duties arising upon the breach by such municipality of any 1928
covenant, condition or obligation assumed pursuant to this 1929
chapter. 1930
(o) To make such covenants and do any and all such acts 1931
and things as may be necessary, convenient or desirable in order 1932
to secure any bonds or other obligations issued pursuant to this 1933
chapter or in the absolute discretion of the authorities of such 1934
municipality in order to make such bonds or other obligations more 1935
marketable, notwithstanding that such covenants, acts, or things 1936
may not be enumerated herein or expressly authorized herein; it 1937
being the intention hereby to give the authorities of any 1938
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municipality issuing bonds or other obligations pursuant to this 1939
chapter the power to do all things in the issuance of said bonds 1940
or other obligations and for their execution that may not be 1941
inconsistent with the constitution of the State of Mississippi. 1942
SECTION 30. Section 59-15-7, Mississippi Code of 1972, is 1943
brought forward as follows: 1944
59-15-7. Any city as is described in Section 59-15-1, is 1945
hereby given authority, upon the adoption of a resolution to such 1946
effect, to issue bonds or other obligations for any or all of the 1947
purposes as in this chapter herein provided; but such bonds or 1948
other obligations shall not be issued unless and until the 1949
governing authorities of the municipality are first authorized and 1950
requested so to do by a petition signed by not less than 1951
seventy-five per cent of the qualified electors of the 1952
municipality, or until authorized so to do by two-thirds of the 1953
qualified electors of the municipality who vote in an election 1954
called for that purpose. Said petition, or the ballot used in 1955
such election, as the case may be, shall disclose the purposes for 1956
which said funds are sought, and all funds derived thereunder 1957
shall be kept in a separate account by the municipality and shall 1958
be used solely for the purposes set forth in said petition, or 1959
upon the aforesaid ballot, as the case may be. The books of 1960
accounts and other sources of information pertaining to duties 1961
under the provisions of this chapter of any such city shall be and 1962
remain at all times open to inspection and subject to audit by the 1963
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holder or holders of any bonds or other obligations issued 1964
pursuant to this chapter. 1965
SECTION 31. Section 59-15-9, Mississippi Code of 1972, is 1966
brought forward as follows: 1967
59-15-9. The bonds or other obligations issued by any 1968
municipality of the State of Mississippi pursuant to the 1969
provisions of this chapter shall be secured as to payment as 1970
hereinafter in this chapter provided, and in addition thereto 1971
shall be secured as to payment by the full faith and credit of the 1972
municipality issuing the same, and the governing authorities of 1973
such municipality shall annually levy a tax on all the taxable 1974
property of such municipality sufficient to produce an amount, 1975
which, when added to the net revenues hereinafter in this chapter 1976
authorized to be pledged for the payment thereof, will be 1977
sufficient to pay all interest and principal of such bonds which 1978
may mature during such annual period. Such bonds or other 1979
obligations so issued, being additionally secured as to payment as 1980
hereinafter in this chapter provided, shall not be construed as a 1981
debt within the meaning of any statutory limitation as to the 1982
amount of which may be incurred by any such municipality. 1983
SECTION 32. Section 59-15-11, Mississippi Code of 1972, is 1984
brought forward as follows: 1985
59-15-11. The power to issue bonds or other obligations 1986
authorized by Sections 59-15-1 through 59-15-9, shall be vested 1987
in, and may be exercised from time to time by, the governing body 1988
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of any municipality described in said sections. Such bonds or 1989
other obligations shall be authorized by resolution of the 1990
governing body of any such municipality and shall bear such date 1991
or dates, mature at such time or times, not exceeding twenty-five 1992
years from their respective dates, bear interest at such rate or 1993
rates, not exceeding four per centum per annum, be in such 1994
denomination, be in such form, either coupon or registered, carry 1995
such registration privileges, be executed in such manner, be 1996
payable in such medium of payment, at such place or places, and be 1997
subject to such terms of prior redemption, with or without premium 1998
as such resolution or resolutions may provide. Such bonds or other 1999
obligations may be sold at public or private sale for such price 2000
or prices as the governing body of such municipality shall 2001
determine, provided that the interest cost to maturity of the 2002
money received from any issue of said bonds or other obligations 2003
shall not exceed four per centum per annum. Such bonds or other 2004
obligations may be issued by any municipality described in 2005
Sections 59-15-1 through 59-15-9 in a principal amount not 2006
exceeding in the aggregate One Hundred Thousand Dollars 2007
($100,000.00), for any purpose or purposes authorized by said 2008
sections. Such municipality shall have power out of any funds 2009
available to purchase any bonds or other obligations issued by it 2010
pursuant to this chapter, and all bonds or other obligations so 2011
purchased shall be canceled and no bonds or other obligations 2012
shall be issued in lieu thereof. In anticipation of the issuance 2013
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of the definitive bonds authorized by this chapter, any such 2014
municipality may issue interim certificates. Such interim 2015
certificates shall be in such form, contain such terms, conditions 2016
or provisions, bear such date or dates, and evidence such 2017
agreement or agreements relating to their discharge by payment or 2018
by the delivery of the definitive bonds, as such municipality by 2019
resolution of its governing body may determine. Any bonds, 2020
interim certificates or other obligations issued pursuant to this 2021
chapter shall be fully negotiable within the meaning and for all 2022
the purposes of the Mississippi Uniform Commercial Code. 2023
SECTION 33. Section 59-15-13, Mississippi Code of 1972, is 2024
brought forward as follows: 2025
59-15-13. The proceeds from the sale of any bonds or other 2026
obligations issued pursuant to this chapter shall be placed to the 2027
credit of the municipality issuing such bonds in a bank or banks 2028
which are members of the Federal Reserve System and may be 2029
withdrawn therefrom in accordance with any agreement or agreements 2030
entered into between such municipality and the purchaser or 2031
purchasers of such bonds or other obligations and shall be used 2032
for no other purpose than the purpose or purposes set forth in the 2033
original resolution of the governing body of such municipality. 2034
Any officer or other person diverting or assisting to divert any 2035
such funds to any other purpose or purposes than the purpose or 2036
purposes originally set forth in said resolution of the governing 2037
body of such municipality shall be guilty of a felony and 2038
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punishable accordingly, and shall be liable both personally and on 2039
official bond for such diversion. Nothing in this chapter shall 2040
be construed as a guarantee on the part of such city to pay the 2041
principal of or interest on any bonds or other obligations issued 2042
pursuant to this chapter. 2043
SECTION 34. Section 59-15-15, Mississippi Code of 1972, is 2044
brought forward as follows: 2045
59-15-15. Any municipality issuing bonds or other 2046
obligations pursuant to this chapter by resolution or resolutions 2047
duly adopted, is hereby given authority to execute and deliver a 2048
mortgage or deed of trust on any or all lands, properties, 2049
improvements and facilities, the acquisition, construction, 2050
maintenance or operation of which are provided for by this 2051
chapter. Such resolution or resolutions of such municipality shall 2052
prescribe the provisions, covenants and conditions of any such 2053
mortgage or deed of trust. Such provisions, covenants and 2054
conditions, if not self-executing, may be enforced by appropriate 2055
proceedings, either in law or in equity. 2056
SECTION 35. Section 59-15-17, Mississippi Code of 1972, is 2057
brought forward as follows: 2058
59-15-17. Bonds or other obligations issued pursuant to this 2059
chapter and any interest thereon or income therefrom shall be 2060
exempt from all taxation, except gift, transfer or inheritance 2061
taxes, in so far as may be within the power of the State of 2062
Mississippi so to provide. 2063
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SECTION 36. Section 59-15-19, Mississippi Code of 1972, is 2064
brought forward as follows: 2065
59-15-19. Any municipality issuing bonds or other 2066
obligations pursuant to this chapter shall, so long as any such 2067
bonds or other obligations remain outstanding and unpaid, by 2068
resolution or resolutions duly adopted, authorize and appoint a 2069
trustee, satisfactory to the purchaser or purchasers of any bonds 2070
or other obligations issued pursuant to this chapter, or any 2071
successor thereto, with the following powers and duties: 2072
(a) Such trustee so appointed, or any successor 2073
thereto, shall receive and receipt for all money paid or to be 2074
paid to it in accordance with Section 59-15-3, constituting the 2075
net revenues derived from the operation of the improvements and 2076
facilities authorized by this chapter; 2077
(b) Such trustee so appointed, or any successor 2078
thereto, shall deposit all money received or to be received, in a 2079
special account or accounts in a bank or banks which are members 2080
of the Federal Reserve System, with such provisions for security 2081
therefor as may be incorporated in any agreement or agreements 2082
entered into between any such municipality and the purchaser or 2083
purchasers of any such bonds or other obligations; 2084
(c) Such trustee so appointed, or any successor 2085
thereto, shall use and apply all such money so received to the 2086
payment of principal of and interest on any bonds or other 2087
obligations issued by any municipality pursuant to this chapter, 2088
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as the same become due, and shall use and apply any surplus 2089
remaining after such payment or payments for the prior redemption, 2090
with or without premium, of bonds or other obligations issued by 2091
any municipality pursuant to this chapter, or in accordance with 2092
the provisions of any agreement or agreements as may be made 2093
between any municipality issuing bonds or other obligations 2094
pursuant to this chapter and the purchaser or purchasers of such 2095
bonds or other obligations; 2096
(d) Such trustee so appointed, or any successor 2097
thereto, shall have and be vested with all rights, powers and 2098
duties, in addition to the foregoing, as may be provided for in 2099
any agreement or agreements between any municipality issuing bonds 2100
or other obligations pursuant to this chapter and the purchaser or 2101
purchasers of such bonds or other obligations; 2102
(e) Such trustee so appointed, or any successor 2103
thereto, shall by an instrument in writing, accept such trust and 2104
shall file such written acceptance of such trust with the clerk of 2105
the municipality so appointing such trustee; 2106
(f) If such trustee so appointed, or any successor 2107
thereto, shall die, fail, neglect or refuse to perform any of the 2108
duties herein imposed or that may be imposed by reason of any of 2109
the provisions of any agreement or agreements as aforesaid, such 2110
trustee, or any successor thereto, shall, on the written request 2111
of the holder or holders of twenty per centum or more in aggregate 2112
principal amount of bonds or other obligations issued pursuant to 2113
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this chapter then outstanding and unpaid, be removed, by 2114
resolution duly adopted by the municipality by which such trustee, 2115
or any successor thereto, was appointed; and in such event, it 2116
shall be the duty of any such trustee so removed to effectuate a 2117
valid transfer of all money then in the possession or under the 2118
control of such trustee so removed to a duly appointed successor, 2119
and a failure on the part of such trustee so removed to do so 2120
shall constitute an embezzlement of such money and shall be 2121
punishable accordingly; 2122
(g) In the event any such trustee so appointed, or any 2123
successor thereto, shall die or be removed as hereinabove 2124
provided, it shall be the duty of any such municipality 2125
immediately by resolution duly adopted to appoint a trustee, as 2126
successor thereto, who is satisfactory to said holder or holders 2127
of twenty per centum or more in aggregate principal amount of 2128
bonds or other obligations issued pursuant to this chapter then 2129
outstanding and unpaid. 2130
SECTION 37. Section 59-7-1, Mississippi Code of 1972, is 2131
brought forward as follows: 2132
59-7-1. In all counties in the State of Mississippi in which 2133
there is located a harbor or port of entry where commodities are 2134
exported to foreign nations, and where there is maintained a 2135
channel and/or harbor or port to a depth of not less than twenty 2136
feet, the tax collector of said county shall pay into the county 2137
depository, the amount of two mills of all ad valorem taxes due by 2138
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said county to the State of Mississippi which is collected by the 2139
tax collector of said county or which may be collected by any 2140
other lawful taxing agency of such county and state for such 2141
county. 2142
SECTION 38. Section 59-7-3, Mississippi Code of 1972, is 2143
brought forward as follows: 2144
59-7-3. The board of supervisors of the county or counties 2145
designated in section 59-7-1 shall place all money so retained and 2146
collected in the county depository in the county to the credit of 2147
a fund which shall be known as a port fund, and such fund so 2148
deposited shall be used only for the maintenance, construction, 2149
promotion, advertising and general advancement of the port of 2150
entry so located in said county, and the fund shall be expended by 2151
the board of supervisors of the county for the maintenance, 2152
construction, promotion, advertisement, and general advancement of 2153
any port or ports of entry in said county or counties and the 2154
payment of any outstanding bonds and interest thereon heretofore 2155
or hereafter issued for port purposes by any municipality in which 2156
said port or ports are located as hereinafter provided. 2157
SECTION 39. Section 59-7-5, Mississippi Code of 1972, is 2158
brought forward as follows: 2159
59-7-5. The authorities of any municipality in which there 2160
is situated and located, in whole or in part, a port of entry 2161
through which commodities are imported and exported to foreign 2162
nations, which maintains a channel and/or harbor to a depth of not 2163
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less than twenty feet, are hereby given the authority to engage 2164
in, through the agency hereinafter provided and designated and 2165
such other agencies as hereinafter may be provided by law, work of 2166
internal improvement, or promoting, developing, constructing, 2167
maintaining, and operating harbors or seaports within the state 2168
and its jurisdiction, acting through the commission hereinafter 2169
provided for, shall have the power to acquire, purchase, install, 2170
lease, construct, own, hold, maintain, equip, use, control and 2171
operate at seaports, wharves, piers, docks, quays, grain 2172
elevators, cotton compresses, warehouses and other water and rail 2173
terminals and other structures, and facilities needful for the 2174
convenient use of the same in the aid of commerce including the 2175
dredging of approaches thereto, provided that such work on 2176
improvements and facilities shall always be and remain under the 2177
management and control of said municipality through the governing 2178
agency hereinafter provided and designated, or other such 2179
governing agency or agencies as hereinafter may be provided by 2180
law. The entire cost of the said municipality of engaging in such 2181
work or development shall not exceed the sum of One Million 2182
Dollars ($1,000,000.00). 2183
SECTION 40. Section 59-7-7, Mississippi Code of 1972, is 2184
brought forward as follows: 2185
59-7-7. All improvements, constructed by and under the 2186
provisions of this article, shall be operated under the control of 2187
a port commission as provided in Chapter 1 of this title. All 2188
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revenue created or collected from the use of said docks, harbors 2189
and facilities of whatsoever nature shall be paid into the city 2190
treasury of said port of entry to be used exclusively for the 2191
advancement, development and advertising of said port in 2192
whatsoever method or manner said port commissioners shall see fit, 2193
and all revenue provided for in this article, either by levy or 2194
collection from said docks and harbor facilities may be paid to 2195
the retirement of any bonds heretofore issued or hereafter issued 2196
by any such municipality for wharf construction or other port 2197
purposes, regardless of the time of issuance of such bonds. Said 2198
port commissioners of said port of entry shall make an annual 2199
report to the Governor of the State of Mississippi, to the State 2200
Legislature, to the board of supervisors, and to the municipal 2201
governing authorities. 2202
SECTION 41. Section 59-7-9, Mississippi Code of 1972, is 2203
brought forward as follows: 2204
59-7-9. All monies accruing by virtue of this article, 2205
either through revenues, tariffs, or bonds, or through other 2206
sources, shall be expended at the direction of the port commission 2207
appointed for any port of entry, as designated herein, and any 2208
bond issue hereunder by any municipality, coming under the 2209
provisions of this article, shall be exclusive of any and all 2210
other bonds issued by said municipality, and the same shall not be 2211
limited as now provided by law. 2212
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SECTION 42. Section 59-7-11, Mississippi Code of 1972, is 2213
brought forward as follows: 2214
59-7-11. The authorities of any municipality in which there 2215
is situated and located in whole or in part a port of entry 2216
through which commodities are imported or exported are hereby 2217
given authority to issue bonds or other obligations to construct 2218
all needful improvement or improvements in harbors within their 2219
corporate limits, and including the deepening of any part of said 2220
harbor or extending, enlarging and adding to the same by dredging 2221
of any part of said harbor or extending inland, to acquire, 2222
construct, repair and improve public wharves and docks of said 2223
municipality in connection with said harbor; to own, construct, 2224
lease and maintain sheds, warehouses, elevators, compresses and 2225
other works of public improvement, including roadways or rail 2226
trackage necessary or useful for such port, harbor and/or docks 2227
and wharf purposes. 2228
SECTION 43. Section 59-7-13, Mississippi Code of 1972, is 2229
brought forward as follows: 2230
59-7-13. All of the bonds issued pursuant to the authority 2231
set forth in Section 59-7-11 shall be lithographed or engraved, 2232
and printed in two (2) or more colors, to prevent counterfeiting, 2233
and shall be in sums not less than One Hundred Dollars ($100.00) 2234
nor more than One Thousand Dollars ($1,000.00) each, and shall be 2235
registered as issued, be numbered in a regular series from one (1) 2236
upward, be signed by the mayor and countersigned by the clerk who 2237
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shall impress the municipal seal upon each bond as it is issued; 2238
and every bond shall specify on its face the purpose for which it 2239
was issued; and the total amount authorized to be issued and each 2240
shall be payable to bearer. All such monies above referred to, as 2241
retained by the boards of supervisors, shall first be appropriated 2242
by the boards of supervisors for the payment of interest and 2243
sinking fund for any and all bonds issued by the municipality for 2244
port purposes and the balance, if any, shall be expended by the 2245
boards of supervisors by and under the direction and advice of the 2246
port commission of said municipality. However, in case there is 2247
not sufficient money to pay the interest and sinking funds on said 2248
bonds, the corporate authorities of municipalities issuing said 2249
bonds shall levy annually a special levy to be used exclusively in 2250
paying the interest on each bond and bonds maturing within the 2251
year providing a sinking fund for the redemption of the bonds 2252
issued. However, such tax levy shall not be made by 2253
municipalities to pay bonds, nor the interest thereon, issued 2254
under Article 7 of this chapter. 2255
Notwithstanding the foregoing provisions of this section, 2256
bonds referred to hereinabove may be issued pursuant to the 2257
supplemental powers and authorizations conferred by the provisions 2258
of the Registered Bond Act, being Sections 31-21-1 through 2259
31-21-7. 2260
SECTION 44. Section 59-7-15, Mississippi Code of 1972, is 2261
brought forward as follows: 2262
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59-7-15. Before issuing the bonds authorized by Section 2263
59-7-11, the corporate authorities shall by resolution spread upon 2264
the minutes, declare their intention of issuing said bonds, fixing 2265
in said resolution the maximum amount thereof, and the purpose for 2266
which they are issued and where an election is required shall fix 2267
in such resolution a date upon which an election shall be held in 2268
said municipality, of which not less than three (3) weeks' notice 2269
shall be given by the clerk by a notice published in a newspaper 2270
published in said municipality once a week for three (3) weeks 2271
preceding said election at three (3) public places in said 2272
municipality. Such election shall be held as far as practicable, 2273
as other elections are held in municipalities. 2274
SECTION 45. Section 59-7-17, Mississippi Code of 1972, is 2275
brought forward as follows: 2276
59-7-17. At an election required by Section 59-7-15, all 2277
qualified electors of said municipality may vote, and the ballots 2278
used shall have printed thereon a brief statement of the amount 2279
and purpose of the proposed bond issue and the words, "For the 2280
bond issue," and the words, "Against the bond issue," and the 2281
voter shall vote by placing a cross (X) opposite his choice of the 2282
proposition. In cities of less than twelve thousand inhabitants, 2283
when the amount to be issued is not more than Thirty Thousand 2284
Dollars the corporate authorities shall publish the resolution in 2285
some newspaper published in the county for three full consecutive 2286
weeks as herein provided, declaring their intention to issue said 2287
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bonds, giving the day and date upon which said bonds are to be 2288
issued and if twenty percent of the qualified electors of the 2289
municipality file a written protest against the issuance of said 2290
bonds, on or before said date, then an election shall be had as 2291
herein provided, and if no protest shall be filed, said bonds 2292
shall be issued without an election. 2293
SECTION 46. Section 59-7-19, Mississippi Code of 1972, is 2294
brought forward as follows: 2295
59-7-19. Should the election provided for in Sections 2296
59-7-15 and 59-7-17 result in favor of the issuance of the bonds, 2297
the corporate authorities may issue said bonds, either in whole or 2298
in part within one (1) year after the date of such election or 2299
within one (1) year after final favorable determination of any 2300
litigation affecting such bonds, as may be deemed best, and should 2301
the bonds be issued by the municipalities without an election 2302
therefor as provided. All bonds shall mature annually, with all 2303
maturities not longer than twenty (20) years, with not less than 2304
one-fiftieth (1/50) of the total issue to mature each year during 2305
the first five (5) years of the life of said bonds, and not less 2306
than one-twenty-fifth (1/25) of the said total issue to mature 2307
annually during the succeeding ten-year period of the life of said 2308
bonds, and the remainder to be divided into approximately equal 2309
payments, one (1) payment to mature during each year of the 2310
remaining life of the bonds. Said bonds shall not bear a greater 2311
rate of interest than that allowed in Section 75-17-101, 2312
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Mississippi Code of 1972, payable semiannually, the denomination 2313
and form and place of payment to be fixed in the ordinance of the 2314
corporate authorities issuing said bonds, and they shall be 2315
prepared and signed by the mayor and clerk of said municipality 2316
with the seal of the municipality affixed thereto, but the coupons 2317
may only bear a facsimile signature of such mayor and clerk. Such 2318
bonds, when issued, shall constitute a lien on all the taxable 2319
property in such municipality and county and the corporate 2320
authorities shall annually levy a special tax on all such property 2321
sufficient to pay the principal and interest of such bonds as the 2322
same falls due, if there not be sufficient funds provided herein. 2323
SECTION 47. Section 59-7-21, Mississippi Code of 1972, is 2324
brought forward as follows: 2325
59-7-21. The proceeds of any bonds issued under the 2326
authority of this article shall be placed in the municipal 2327
treasury or depository, if there be one, as a special fund and 2328
shall be used for no other purpose than the purpose set forth in 2329
the original resolution of the corporate authorities of such 2330
municipality, and any officer diverting or assisting to divert any 2331
such funds to any other purpose than the purpose originally set 2332
forth in said resolution of the corporate authorities of said 2333
municipality shall be guilty of a misdemeanor and punishable 2334
accordingly, and shall be liable both personally and on his 2335
official bond for such diversion. Nothing in this article shall 2336
be construed as a guarantee on the part of the State of 2337
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Mississippi to pay the interest or principal on any bonds issued 2338
under this article. 2339
SECTION 48. Section 59-7-101, Mississippi Code of 1972, is 2340
brought forward as follows: 2341
59-7-101. This article is supplementary and in addition to 2342
Article 1 of this chapter, and shall not apply to any county or 2343
counties of the state already receiving two mills of the state ad 2344
valorem taxes for port or harbor purposes. 2345
SECTION 49. Section 59-7-103, Mississippi Code of 1972, is 2346
brought forward as follows: 2347
59-7-103. (1) In order to provide for the improvement, 2348
promotion, development, construction, maintenance and operation of 2349
harbors or ports in counties having or hereafter providing harbors 2350
or ports where wharf or terminal or other facilities exist for the 2351
handling of inbound or outbound waterborne cargo moving in 2352
interstate or foreign commerce and where there is maintained a 2353
channel, harbor or port with a depth of not less than nine (9) 2354
feet, there shall be and there is hereby created in each such 2355
county electing to exercise the provisions of this article a 2356
special fund to be known as the "Port Fund," into which payments 2357
shall be made as follows: 2358
(a) The tax collector of each such county electing to 2359
come under this article shall deduct from all state ad valorem 2360
taxes collected by him a sum equal to the avails of a levy of two 2361
(2) mills on the dollar of the assessed valuation of taxable 2362
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property within such county upon which state ad valorem taxes are 2363
levied and collected. The amount so deducted shall be set aside 2364
by the tax collector and shall by him be paid into the said port 2365
fund of such county. Such payments shall be continued as long as 2366
there remains unpaid and outstanding any bonded indebtedness 2367
created by the board of supervisors of such county as hereinafter 2368
provided. 2369
(b) The board of supervisors of each such county 2370
electing to exercise the provisions of this article shall pay or 2371
cause to be paid into the aforesaid port fund a sum equal to 2372
one-fourth (1/4) of the sum paid into said fund under subsection 2373
(a) above and such payments shall be continued as long as there 2374
remains unpaid and outstanding any bonded indebtedness created by 2375
such board of supervisors as hereinafter provided. Any such board 2376
of supervisors shall provide the sum herein required either by 2377
appropriation from any available funds of the county or by the 2378
levy, in addition to all other county taxes, of a tax of not more 2379
than two (2) mills on the dollar of the assessed valuation of 2380
taxable property within such county upon which taxes for the 2381
general county fund are levied and collected. In case of a 2382
special tax levy as herein authorized, the tax collector of each 2383
such county shall set aside the avails of such levy and shall pay 2384
the same directly into the port fund of such county. 2385
(c) The port commission hereinafter provided for shall 2386
pay into the port fund all of the revenues of whatsoever nature 2387
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which may be derived from or through the use of the harbor, port, 2388
wharf or terminal facilities under its jurisdiction as hereinafter 2389
provided. 2390
(2) In order to come within the provisions of this article, 2391
the board of supervisors of any such county shall, by appropriate 2392
resolution spread upon its minutes, declare its intention so to do 2393
and shall annually provide for the necessary matching county 2394
funds. A certified copy of such resolution shall be filed with 2395
the tax collector of such county and shall constitute his 2396
authority to set aside the taxes hereinabove referred to and to 2397
pay the same into the aforesaid port fund. 2398
Provided further, that any county in the State of Mississippi 2399
through which a river or other stream flows, and which stream is 2400
classed as navigable and maintained as such by any agency of the 2401
federal government, and wherein harbors, wharves, ports, terminals 2402
or other facilities exist or are proposed or established hereafter 2403
for the handling of inbound or outbound waterborne cargo moving in 2404
interstate or foreign commerce, and where there is maintained a 2405
channel, harbor or port of such depth necessary for said purposes, 2406
then in such event such county may come under the provisions of 2407
this article if and when its application to come under the 2408
provisions of this article is approved by the Mississippi Board of 2409
Economic Development, which board shall adjudicate and determine 2410
the feasibility of said project so applied for and whether or not 2411
it is economically feasible. Certified copies of the order of 2412
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said board shall be filed with the Auditor of Public Accounts and 2413
the tax collector of such county affected. 2414
SECTION 50. Section 59-7-105, Mississippi Code of 1972, is 2415
brought forward as follows: 2416
59-7-105. To provide additional or supplemental funds for 2417
the aforesaid purposes, and in connection therewith to acquire and 2418
develop water, air and rail terminals, rail lines, and such other 2419
structures, facilities, lands, property or rights therein needful 2420
for the convenient use of the same in the aid of commerce, and 2421
land for industrial operations, including the establishment and 2422
development of industrial parks, as provided in Section 59-9-17 2423
and related sections, the board of supervisors of any such county 2424
may issue bonds of such county in an amount not exceeding the 2425
principal sum of Eleven Million Dollars ($11,000,000.00). No 2426
county shall issue bonds under the provisions of this article 2427
which will result in outstanding bonded indebtedness incurred 2428
under the provisions of this article in excess of Eight Million 2429
Dollars ($8,000,000.00) unless and until the question of the 2430
issuance of such bonds shall have been submitted to and approved 2431
by a majority of the qualified electors of the county voting in an 2432
election called and held for the purpose of considering whether or 2433
not such bonds should be issued. The first Six Million Dollars 2434
($6,000,000.00) in aggregate original principal amount of bonds 2435
issued under authority of this article shall not be included in 2436
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computing any present or future debt limit of such county under 2437
any present or future law. 2438
SECTION 51. Section 59-7-107, Mississippi Code of 1972, is 2439
brought forward as follows: 2440
59-7-107. All bonds authorized by Section 59-7-105 shall be 2441
negotiable instruments within the meaning of the Mississippi 2442
Uniform Commercial Code, shall be lithographed or engraved, and 2443
printed in two (2) or more colors, to prevent counterfeiting, 2444
shall be registered as issued, shall be numbered in a regular 2445
series from one (1) upward, and each bond shall specify on its 2446
face the purpose for which it was issued and the total amount 2447
authorized to be issued, shall be payable to bearer, and the 2448
interest to accrue thereon shall be evidenced by proper coupons to 2449
be attached thereto. Such bonds shall be executed by the manual 2450
or facsimile signature of the president of the board of 2451
supervisors, or the vice president in the absence or disability of 2452
the president, and countersigned by the manual or facsimile 2453
signature of the clerk thereof, with the official seal of the 2454
county affixed thereto. At least one (1) signature on each bond 2455
shall be a manual signature, as specified in the issuing 2456
resolution. The coupons may bear only the facsimile signatures of 2457
such president, or vice president and clerk. All such bonds shall 2458
be sold at public sale as provided by law, and no such bonds shall 2459
be issued and sold for less than par and accrued interest, and not 2460
more than one (1) series of interest coupons shall be attached to 2461
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any such bonds. All interest accruing on such bonds shall be 2462
payable semiannually, except that the first interest coupon 2463
attached to any such bond may represent interest for any period 2464
not exceeding one (1) year. 2465
Notwithstanding the foregoing provisions of this section, 2466
bonds referred to hereinabove may be issued pursuant to the 2467
supplemental powers and authorizations conferred by the provisions 2468
of the Registered Bond Act, being Sections 31-21-1 through 2469
31-21-7. 2470
SECTION 52. Section 59-7-109, Mississippi Code of 1972, is 2471
brought forward as follows: 2472
59-7-109. All bonds authorized by Section 59-7-105 shall 2473
mature annually, with all maturities not longer than twenty (20) 2474
years, with not less than one-fiftieth (1/50) of the total issue 2475
to mature each year during the first five (5) years of the life of 2476
such bonds, not less than one-twenty-fifth (1/25) of the total 2477
issue to mature each year during the succeeding ten-year period of 2478
the life of such bonds, and the remainder to be divided into 2479
approximately equal annual payments, one (1) payment to mature 2480
each year for the remaining life of such bonds. Such bonds shall 2481
not bear a greater overall maximum interest rate to maturity than 2482
that allowed in Section 75-17-101, Mississippi Code of 1972. The 2483
denomination, form and place or places of payment of such bonds 2484
shall be fixed in the resolution or order of the board of 2485
supervisors issuing such bonds. 2486
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No interest payment shall be evidenced by more than one (1) 2487
coupon, and neither cancelled nor supplemental coupons shall be 2488
permitted. The lowest interest rate specified for any bonds 2489
issued shall not be less than sixty percent (60%) of the highest 2490
interest rate specified for the same bond issue. The interest 2491
rate of any one (1) interest coupon shall not exceed the maximum 2492
interest rate allowed on such bonds. 2493
Each interest rate specified in any bid must be in multiples 2494
of one-eighth of one percent (1/8 of 1%) or in multiples of 2495
one-tenth of one percent (1/10 of 1%), and a zero rate of interest 2496
cannot be named. 2497
SECTION 53. Section 59-7-111, Mississippi Code of 1972, is 2498
brought forward as follows: 2499
59-7-111. The board of supervisors of any county which shall 2500
have issued bonds under the provisions of this article shall, 2501
unless there be sufficient funds otherwise available therefor in 2502
the port bonds interest and sinking fund, annually levy a special 2503
tax upon all of the taxable property within such county at a rate 2504
which shall be sufficient to provide for the payment of the 2505
principal of and the interest on such bonds according to the terms 2506
thereof. All taxes thus collected shall be credited to a special 2507
fund in the county treasury of such county to be known and 2508
designated as the "port bonds interest and sinking fund," and all 2509
sums credited to said fund shall be used to pay such bonds as they 2510
mature and the interest thereon as it accrues, and for no other 2511
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purpose. It shall be the mandatory duty of such board of 2512
supervisors to transfer funds from said port fund to the port 2513
bonds interest and sinking fund in amounts sufficient to pay 2514
maturing principal and accruing interest on bonds issued 2515
hereunder, if balances standing to the credit of said port fund 2516
are sufficient for that purpose. To the extent that funds are 2517
thus made available for the payment of such bonds and the interest 2518
thereon, the special tax levy hereinabove provided for may be 2519
correspondingly reduced. The said bonds nevertheless shall be 2520
general obligations of the county issuing the same, and the full 2521
faith, credit and resources of such county shall be pledged to the 2522
payment thereof and the interest thereon. 2523
SECTION 54. Section 59-7-113, Mississippi Code of 1972, is 2524
brought forward as follows: 2525
59-7-113. Before issuing any bonds for any of the purposes 2526
herein enumerated, the board of supervisors shall adopt a 2527
resolution declaring its intention so to do, stating the amount of 2528
bonds proposed to be issued and the purpose for which the bonds 2529
are to be issued, and the date upon which the board proposes to 2530
direct the issuance of such bonds. Such resolution shall be 2531
published once a week for at least three (3) consecutive weeks in 2532
at least one (1) newspaper published in such county. The first 2533
publication of such resolution shall be made not less than 2534
twenty-one (21) days prior to the date fixed in such resolution 2535
for the issuance of the bonds, and the last publication shall be 2536
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made not more than seven (7) days prior to such date. If no 2537
newspaper be published in such county, then such notice shall be 2538
given by publishing the resolution for the required time in some 2539
newspaper having a general circulation in such county and, in 2540
addition, by posting a copy of such resolution for at least 2541
twenty-one (21) days next preceding the date fixed therein at 2542
three (3) public places in such county. If twenty percent (20%) 2543
of the qualified electors of the county shall file a written 2544
protest against the issuance of such bonds on or before the date 2545
specified in such resolution, then an election on the question of 2546
the issuance of such bonds shall be called and held as is herein 2547
provided. If no such protest be filed, then such bonds may be 2548
issued without an election on the question of the issuance 2549
thereof, at any time within a period of two (2) years after the 2550
date specified in the above-mentioned resolution. However, the 2551
board of supervisors, in its discretion, may nevertheless call an 2552
election on such question, in which event it shall not be 2553
necessary to publish the resolution declaring its intention to 2554
issue such bonds as herein provided. 2555
SECTION 55. Section 59-7-115, Mississippi Code of 1972, is 2556
brought forward as follows: 2557
59-7-115. Where an election is to be called, as provided in 2558
Section 59-7-113, notice of such election shall be signed by the 2559
clerk of the board of supervisors and shall be published once a 2560
week for at least three (3) consecutive weeks, in at least one (1) 2561
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newspaper published in such county. The first publication of such 2562
notice shall be made not less than twenty-one (21) days prior to 2563
the date fixed for such election and the last publication shall be 2564
made not more than seven (7) days prior to such date. If no 2565
newspaper is published in such county, then such notice shall be 2566
given by publishing the same for the required time in some 2567
newspaper having a general circulation in such county, and, in 2568
addition, by posting a copy of such notice for at least twenty-one 2569
(21) days next preceding such election at three (3) public places 2570
in such county. 2571
SECTION 56. Section 59-7-117, Mississippi Code of 1972, is 2572
brought forward as follows: 2573
59-7-117. The election provided for in Sections 59-7-113 and 2574
59-7-115 shall be held, as far as is practicable, in the same 2575
manner as other elections are held in counties. At such election, 2576
all qualified electors of such county may vote, and the ballots 2577
used at such election shall have printed thereon a brief statement 2578
of the amount and purpose of the proposed bond issue and the words 2579
"FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE," and the voter 2580
shall vote by placing a cross (x) or check mark (✓) opposite his 2581
choice on the proposition. 2582
SECTION 57. Section 59-7-119, Mississippi Code of 1972, is 2583
brought forward as follows: 2584
59-7-119. When the results of the election on the question 2585
of the issuance of bonds under the provisions of this article 2586
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shall have been canvassed by the election commissioners of such 2587
county and certified by them to the board of supervisors of such 2588
county, it shall be the duty of such board of supervisors to 2589
determine and adjudicate whether or not three-fifths (3/5ths) of 2590
the qualified electors who voted in such election voted in favor 2591
of the issuance of such bonds and, unless three-fifths (3/5ths) of 2592
the qualified electors who voted in such election shall have voted 2593
in favor of the issuance of such bonds, then such bonds shall not 2594
be issued. Should three-fifths (3/5ths) of the qualified electors 2595
who vote in such election vote in favor of the issuance of such 2596
bonds, then the board of supervisors of the county may issue such 2597
bonds, either in whole or in part, within two years from the date 2598
of such election, or within two years after the final favorable 2599
termination of any litigation affecting the issuance of such 2600
bonds, as such board shall deem best. 2601
SECTION 58. Section 59-7-121, Mississippi Code of 1972, is 2602
brought forward as follows: 2603
59-7-121. The proceeds of any bonds issued by any county 2604
pursuant to the provisions of this article shall be placed in the 2605
county treasury or depository, if there be one, in a special fund 2606
and shall be expended by the board of supervisors of such county 2607
for the purpose or purposes for which the bonds were authorized to 2608
be issued, and for no other. If the board of supervisors of any 2609
such county or any member thereof or any other officer shall 2610
willfully divert or aid or assist in diverting any such fund, or 2611
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any part thereof, to any purpose other than that for which such 2612
bonds were authorized to be issued, such person shall be guilty of 2613
a felony and, upon conviction, shall be punished by imprisonment 2614
in the State Penitentiary for a term not exceeding five (5) years 2615
and, in addition, shall be liable personally on his official bond 2616
for the amount so diverted. Any member of such board of 2617
supervisors may escape the penalty herein provided for by having 2618
his vote recorded in the negative on any illegal diversion of the 2619
proceeds of such bonds. 2620
SECTION 59. Section 59-7-123, Mississippi Code of 1972, is 2621
brought forward as follows: 2622
59-7-123. Whenever a balance shall remain in the proceeds of 2623
any bond issue after the purpose for which such bonds were issued 2624
shall have been accomplished, such balance shall forthwith be 2625
transferred to the port bonds interest and sinking fund 2626
hereinabove provided for. 2627
SECTION 60. Section 59-7-125, Mississippi Code of 1972, is 2628
brought forward as follows: 2629
59-7-125. (1) All improvements constructed by the board of 2630
supervisors under the provisions of this article shall be operated 2631
and maintained by a port commission composed of five (5) residents 2632
of such county who shall be qualified electors therein. Such 2633
commission shall have jurisdiction over the port, terminals, 2634
harbors and passes leading thereto, and all vessels, boats and 2635
wharves, common carriers, and public utilities therein, using the 2636
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same, within their respective counties. Such port commission 2637
shall be appointed as follows: one (1) member shall be appointed 2638
by the Governor, two (2) shall be appointed by the board of 2639
supervisors of the county, and two (2) shall be appointed by the 2640
governing body of the municipality which is the county seat of 2641
such county in such cases where the county seat of such county is 2642
situate on or adjacent to such port facilities, otherwise, four 2643
(4) members shall be appointed by the board of supervisors. A 2644
county and a municipality may by joint resolution dissolve a port 2645
commission created under this section which is governed by a 2646
commission with two (2) commissioners appointed by each. The 2647
joint resolution must provide that the municipality relinquishes 2648
its duties and obligations related to the port, and that the 2649
county assumes all duties and obligations related to the port. 2650
Any commission so dissolved shall be reconstituted to consist of 2651
five (5) members, one (1) member appointed from each supervisor 2652
district. The board of supervisors shall provide for staggered 2653
terms in its order providing for the appointment of the 2654
reconstituted port commission. Before entering upon the duties of 2655
the office, each of such commissioners shall take and subscribe to 2656
the oath of office required by Section 268 of the Constitution of 2657
the State of Mississippi, and shall give bond, to be approved by 2658
the board of supervisors, in the sum of Five Thousand Dollars 2659
($5,000.00), conditioned upon the faithful performance of their 2660
duties. Such bond shall be made payable to the county and in case 2661
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of breach thereof, suit may be brought on the relation of the 2662
county for the benefit of such port commission. Such 2663
commissioners shall hold office for a term of four (4) years from 2664
the date of their appointment and qualification and until their 2665
successor or successors shall be appointed and qualified as set 2666
out herein. Three (3) members of the port commission shall be 2667
necessary to constitute a quorum for the conducting of business. 2668
(2) The members of the board of supervisors shall be ex 2669
officio members of the port commission, but no bond shall be 2670
required of them in such capacity; provided, however, the members 2671
of the board of supervisors shall be nonvoting members of the port 2672
commission and shall not be included or counted for the 2673
determination of a quorum for conducting of business by the port 2674
commission unless and until the board of supervisors of a 2675
particular county, by order entered on its minutes, expressly 2676
provides that the members of the board of supervisors shall be 2677
voting members of the port commission and the number of members 2678
required for a quorum to conduct business of the port commission, 2679
but in no event shall the number required for a quorum to conduct 2680
business of the port commission be less than three (3). 2681
(3) All actions heretofore taken by the various port 2682
commissions at which at least three (3) members were present and 2683
which would otherwise have been legal actions except for the 2684
absence of a legal quorum being present and voting are hereby 2685
ratified, confirmed and approved. 2686
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SECTION 61. Section 59-7-127, Mississippi Code of 1972, is 2687
brought forward as follows: 2688
59-7-127. When such port commissioners provided for in 2689
Section 59-7-125 shall have been appointed and shall have been 2690
qualified as set out herein, they shall meet at the regular 2691
meeting place of the board of supervisors of such county, after 2692
giving at least five (5) days' notice of the time and place of 2693
such meeting by publication in a newspaper published at the county 2694
seat of such county. At such meeting they shall elect a president 2695
and a secretary who shall be members of the commission, and adopt 2696
such rules as may govern the time and place for holding meetings, 2697
regular and special, not inconsistent with the provisions of this 2698
article. 2699
SECTION 62. Section 59-7-129, Mississippi Code of 1972, is 2700
brought forward as follows: 2701
59-7-129. The duties and powers of such port commission 2702
provided for in Section 59-7-125 shall be the same as those which 2703
are set forth and prescribed in Sections 59-1-9 and 59-1-27, 2704
except that the salary of the port director shall be subject to 2705
the approval of the board of supervisors. 2706
SECTION 63. Section 59-7-131, Mississippi Code of 1972, is 2707
brought forward as follows: 2708
59-7-131. It shall be the duty of such port commission, from 2709
time to time, to make recommendations to the board of supervisors 2710
of such county concerning expenditures to be made for the 2711
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improvement, promotion, development, construction, maintenance and 2712
operation of the harbor and port facilities of such county, and 2713
shall annually submit to such board of supervisors a proposed 2714
budget for the operation and maintenance of such harbor and port 2715
facilities, which recommendations and budget shall be subject to 2716
approval of the board of supervisors. Except as provided in 2717
Section 59-7-111, the port fund shall be subject to expenditure by 2718
the port commission. 2719
The port commission may recommend to the Legislative Budget 2720
Office, the State Fiscal Management Board, and the county board of 2721
supervisors that certain excess funds in the port fund be 2722
transferred to any industrial development authority within the 2723
county. Upon approval by the State Fiscal Management Board and 2724
the county board of supervisors, the port commission may transfer 2725
such excess funds, or any portion thereof which may be designated 2726
by the State Fiscal Management Board and county board of 2727
supervisors, as provided herein. 2728
The port commission in any county bordering the Mississippi 2729
River and having a population of more than fifty-one thousand 2730
(51,000) but less than fifty-two thousand (52,000) according to 2731
the 1980 federal census may recommend to the board of supervisors 2732
the expenditure of excess funds in the port fund for the 2733
acquisition of lands in the county to be used for industrial 2734
development purposes. Upon the aquisition of such lands, excess 2735
funds in the port fund may also be expended to provide necessary 2736
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utilities and other improvements the board of supervisors deems 2737
necessary and requisite for industrial development. Any lands 2738
acquired hereunder shall be titled in the name of the county. 2739
For the purposes of this section, the term "excess funds" 2740
means monies determined to be in excess of those necessary to fund 2741
the budget for the fiscal year. 2742
SECTION 64. Section 59-7-201, Mississippi Code of 1972, is 2743
brought forward as follows: 2744
59-7-201. This article shall be applicable to all counties 2745
electing to come under the terms and provisions of Article 3 of 2746
this chapter and in which a flood control project has been 2747
authorized or may be authorized by the federal government which 2748
either directly or indirectly involves, or has the result of 2749
creating, a potential industrial area or the protection of such an 2750
area. This article is supplementary to said Article 3 of this 2751
chapter, and all other laws of this state concerning ports and 2752
harbors and shall not be construed by way of limitation on any of 2753
the powers or authority heretofore granted, but the authority 2754
conferred herein is in addition and cumulative thereto. 2755
SECTION 65. Section 59-7-203, Mississippi Code of 1972, is 2756
brought forward as follows: 2757
59-7-203. Where any county in connection with any such flood 2758
control project has given or may give assurances of local 2759
cooperation required by the federal authorities, as authorized by 2760
law, the board of supervisors of such county shall have the added 2761
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power and authority, if necessary or desirable for the fulfillment 2762
of such assurances, to acquire all lands and easements and 2763
rights-of-way, and the fee title to such lands where advisable, 2764
either by purchase or by condemnation and, if by condemnation, 2765
according to the existing statutes applicable to the acquisition 2766
by counties of property for public use. 2767
Where any county of the state which operates any such project 2768
has been required to give its assurances by the federal 2769
authorities or other agency of the government of the United States 2770
of local cooperation and participation in any such project by 2771
agreeing to pay any part of the construction costs of such project 2772
or projects, then the board of supervisors of such county shall 2773
have the added power and authority, if necessary and desirable for 2774
the fulfillment of such assurances, to sign agreements with such 2775
federal authorities or other agency of the government of the 2776
United States whereby such participating county agrees to pay its 2777
part of the cost of such construction or any fractional part 2778
thereof, including interest of not more than three percent (3%) 2779
per annum, and provided further that said assurances shall be due 2780
and payable within the primary term of forty years from the time 2781
such assurances are given. 2782
SECTION 66. Section 59-7-205, Mississippi Code of 1972, is 2783
brought forward as follows: 2784
59-7-205. (1) In any county where a port commission has 2785
been established or may be established and where the board of 2786
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supervisors of said county directs that said commission undertake, 2787
on behalf of such county, jurisdiction over and duties in 2788
connection with the fulfillment of the assurances of local 2789
cooperation and handling of the harbor project upon which 2790
construction may be done by the federal government, as 2791
contemplated by Section 59-7-201, and where either all or over 2792
half of the lands and properties involved in said project are 2793
beyond the confines of any municipality lying within said county, 2794
then the board of supervisors of said county shall appoint four 2795
(4) members of said port commission in accordance with the terms 2796
and provisions of Section 59-7-125, and, where such port 2797
commission has been established or may be established in such 2798
instance, then said port commission shall undertake and perform 2799
the duties assigned to it by said board, as hereby authorized, and 2800
said commissions shall, in addition, manage and control all port 2801
facilities which may be authorized and constructed by virtue of 2802
the terms and provisions of Article 3 of this chapter, and all 2803
appurtenant and physical properties connected therewith, both real 2804
and personal, and shall provide for the regular inspection, 2805
repair, maintenance and improvement of said port facilitates. Said 2806
port commission, in the performance of its duties, may make any 2807
contract and authorize any purchases from any funds on hand in the 2808
port fund of any such county, which said contracts and purchases 2809
shall be made in accordance with Section 31-7-1 et seq. Said 2810
contracts and purchases shall include all contracts and purchases 2811
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incidental to or necessary for the proper establishment, 2812
insurance, maintenance, repair, improvement and operation of said 2813
port facilities, including, if indicated for their protection, 2814
workmen's compensation insurance for the benefit of any employees 2815
of said port commission. 2816
Any such port commission is further authorized and empowered, 2817
in its discretion, to own and operate any or all dock, terminal, 2818
warehouse or railroad facilities which may by it be deemed 2819
necessary or desirable to promote the development of any port or 2820
industrial facilities under its control or supervision and to such 2821
end such port commission is authorized and empowered to acquire by 2822
purchase, construction or lease any buildings, structure or 2823
equipment, to employ any personnel or technical assistance, to 2824
enter into any contracts with any persons, firms or corporations, 2825
and to establish, charge and collect any tariffs, rates or other 2826
charges in connection therewith, as may be deemed necessary or 2827
advisable to accomplish such purposes. Said port commission is 2828
likewise authorized and empowered to operate such dock, terminal, 2829
warehouse or railroad facilities through agents or lessees by such 2830
contractual or lease agreements as may be entered into by said 2831
port commission upon such terms and conditions as said commission 2832
may deem proper. The authority granted hereby shall extend only 2833
to the lands under the control and supervision of said port 2834
commission. 2835
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(2) The powers and authority granted by this section are 2836
supplemental to all other powers and authority granted to said 2837
port commission and the same shall in nowise be construed to limit 2838
any such powers and authority heretofore granted. 2839
SECTION 67. Section 59-7-207, Mississippi Code of 1972, is 2840
brought forward as follows: 2841
59-7-207. The commission referred to in Section 59-7-205 may 2842
establish and operate said port facilities on such plan as it may 2843
determine upon, including the right to employ, or delegate to the 2844
port director the employment of such engineering and legal 2845
assistants and such subordinate personnel as the commission may 2846
deem necessary, to provide for the wages and compensation of the 2847
port director and all other employees; and, in their discretion, 2848
to require that the port director and such other subordinate 2849
personnel as may be deemed necessary and desirable post a bond 2850
written by a surety company or companies authorized to do business 2851
in the State of Mississippi in such amount as the commission may 2852
designate, conditioned on the faithful discharge of all of their 2853
duties as such employees, the premiums on such bonds to be paid 2854
from said port fund in the discretion of the commission. 2855
SECTION 68. Section 59-7-209, Mississippi Code of 1972, is 2856
brought forward as follows: 2857
59-7-209. The board of supervisors of any such county 2858
described in Section 59-7-201 may prescribe such further duties, 2859
powers and rights of such commission as may be within the 2860
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authority of such board to delegate and provide for the reasonable 2861
compensation, if any, of the chairman and members of the 2862
commission, and shall provide that the acts of such commissioners 2863
shall regularly, and not less than quarterly or more than monthly, 2864
be reported to said board and be subject to its approval and 2865
concurrence by order spread upon the minutes of said board 2866
generally approving such reports and minutes. The obligations 2867
incurred and the expenditures authorized to be made by said 2868
commission shall in the manner herein set forth be subject to the 2869
approval of the board of supervisors of said county; and when and 2870
should the board decline to grant its approval of any act of said 2871
commission, it shall signify its reason for withholding that 2872
approval on the minutes of said board. All expenditures so 2873
authorized and provided for shall be made upon special port 2874
commission warrants to be countersigned by the clerk of said 2875
board. There shall be no personal obligation or liability on the 2876
part of any member of said commission except for a wilful wrong, 2877
nor shall there be any general obligation or liability on said 2878
county other than from the revenues derived from the operation of 2879
said port and revenues allocated by law to the aforesaid port fund 2880
of said county, except for the obligation of a condemnation award 2881
or for any such obligation which may be provided for in any trust 2882
indenture or resolution under which bonds are issued under the 2883
terms and provisions of Article 3 of this chapter. 2884
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SECTION 69. Section 59-7-211, Mississippi Code of 1972, is 2885
brought forward as follows: 2886
59-7-211. In all such counties, described in Section 2887
59-7-201, upon and with the approval of the board of supervisors, 2888
the port commission shall have the power and authority to sell or 2889
lease any lands or easements acquired by any such county in 2890
conjunction with the establishment and construction of any port or 2891
harbor under the jurisdiction of said commission for the purposes 2892
of industrial development, but the terms and provisions of any 2893
such sales or lease shall include limitations as to the use of 2894
such lands and easements for industrial activities integrated to 2895
water transportation in accordance with the terms and provisions 2896
of such assurances of local cooperation as may have been given by 2897
virtue of Section 51-35-15 or Section 51-35-17, Mississippi Code 2898
of 1972, and the provisions of this article. Furthermore, said 2899
port commission, upon and with the approval of the board of 2900
supervisors, shall have the power and is hereby authorized, in its 2901
discretion, to sell and convey to the United States of America, 2902
without any limitations whatsoever, by general or special warranty 2903
deed or other acceptable form or conveyance, the full title to any 2904
lands acquired or held by any such county in connection with the 2905
establishment and development of any harbor or port project under 2906
the jurisdiction of said commission in exchange for the title to 2907
lands of the United States of America deemed useful for or needed 2908
by any county in connection with the establishment, enlargement, 2909
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development, construction or maintenance of any port or harbor 2910
project under the jurisdiction of said commission, or for such 2911
other consideration as said commission and said board find to be 2912
adequate and sufficient. Said port commission, upon and with the 2913
approval of the board of supervisors of the county, is further 2914
hereby authorized to donate and/or sell and convey, without any 2915
limitations, upon such terms and conditions as may be deemed 2916
proper by the said commission and said board of supervisors, to 2917
the United States of America any of the lands needed by the United 2918
States of America for navigation and/or flood control purposes, or 2919
in fulfillment of any authorized assurances which have been given 2920
or which may be given by said county to the United States of 2921
America, or for the purpose of the display of the Gunboat Cairo. 2922
SECTION 70. Section 59-7-213, Mississippi Code of 1972, is 2923
brought forward as follows: 2924
59-7-213. The port commission shall keep regular minutes of 2925
all its official actions and shall provide for an adequate 2926
bookkeeping system and regular audits and keep or cause to be kept 2927
full and correct records of the finances of said port commission 2928
and shall, from said port funds, provide for, and pay to the clerk 2929
of said board fees and sums as are found to be proper and 2930
reasonable for the extra duties and work hereby imposed upon him. 2931
All such minutes, books and records shall be kept in the office of 2932
the chancery clerk of the county in which the port is located or 2933
in such other place as the board of supervisors may designate by 2934
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order spread upon their minutes to the end that such minutes, 2935
books and records shall, under reasonable conditions, be available 2936
at all times to the public for inspection. 2937
SECTION 71. Section 59-7-301, Mississippi Code of 1972, is 2938
brought forward as follows: 2939
59-7-301. This article, as to the subject matters hereof, 2940
shall supersede all other laws, general, special or local, 2941
including charters of municipalities. Any municipality issuing 2942
bonds or other obligations pursuant to this article shall have no 2943
power thereafter to issue bonds or other obligations pursuant to 2944
the provisions of Article 1 of this chapter, unless and until all 2945
bonds or other obligations issued pursuant to this article, and 2946
interest thereon, have been fully paid and discharged. 2947
SECTION 72. Section 59-7-303, Mississippi Code of 1972, is 2948
brought forward as follows: 2949
59-7-303. An ad valorem tax of two mills on each one dollar 2950
of the total assessed valuation of all the taxable property in 2951
each county or counties in the State of Mississippi, in which 2952
there is located a harbor or port of entry where commodities are 2953
exported to foreign nations, and where there is maintained a 2954
channel and/or harbor or port to a depth of not less than twenty 2955
feet, be, and the same is hereby, levied on all said taxable 2956
property, in or for each year in which the principal of or 2957
interest on any bonds or other obligations issued by any 2958
municipality pursuant to this article becomes due. The receipts 2959
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from said two-mill tax shall be withheld by the tax collector of 2960
said county, and/or by any other tax collecting agency authorized 2961
by law for the collection of said taxes, from receipts from state 2962
ad valorem taxes now in effect or which may be hereafter levied, 2963
so long as the state ad valorem taxes shall be not less than the 2964
two-mill tax herein levied. However, if no state ad valorem taxes 2965
equal to or greater than the said two-mill tax herein levied is 2966
now or shall be hereafter levied, then and in that event, the said 2967
two-mill tax herein levied shall continue to be levied and 2968
collected as herein provided in each such county or counties in or 2969
for each year in which the principal of or interest on any bonds 2970
or other obligations issued by any municipality pursuant to this 2971
article becomes due. The tax collector, and/or any other tax 2972
collecting agency authorized by law for the collection of said 2973
taxes, shall pay over all moneys collected or to be collected as 2974
receipts from said two-mill tax to any trustee or successor 2975
thereto established as hereinafter in this article provided, and 2976
in the event that there is no such trustee, then said tax 2977
collector, and/or any other tax collecting agency authorized by 2978
law for collection of said taxes, shall pay over all such moneys 2979
into the county depository of each such county to the credit of a 2980
fund which shall be known as a port fund. Any such moneys so paid 2981
into the county depository of each such county to the credit of 2982
said port fund may be expended at the direction of the port 2983
commission, appointed for any port of entry as designated in 2984
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Chapter 1 of this title. But in no county within the terms of 2985
this article shall there be withheld from the state treasury under 2986
the provisions of this article and Article 1 of this chapter, for 2987
any one year an amount in excess of the receipts from said 2988
two-mill tax. The provisions of this article shall be deemed to 2989
be a contract with the holders of any bonds or other obligations 2990
issued pursuant to this article. 2991
SECTION 73. Section 59-7-305, Mississippi Code of 1972, is 2992
brought forward as follows: 2993
59-7-305. The authorities of any municipality in which there 2994
is situated and located, in whole or in part, a port of entry 2995
through which commodities are imported and exported to foreign 2996
nations, which maintains a channel and/or harbor to a depth of not 2997
less than twenty feet, are hereby given the authority to engage 2998
in, either directly or through the commission hereinafter provided 2999
and designated and such other agencies as hereafter may be 3000
provided by law, work of internal improvement, or promoting, 3001
developing, constructing, maintaining, and operating harbors or 3002
seaports within the state and its jurisdiction, and either 3003
directly or through the commission hereinafter provided for, shall 3004
have the power to acquire, purchase, install, rent, lease, 3005
mortgage, and/or otherwise encumber, to construct, own, hold, 3006
maintain, equip, use, control and operate at seaports, wharves, 3007
piers, docks, quays, grain elevators, cotton compresses, 3008
warehouses, floating dry docks, graving docks, marine railways, 3009
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tugboats, cold storage facilities and other water and rail 3010
terminals and other structures, and facilities needful for the 3011
convenient use of the same in the aid of commerce including the 3012
dredging of approaches thereto. 3013
SECTION 74. Section 59-7-307, Mississippi Code of 1972, is 3014
brought forward as follows: 3015
59-7-307. All improvements and facilities constructed 3016
pursuant to Article 1 of this chapter, and/or constructed pursuant 3017
to this article, shall be maintained and operated under the 3018
control of the port commission as provided in Chapter 1 of this 3019
title. The said port commission shall, subject to and in 3020
accordance with any agreement or agreements as may be made by any 3021
such municipality with the purchaser or purchasers of bonds or 3022
other obligations issued pursuant to this article, prescribe, levy 3023
and collect all rents, fees, tolls, revenues, and/or other charges 3024
in connection with the use and occupancy of the aforesaid 3025
improvements and facilities, and shall pay over all net revenues 3026
derived from the operation of said improvements and facilities to 3027
any trustee, or successor thereto, established as hereinafter in 3028
this article provided. Net revenues shall be deemed to be such as 3029
may be defined in any agreement or agreements entered into between 3030
any such municipality and the purchaser or purchasers of any bonds 3031
or other obligations issued pursuant to this article. The said 3032
port commission shall make an annual report to the Governor of the 3033
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State of Mississippi, to the municipality having such port of 3034
entry, and to the State Legislature. 3035
SECTION 75. Section 59-7-309, Mississippi Code of 1972, is 3036
brought forward as follows: 3037
59-7-309. Any municipality, in which there is situated and 3038
located in whole or in part a port of entry through which 3039
commodities are imported or exported as aforesaid, is hereby given 3040
authority, upon the adoption of a resolution to such effect, to 3041
issue bonds or other obligations for any or all of the purposes as 3042
provided in this article. The books of account and other sources 3043
of information pertaining to duties under the provisions of this 3044
article, of any port commission, municipality and/or county 3045
affected by this article, shall be and remain at all times open to 3046
inspection and subject to audit by the holder or holders of any 3047
bonds or other obligations issued pursuant to this article. 3048
SECTION 76. Section 59-7-311, Mississippi Code of 1972, is 3049
brought forward as follows: 3050
59-7-311. The power to issue bonds or other obligations 3051
authorized by this article and Section 59-5-31, shall be vested in 3052
and may be exercised from time to time by the governing bodies of 3053
any municipality or county so authorized in such laws. 3054
Such revenue bonds may be issued without an election upon the 3055
adoption of a resolution of the board of supervisors of such 3056
county, declaring its intention to issue such bonds, and shall not 3057
be subject to any limitation as to amount, and shall not be 3058
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included or computed in the statutory limitation of indebtedness 3059
of any such county. Such bonds shall bear date or dates, be in 3060
such denomination or denominations, bear interest at such rate or 3061
rates, be payable at such place or places within or without the 3062
State of Mississippi, shall mature at such time or times and upon 3063
such terms, with or without premium, shall bear such registration 3064
privileges, and shall be substantially in such form, all as shall 3065
be determined by resolution of the board of supervisors of such 3066
county. Such bonds shall mature in annual installments beginning 3067
not more than five (5) years from date thereof and extending not 3068
more than thirty-five (35) years from date thereof. Such bonds 3069
shall be signed by the president of the board of supervisors of 3070
such county, and the official seal of the county shall be affixed 3071
thereto, attested by the clerk of the board of supervisors of such 3072
county. The interest coupons to be attached to such bonds may be 3073
executed by the facsimile signatures of said officers. Whenever 3074
any such bonds shall have been signed by the officials herein 3075
designated to sign the bonds who were in office at the time of 3076
such signing but who may have ceased to be such officers prior to 3077
the sale and delivery of such bonds, or who may not have been in 3078
office on the date such bonds may bear, the signatures of such 3079
officers upon such bonds and coupons shall nevertheless be valid 3080
and sufficient for all purposes and have the same effect as if the 3081
person so officially signing such bonds had remained in office 3082
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until the delivery of the same to the purchaser or had been in 3083
office on the date such bonds may bear. 3084
All bonds and interest coupons issued under the provisions of 3085
this article shall have and are hereby declared to have all the 3086
qualities and incidents of negotiable instruments under the 3087
Mississippi Uniform Commercial Code. Such bonds and income 3088
therefrom shall be exempt from all taxation within the State of 3089
Mississippi. 3090
The board of supervisors of such county shall sell such bonds 3091
in such manner and for such price as it may determine to be for 3092
the best interest of said county, but no such sale shall be made 3093
at a price less than par plus accrued interest to date of delivery 3094
of the bonds to the purchaser. Notice of the sale of any such 3095
bonds shall be published at least one time not less than ten (10) 3096
days prior to the date of sale and shall be published in a 3097
newspaper published in and having general circulation within the 3098
county. 3099
The proceeds of such bonds shall be paid into a special fund 3100
or funds in banks qualified to act as depositories for such 3101
county. The proceeds of such bonds shall be solely for the 3102
purposes for which they were issued, and the redeeming of any 3103
outstanding bonds, and shall be disbursed upon the order of the 3104
board of supervisors of such county, with such restrictions, if 3105
any, as the resolution authorizing the issuance of the bonds may 3106
provide. If the proceeds of such bonds, by error of calculation 3107
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or otherwise, shall be less than the cost of the purpose for which 3108
they were issued, and the redeeming of any outstanding bonds, 3109
unless otherwise provided in the resolution authorizing the 3110
issuance of such bonds, additional bonds may in like manner be 3111
issued to provide the amount of such deficit which, unless 3112
otherwise provided in the resolution authorizing the issuance of 3113
bonds, shall be deemed to be of the same issue and shall be 3114
entitled to payment from the same fund without preference or 3115
priority of the bonds first issued for the same purpose. If the 3116
proceeds of the bonds of any issue shall exceed the amount 3117
required for the purpose for which the bonds were issued, the 3118
surplus shall be paid into the fund established for the payment of 3119
the principal of and the interest on such bonds. 3120
Such bonds may be issued without any other proceedings or the 3121
happening of any other conditions or things than those 3122
proceedings, conditions, and things which are specified or 3123
required by this article. The bonds authorized under the 3124
authority of this article may, in the discretion of the board of 3125
supervisors of such county, be validated in the chancery court of 3126
such county in the manner and with the force and effect provided 3127
by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, 3128
for the validation of county, municipal, school district, and 3129
other bonds. 3130
The revenue bonds issued under the provisions of this section 3131
shall be payable solely out of the revenues to accrue from the 3132
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operation of such project, development, improvement or utility 3133
systems, and the full faith and credit of the county shall not be 3134
pledged therefor, nor shall any ad valorem tax be levied therefor. 3135
SECTION 77. Section 59-7-313, Mississippi Code of 1972, is 3136
brought forward as follows: 3137
59-7-313. The proceeds from the sale of any bonds or other 3138
obligations issued pursuant to this article shall be placed to the 3139
credit of such municipality in a bank or banks which are members 3140
of the Federal Deposit Insurance Corporation and may be withdrawn 3141
therefrom in accordance with any agreement or agreements entered 3142
into between such municipality and the purchaser or purchasers of 3143
such bonds or other obligations and in accordance with the laws 3144
regulating the disbursement of municipal funds and shall be used 3145
for no other purpose than the purpose or purposes set forth in the 3146
original resolution of the governing body of such municipality. 3147
Any officer or other person diverting or assisting to divert any 3148
such funds to any other purpose or purposes than the purpose or 3149
purposes originally set forth in said resolution of the governing 3150
body of said municipality shall be guilty of a felony and 3151
punishable accordingly, and shall be liable both personally and on 3152
official bonds for such diversion. Nothing in this article shall 3153
be construed as a guarantee on the part of the State of 3154
Mississippi to pay the principal of or interest on any bonds or 3155
other obligations issued pursuant to this article. 3156
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SECTION 78. Section 59-7-315, Mississippi Code of 1972, is 3157
brought forward as follows: 3158
59-7-315. Any municipality issuing bonds or other 3159
obligations pursuant to this article by resolution or resolutions 3160
duly adopted, is hereby given authority to execute and deliver a 3161
mortgage or deed of trust, in such form, with such validity and 3162
with such remedies as at present authorized under the laws of the 3163
State of Mississippi, on any or all properties, improvements and 3164
facilities, the acquisition, construction, maintenance and/or 3165
operation of which are provided for by this article. Such 3166
resolution or resolutions of said municipality shall prescribe the 3167
provisions, covenants and conditions of any such mortgage or deed 3168
of trust. Such provisions, covenants and conditions, if not 3169
self-executing, may be enforced by appropriate proceedings, either 3170
in law or in equity. 3171
SECTION 79. Section 59-7-317, Mississippi Code of 1972, is 3172
brought forward as follows: 3173
59-7-317. The bonds or other obligations issued by any 3174
municipality of the State of Mississippi pursuant to this article 3175
shall not constitute a debt within the meaning of any statutory 3176
limitation as to the amount of debt which may be incurred by any 3177
such municipality, nor shall such bonds or other obligations be 3178
payable out of any funds other than the revenue collected or 3179
collectible from the use of said docks, harbors and facilities of 3180
whatsoever nature, and out of the receipts from the said two-mill 3181
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ad valorem tax, in accordance with the provisions of Section 3182
59-7-303. 3183
SECTION 80. Section 59-7-319, Mississippi Code of 1972, is 3184
brought forward as follows: 3185
59-7-319. Bonds or other obligations issued pursuant to this 3186
article and any interest thereon or income therefrom shall be 3187
exempt from all taxation, except gift, transfer and inheritance 3188
taxes, in so far as may be within the power of the State of 3189
Mississippi so to provide. 3190
SECTION 81. Section 59-7-321, Mississippi Code of 1972, is 3191
brought forward as follows: 3192
59-7-321. In connection with the issuance of bonds or other 3193
obligations by any municipality pursuant to this article, or in 3194
order to secure the payment of said bonds or other obligations, 3195
such municipality shall have power: 3196
(a) To accept grants from the United States of America, 3197
the president of the United States, the federal emergency 3198
administrator of public works, or such other agencies, 3199
instrumentalities or corporations as may be designated or created 3200
to make grants or loans (hereinafter termed "federal agency") 3201
pursuant to the national industrial recovery act and any further 3202
act of the congress of the United States providing for the 3203
construction of useful public works (hereinafter termed "national 3204
industrial recovery act"), for or in aid of work, development or 3205
improvement authorized by this article. 3206
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(b) To make such contracts and execute such instruments 3207
containing such provisions, covenants and conditions as in the 3208
discretion of the authorities of any such municipalities may be 3209
necessary, proper or advisable for the purpose of obtaining or 3210
securing grants, loans, or other financial assistance from any 3211
federal agency pursuant to the national industrial recovery act; 3212
to make such further, different or additional contracts and 3213
execute all instruments necessary or convenient in or for the 3214
furtherance of any work, development or improvement, including but 3215
not limited to all property real and personal appurtenant thereto 3216
or connected therewith and the existing work, development or 3217
improvement, if any, to which the work, development or improvement 3218
authorized by this article is an extension, addition, betterment 3219
or embellishment (hereinafter termed "work, development or 3220
improvement"), to carry out and perform the terms and conditions 3221
of any such contract or instrument. 3222
(c) To pledge all or any part of the fees, rents, 3223
tolls, revenues or other charges received or receivable by such 3224
municipality and/or port commission from any work, development or 3225
improvement to which its right then exists or the right to which 3226
may thereafter come into existence. 3227
(d) To covenant against the pledging of all or any part 3228
of the fees, rents, tolls, revenues or other charges received or 3229
receivable by such municipality and/or port commission from any 3230
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work, development or improvement to which its right then exists or 3231
the right to which may thereafter come into existence. 3232
(e) To covenant against the encumbering of all or any 3233
part of any work, development or improvement or against permitting 3234
or suffering any lien thereon. 3235
(f) To covenant as to what other or additional debt may 3236
be incurred by such municipality. 3237
(g) To provide for the preparation, specifications, 3238
terms, form, registration, extension, execution and authentication 3239
of any bonds or other obligations, issued pursuant to this 3240
article. 3241
(h) To provide for the replacement of lost, destroyed 3242
or mutilated bonds or other obligations issued pursuant to this 3243
article. 3244
(i) To covenant as to the fees, rents, revenues or 3245
tolls to be charged, the amount to be raised each year or other 3246
period of time and as to the use and disbursement to be made 3247
thereof. 3248
(j) To covenant to set aside or to pay over reserves 3249
and sinking funds and as to the disposal thereof. 3250
(k) To redeem prior to maturity, with or without 3251
premium, bonds or other obligations issued pursuant to this 3252
article and to covenant for their prior redemption and to provide 3253
the terms and conditions thereof. 3254
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(l) To covenant against extending the time for the 3255
payment of the interest on or principal of the bonds or other 3256
obligations issued pursuant to this article directly or indirectly 3257
by any means or in any manner. 3258
(m) To covenant as to books of account of such 3259
municipality and as to the inspection and audit thereof and as to 3260
the accounting methods. 3261
(n) To covenant as to the rights, liabilities, powers 3262
and duties arising upon the breach by such municipality of any 3263
covenant, condition or obligation assumed pursuant to this 3264
article. 3265
(o) To make such covenants and do any and all such acts 3266
and things as may be necessary, convenient or desirable in order 3267
to secure any bonds or other obligations issued pursuant to this 3268
article, or in the absolute discretion of the authorities of such 3269
municipality in order to make such bonds or other obligations more 3270
marketable, notwithstanding that such covenants, acts, or things 3271
may not be enumerated herein or expressly authorized herein; it 3272
being the intention hereby to give the authorities of any 3273
municipality issuing bonds or other obligations pursuant to this 3274
article the power to do all things in the issuance of said bonds 3275
or other obligations and for their execution that may not be 3276
inconsistent with the constitution of the State of Mississippi. 3277
SECTION 82. Section 59-7-323, Mississippi Code of 1972, is 3278
brought forward as follows: 3279
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59-7-323. Any municipality issuing bonds or other 3280
obligations pursuant to this article shall, so long as any such 3281
bonds or other obligations remain outstanding and unpaid, by 3282
resolution or resolutions duly adopted, authorize and appoint a 3283
trustee, satisfactory to the purchaser or purchasers of any bonds 3284
or other obligations issued pursuant to this article or any 3285
successor thereto, with the following powers and duties: 3286
(a) Such trustee so appointed, or any successor 3287
thereto, shall receive and receipt for all monies collected or to 3288
be collected as receipts from the aforesaid two-mill tax by the 3289
aforesaid tax collector, and/or any other tax collecting agency 3290
authorized by law for the collection of said taxes, as provided 3291
for in Section 59-7-303; 3292
(b) Such trustee so appointed, or any successor 3293
thereto, shall receive and receipt for all monies paid or to be 3294
paid to it in accordance with Section 59-7-307, constituting the 3295
net revenues derived from the operation of the improvements and 3296
facilities authorized by this article; 3297
(c) Such trustee so appointed, or any successor 3298
thereto, shall deposit all monies received or to be received, in a 3299
special account or accounts in a bank or banks which are members 3300
of the Federal Deposit Insurance Corporation, with such provisions 3301
for security therefor as may be incorporated in any agreement or 3302
agreements entered into between any such municipality and the 3303
purchaser or purchasers of any such bonds or other obligations; 3304
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(d) Such trustee so appointed, or any successor 3305
thereto, shall use and apply all such monies so received to the 3306
payment of principal of and interest on any bonds or other 3307
obligations issued by any municipality pursuant to this article, 3308
as the same become due, and shall use and apply any surplus 3309
remaining after such payment or payments for the prior redemption, 3310
with or without premium, of bonds or other obligations issued by 3311
any municipality pursuant to this article, or in accordance with 3312
the provisions of any agreement or agreements as may be made 3313
between any municipality issuing bonds or other obligations 3314
pursuant to this article and the purchaser or purchasers of such 3315
bonds or other obligations; 3316
(e) Such trustee so appointed, or any successor 3317
thereto, shall have and be vested with all rights, powers and 3318
duties, in addition to the foregoing, as may be provided for in 3319
any agreement or agreements between any municipality issuing bonds 3320
or other obligations pursuant to this article and the purchaser or 3321
purchasers of such bonds, or other obligations; 3322
(f) Such trustee so appointed, or any successor 3323
thereto, shall by an instrument in writing, accept such trust and 3324
shall file such written acceptance of such trust with the clerk of 3325
the municipality so appointing such trustee; 3326
(g) If such trustee so appointed, or any successor 3327
thereto, shall fail, neglect or refuse to perform any of the 3328
duties herein imposed or that may be imposed by reason of any of 3329
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the provisions of any agreement or agreements as aforesaid, such 3330
trustee, or any successor thereto, shall, on the written request 3331
of twenty per centum or more in aggregate principal amount of the 3332
holder or holders of bonds or other obligations issued pursuant to 3333
this article, be removed, by resolution duly adopted by the 3334
municipality by which such trustee, or any successor thereto, was 3335
appointed; and in such event, it shall be the duty of any such 3336
trustee so removed to effectuate a valid transfer of all monies 3337
then in the possession or under the control of such trustee so 3338
removed to a duly appointed successor, and a failure on the part 3339
of such trustee so removed to do so shall constitute an 3340
embezzlement of such monies and shall be punishable accordingly; 3341
(h) In the event any such trustee so appointed, or any 3342
successor thereto, shall be removed as hereinabove provided, it 3343
shall be the duty of any municipality, which shall have removed 3344
any such trustee, immediately by resolution duly adopted to 3345
appoint a trustee, as successor thereto, who is satisfactory to 3346
said holder or holders of twenty per centum or more in aggregate 3347
principal amount of bonds or other obligations issued pursuant to 3348
this article. 3349
SECTION 83. Section 59-7-401, Mississippi Code of 1972, is 3350
brought forward as follows: 3351
59-7-401. Nothing in this article shall be construed as 3352
repealing or altering any existing laws now on the statute books 3353
affecting any ports or port laws, and this article is to be 3354
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considered supplementary, and any word, sentence or paragraph in 3355
this article that may be in conflict with the provisions of any 3356
other law shall not affect any such law. The constitutionality of 3357
this article shall not affect any existing law now on the statute, 3358
nor shall the constitutionality of any law now on the statutes be 3359
questioned with this article. 3360
SECTION 84. Section 59-7-403, Mississippi Code of 1972, is 3361
brought forward as follows: 3362
59-7-403. An ad valorem tax of one mill on each one dollar 3363
of the total assessed valuation of all the taxable property in 3364
each county or counties in the State of Mississippi, in which 3365
there is located a port or harbor where there is maintained a 3366
channel to a depth of not less than eight feet, is hereby levied 3367
on all taxable property, in or for each year in which the 3368
principal of or interest on any bonds or other obligations issued 3369
by any municipality pursuant to this article becomes due. The 3370
receipts from said one mill tax shall be withheld by the tax 3371
collector of said county, and/or by any other tax collecting 3372
agency authorized by law for the collection of said taxes, from 3373
receipts from state ad valorem taxes now in effect or which may be 3374
hereafter levied, so long as said state ad valorem taxes shall be 3375
not less than the said one mill tax herein levied. However, if no 3376
state ad valorem taxes equal to or greater than the said one mill 3377
tax herein levied is now or shall be hereafter levied, then and in 3378
that event, the said one mill tax herein levied shall continue to 3379
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be levied and collected as herein provided in each such county or 3380
counties in or for each year in which the principal of or interest 3381
on any bonds or other obligations issued by any municipality 3382
pursuant to this article becomes due. The said tax collector, 3383
and/or any other tax collecting agency authorized by law for the 3384
collection of said taxes, shall pay over all moneys collected or 3385
to be collected as receipts from the one mill tax to any trustee 3386
or successor thereto established as hereinafter provided in 3387
Section 59-7-429, and in the event that there is no such trustee, 3388
then said tax collector, and/or any other tax collecting agency 3389
authorized by law for collection of said taxes, shall pay over all 3390
such moneys into the county depository of each such county to the 3391
credit of a fund which shall be known as a port fund. Any such 3392
moneys so paid into the county depository of each such county to 3393
the credit of said port fund may be expended at the direction of 3394
the port commission, appointed for any port or harbor through 3395
which commerce flows and having not less than eight industries 3396
engaged in the seafood industry. The provisions of this article 3397
shall be deemed to be a contract with the holders of any bonds or 3398
other obligations issued pursuant to this article. 3399
SECTION 85. Section 59-7-407, Mississippi Code of 1972, is 3400
brought forward as follows: 3401
59-7-407. A port commission created under this article shall 3402
consist of six (6) members who shall be qualified electors of the 3403
municipality operating under this article, and shall be appointed 3404
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as follows: two (2) shall be appointed by the Governor, two (2) 3405
shall be appointed by the governing authorities of the 3406
municipality, and two (2) shall be appointed by the board of 3407
supervisors of the county. The commission shall have jurisdiction 3408
over the port, terminals, harbors and passes leading thereto, and 3409
all vessels, boats and wharves, common carriers and public 3410
utilities using the port. Commissioners shall be paid the uniform 3411
per diem compensation authorized in Section 25-3-69 for the 3412
discharge of official duties at meetings called in accordance with 3413
Section 59-7-409. 3414
In the first instance, the two (2) commissioners appointed by 3415
the Governor shall be appointed for terms of five (5) and four (4) 3416
years, respectively, from the date of appointment; one (1) member 3417
appointed by the board of supervisors shall be appointed for a 3418
term of three (3) years from the date of appointment, and the 3419
members appointed by the governing authorities of the municipality 3420
shall be appointed for terms of two (2) and one (1) years, 3421
respectively, from the date of appointment. The additional member 3422
appointed by the board of supervisors shall be appointed to a term 3423
of five (5) years. After the first appointments, thereafter each 3424
member appointed shall be appointed for a term of five (5) years. 3425
The commission shall, upon appointment, organize as provided 3426
in Section 59-7-409. 3427
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A port commission created under this article may be dissolved 3428
by the governing authorities of the municipality as provided under 3429
Section 59-7-408. 3430
SECTION 86. Section 59-7-408, Mississippi Code of 1972, is 3431
brought forward as follows: 3432
59-7-408. (1) The governing authorities of a municipality 3433
may dissolve a port commission created under this article by 3434
adopting a resolution in which they determine that the dissolution 3435
of the port commission is in the best interest of the citizens of 3436
the municipality and authorizing the municipality to assume the 3437
powers and duties of the port commission. 3438
(2) After the adoption of the dissolution resolution, the 3439
port commission shall enter into an agreement with the 3440
municipality which shall provide for: 3441
(a) the transfer of all powers, duties, and 3442
responsibilities of the port commission to the municipality; 3443
(b) the transfer of all property and assets, real and 3444
personal, of the port commission to the municipality; 3445
(c) the assignment of all contracts, leases, agreements 3446
and revenue generated by the port commission to the municipality; 3447
(d) the assumption by the municipality of all just 3448
claims and obligations of the port commission associated with the 3449
operation and maintenance of the port facilities; and 3450
(e) any other provisions necessary for the 3451
implementation of the dissolution. 3452
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(3) All tax levies and assessments used for existing bonded 3453
indebtedness shall continue until such indebtedness is paid. 3454
SECTION 87. Section 59-7-409, Mississippi Code of 1972, is 3455
brought forward as follows: 3456
59-7-409. The port commission established by Section 3457
59-7-407 shall meet at a regular place to be designated by the 3458
port commission for organization as a port commission, after 3459
giving at least ten (10) days' notice of the time and place of the 3460
meeting by publication in a newspaper published in the city, and 3461
they shall elect a president and secretary who shall be members of 3462
the commission. The president shall be elected annually and shall 3463
vote only in cases of a tie vote. 3464
SECTION 88. Section 59-7-411, Mississippi Code of 1972, is 3465
brought forward as follows: 3466
59-7-411. It shall be the duty of the commission to keep a 3467
minute book in which shall be recorded all of their acts, orders, 3468
rules and regulations. It shall be the duty of said commission to 3469
adopt rules and regulations not inconsistent with law to govern 3470
their official acts. It shall be the duty of said commission to 3471
make and publish all needful rules and regulations to govern the 3472
harbor, docks, and passes within its jurisdiction, and to fix 3473
tariffs, fees, fines, penalties and forfeitures for the violations 3474
of the rules and regulations of said commission, and said 3475
commission shall have the power to fix and determine all port and 3476
terminal charges, and it may enforce the collection thereof 3477
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through any court of competent jurisdiction in this state. This 3478
section shall not apply to public utilities nor to railroad 3479
terminal charges covered by or carried in approved tariffs 3480
authorized by Interstate Commerce Commission nor to lawful 3481
railroad operation and activities. 3482
It shall be the duty of said commission to employ such help, 3483
including a port director, secretary, and such other help as will 3484
be necessary to carry on the business and work of such commission, 3485
and it will be the duty of said port commissioners to see that all 3486
port employees, such as harbormaster, pilots, and any and all 3487
other necessary employees for the operation of said port, perform 3488
any and all such duties as required for the operation of said 3489
port, at salaries to be determined by said port commission. 3490
SECTION 89. Section 59-7-413, Mississippi Code of 1972, is 3491
brought forward as follows: 3492
59-7-413. All improvements and facilities constructed 3493
pursuant to this article shall be maintained and operated under 3494
the control of the port commission as provided by this article. 3495
The port commission shall, subject to and in accordance with any 3496
agreement or agreements as may be made by any such municipality 3497
with the purchaser or purchasers of bonds or other obligations 3498
issued pursuant to this article, prescribe, levy and collect all 3499
rents, fees, tolls, revenues and/or other charges in connection 3500
with the use and occupancy of the aforesaid improvements and 3501
facilities, and shall pay over all net revenues derived from the 3502
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operation of said improvements and facilities to any trustee, or 3503
successor thereto, established as hereinafter provided in Section 3504
59-7-429. The net revenues shall be deemed to be such as may be 3505
defined in any agreement or agreements entered into between any 3506
such municipality and the purchaser or purchasers of any bonds or 3507
other obligations issued pursuant to this article. The port 3508
commission shall make an annual report to the Governor of the 3509
State of Mississippi, to the municipality having such port or 3510
harbor, and to the State Legislature. 3511
SECTION 90. Section 59-7-415, Mississippi Code of 1972, is 3512
brought forward as follows: 3513
59-7-415. Any municipality, in which there is situated and 3514
located in whole or in part a port or harbor through which 3515
commerce flows and having not less than eight industries engaged 3516
in the seafood industry as aforesaid, is hereby given authority, 3517
upon the adoption of a resolution to such effect, to issue bonds 3518
or other obligations for any or all of the purposes as provided in 3519
this article. The books of account and other sources of 3520
information pertaining to duties under the provisions of this 3521
article, or any port commission, municipality and/or county 3522
affected by this article, shall be and remain at all times open to 3523
inspection and subject to audit by the holder or holders of any 3524
bonds or other obligations issued pursuant to this article. 3525
SECTION 91. Section 59-7-417, Mississippi Code of 1972, is 3526
brought forward as follows: 3527
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59-7-417. The power to issue bonds or other obligations 3528
authorized by Section 59-7-415 shall be vested in, and may be 3529
exercised from time to time by the governing body of any such 3530
municipality described in said section. Such bonds or other 3531
obligations shall be authorized by resolution of the governing 3532
body of any such municipality and shall bear such date or dates, 3533
mature at such time or times, not exceeding twenty (20) years from 3534
their respective dates, be in such denomination, be in such form, 3535
either coupon or registered, carry such registration privileges, 3536
be executed in such a manner, be payable in such medium of 3537
payment, at such place or places, and be subject to such terms of 3538
prior redemption, with or without premium, as such resolution or 3539
resolutions may provide. Such bonds shall not bear a greater 3540
overall maximum interest rate to maturity than that allowed in 3541
Section 75-17-103. No bond shall bear more than one (1) rate of 3542
interest; each bond shall bear interest from its date to its 3543
stated maturity date at the interest rate specified in the bid; 3544
all bonds of the same maturity shall bear the same rate of 3545
interest from date to maturity; all interest accruing on such 3546
bonds so issued shall be payable semiannually or annually, except 3547
that the first interest coupon attached to any such bond may be 3548
for any period not exceeding one (1) year. 3549
No interest payment shall be evidenced by more than one (1) 3550
coupon and neither cancelled nor supplemental coupons shall be 3551
permitted. The lowest interest rate specified for any bonds 3552
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issued shall not be less than seventy percent (70%) of the highest 3553
interest rate specified for the same bond issue. The interest 3554
rate of any one (1) interest coupon shall not exceed the maximum 3555
interest rate on such bonds. 3556
Each interest rate specified in any bid must be in multiples 3557
of one-eighth of one percent (1/8 of 1%) or in multiples of 3558
one-tenth of one percent (1/10 of 1%). Such bonds shall be 3559
executed by the manual or facsimile signature of the mayor and 3560
clerk of such municipality, with the seal of the municipality 3561
affixed thereto. At least one (1) signature on each bond shall be 3562
a manual signature, as specified in the resolution. The coupons 3563
may bear only the facsimile signatures of such mayor and clerk. 3564
Such bonds or other obligations may be sold at public or private 3565
sale for such price or prices as the governing body of such 3566
municipality shall determine, but in no case to exceed the rate of 3567
interest hereinbefore provided. No bonds shall be issued and sold 3568
under the provisions of this article for less than par and accrued 3569
interest. 3570
Such bonds or other obligations may be issued by any 3571
municipality described in Section 59-7-415 in a principal amount 3572
not exceeding Seven Million Five Hundred Thousand Dollars 3573
($7,500,000.00) outstanding at any one time for any purpose or 3574
purposes authorized by Section 59-7-405. Such municipality shall 3575
have power, out of any funds available, to purchase any bonds or 3576
other obligations issued by it pursuant to this article, and all 3577
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bonds or other obligations so purchased shall be cancelled, and no 3578
bonds or other obligations shall be issued in lieu thereof. In 3579
anticipation of the issuance of the definitive bonds authorized by 3580
this article, any such municipality may issue interim 3581
certificates. Such interim certificates shall be in such form, 3582
contain such terms, conditions or provisions, bear such date or 3583
dates, and evidence such agreement or agreements, relating to 3584
their discharge by payment or by the delivery of the definitive 3585
bonds, as such municipality, by resolution of its governing body, 3586
may determine. Any bonds, interim certificates or other 3587
obligations issued pursuant to this article shall be fully 3588
negotiable within the meaning and for all the purposes of the 3589
Mississippi Uniform Commercial Code, and may be validated as 3590
provided by statute. 3591
SECTION 92. Section 59-7-419, Mississippi Code of 1972, is 3592
brought forward as follows: 3593
59-7-419. The proceeds from the sale of any bonds or other 3594
obligations issued pursuant to this article shall be placed to the 3595
credit of such municipality in a bank or banks, which are members 3596
of the federal deposit insurance corporation and may be withdrawn 3597
therefrom in accordance with any agreement or agreements entered 3598
into between such municipality and the purchaser or purchasers of 3599
such bonds or other obligations and shall be used for no other 3600
purpose than the purpose of such municipality. Any officer or 3601
other person diverting or assisting to divert any such funds to 3602
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any other purpose or purposes than the purpose or purposes 3603
originally set forth in said resolution of the governing body of 3604
said municipality shall be guilty of a felony and punishable 3605
accordingly, and shall be liable both personally and on official 3606
bonds for such diversion. 3607
Nothing in this article shall be construed as a guarantee on 3608
the part of the State of Mississippi to pay the principal or 3609
interest on any bonds or other obligations issued pursuant to this 3610
article. 3611
SECTION 93. Section 59-7-421, Mississippi Code of 1972, is 3612
brought forward as follows: 3613
59-7-421. Any municipality issuing bonds or other 3614
obligations pursuant to this article by resolution or resolutions 3615
duly adopted, is hereby given authority to execute and deliver a 3616
mortgage or deed of trust, in such form, with such validity and 3617
with such remedies as at present authorized under the laws of the 3618
State of Mississippi, on any or all properties, improvements and 3619
facilities, the acquisition, construction, maintenance and/or 3620
operation of which are provided for by this article. Such 3621
resolution or resolutions of said municipality shall prescribe the 3622
provisions, covenants and conditions of any such mortgage or deed 3623
of trust. Such provisions, covenants and conditions, if not 3624
self-executing, may be enforced by appropriate proceedings, either 3625
in law or in equity. 3626
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SECTION 94. Section 59-7-423, Mississippi Code of 1972, is 3627
brought forward as follows: 3628
59-7-423. The bonds or other obligations issued by any 3629
municipality of the State of Mississippi pursuant to this article 3630
shall not constitute a debt within the meaning of any statutory 3631
limitation as to the amount of debt which may be incurred by any 3632
such municipality, nor shall such bonds or other obligations be 3633
payable out of any funds other than the revenue collected or 3634
collectible from the use of said docks, harbors and facilities of 3635
whatsoever nature, and out of the receipts the said one mill ad 3636
valorem tax, in accordance with the provisions of Section 3637
59-7-403. 3638
SECTION 95. Section 59-7-425, Mississippi Code of 1972, is 3639
brought forward as follows: 3640
59-7-425. Bonds or other obligations issued pursuant to this 3641
article and any interest thereon or income therefrom shall be 3642
exempt from all taxation, except gift, transfer and inheritance 3643
taxes, in so far as may be within the power of the State of 3644
Mississippi so to provide. 3645
SECTION 96. Section 59-7-427, Mississippi Code of 1972, is 3646
brought forward as follows: 3647
59-7-427. In connection with the issuance of bonds or other 3648
obligations by any municipality pursuant to this article, or in 3649
order to secure the payment of said bonds or other obligations, 3650
such municipality shall have power: 3651
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(a) To accept grants from the United States of America, 3652
the president of the United States, the federal emergency 3653
administrator of public works, or such other agencies, 3654
instrumentalities or corporations as may be designated or created 3655
to make grants or loans (hereinafter termed "federal agency") 3656
pursuant to the national industry recovery act and any further act 3657
of the congress of the United States providing for the 3658
construction of useful public works (hereinafter termed "national 3659
industrial recovery act"), for or in aid of work, development or 3660
improvement authorized by this article. 3661
(b) To make such contracts and execute such instruments 3662
containing such provisions, covenants and conditions as in the 3663
discretion of the authorities of any such municipalities may be 3664
necessary, proper or advisable for the purpose of obtaining or 3665
securing grants, loans, or other financial assistance from any 3666
federal agency pursuant to the national industrial recovery act; 3667
to make such further, different or additional contracts and 3668
execute all instruments necessary or convenient in or for the 3669
furtherance of any work, development or improvement, including but 3670
not limited to all property, real and personal, appurtenant 3671
thereto or connected therewith and the existing work, development 3672
or improvement, if any, to which the work, development or 3673
improvement authorized by this article is an extension, addition, 3674
betterment or embellishment (hereinafter termed "work, development 3675
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or improvement") to carry out and perform the terms and conditions 3676
of any such contract or instrument. 3677
(c) To pledge all or any part of the fees, rents, 3678
tolls, revenues or other charges received or receivable by such 3679
municipality and/or port commission from any work, development or 3680
improvement to which its right then exists or the right to which 3681
may thereafter come into existence. 3682
(d) To covenant against the pledging of all or any part 3683
of the fees, rents, tolls, revenues or other charges received or 3684
receivable by such municipality and/or port commission from any 3685
work, development or improvement to which its right then exists or 3686
the right to which may thereafter come into existence. 3687
(e) To covenant against the encumbering of all or any 3688
part of any work, development or improvement or against permitting 3689
or suffering any lien thereon. 3690
(f) To covenant as to what other or additional debt may 3691
be incurred by such municipality. 3692
(g) To provide for the preparation, specifications, 3693
terms, form, registration, extension, execution and authentication 3694
of any bonds or other obligations, issued pursuant to this 3695
article. 3696
(h) To provide for the replacement of lost, destroyed 3697
or mutilated bonds or other obligations issued pursuant to this 3698
article. 3699
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(i) To covenant as to the fees, rents, revenues or 3700
tolls to be charged, the amount to be raised each year or other 3701
period of time and as to the use and disbursement to be made 3702
thereof. 3703
(j) To covenant to set aside or to pay over reserves 3704
and sinking funds and as to the disposal thereof. 3705
(k) To redeem prior to maturity, with or without 3706
premium, bonds or other obligations issued pursuant to this 3707
article and to covenant for their prior redemption and to provide 3708
the terms and conditions thereof. 3709
(l) To covenant against extending the time for the 3710
payment of the interest on or principal of the bonds or other 3711
obligations issued pursuant to this article directly or indirectly 3712
by any means or in any manner. 3713
(m) To covenant as to books of account of such 3714
municipality and as to the inspection and audit thereof and as to 3715
the accounting methods. 3716
(n) To covenant as to the rights, liabilities, powers 3717
and duties arising upon the breach by such municipality of any 3718
covenant, condition or obligation assumed pursuant to this 3719
article. 3720
(o) To make such covenants and do any and all such acts 3721
and things as may be necessary, convenient or desirable in order 3722
to secure any bonds or other obligations issued pursuant to this 3723
article, or in the absolute discretion of the authorities of such 3724
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municipality in order to make such bonds or other obligations more 3725
marketable, notwithstanding that such covenants, acts, or things 3726
may not be enumerated herein or expressly authorized herein; it 3727
being the intention hereby to give the authorities of any 3728
municipality issuing bonds or other obligations pursuant to this 3729
article the power to do all things in the issuance of said bonds 3730
or other obligations and for their execution that may not be 3731
inconsistent with the constitution of the State of Mississippi. 3732
SECTION 97. Section 59-7-429, Mississippi Code of 1972, is 3733
brought forward as follows: 3734
59-7-429. Any municipality issuing bonds or other 3735
obligations pursuant to this article shall, so long as any such 3736
bonds or other obligations remain outstanding and unpaid, by 3737
resolution or resolutions duly adopted, authorize and appoint a 3738
trustee, satisfactory to the purchaser or purchasers of any bonds 3739
or other obligations issued pursuant to this article, or any 3740
successor thereto, with the following powers and duties: 3741
(a) Such trustee so appointed, or any successor 3742
thereto, shall receive and receipt for all moneys collected or to 3743
be collected as receipts from the aforesaid two-mill tax by the 3744
aforesaid tax collector, and/or any other tax collecting agency 3745
authorized by law for the collection of said taxes, as provided 3746
for in Section 59-7-403; 3747
(b) Such trustee so appointed, or any successor 3748
thereto, shall receive and receipt for all moneys paid or to be 3749
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paid to it in accordance with Section 59-7-407, constituting the 3750
net revenues derived from the operation of the improvements and 3751
facilities authorized by this article; 3752
(c) Such trustee so appointed, or any successor 3753
thereto, shall deposit all moneys received or to be received, in a 3754
special account or accounts in a bank or banks which are members 3755
of the federal deposit insurance corporation, with such provisions 3756
for security therefor as may be incorporated in any agreement or 3757
agreements entered into between any such municipality and the 3758
purchaser or purchasers of any such bonds or other obligations; 3759
(d) Such trustee so appointed, or any successor 3760
thereto, shall use and apply all such moneys so received to the 3761
payment of principal of and interest on any bonds or other 3762
obligations issued by any municipality pursuant to this article, 3763
as the same becomes due, and shall use and apply any surplus 3764
remaining after such payment or payments for the prior redemption, 3765
with or without premium, of bonds or other obligations issued by 3766
any municipality pursuant to this article, or in accordance with 3767
the provisions of any agreement or agreements as may be made 3768
between any municipality issuing bonds or other obligations 3769
pursuant to this article and the purchaser or purchasers of such 3770
bonds or other obligations; 3771
(e) Such trustee so appointed, or any successor 3772
thereto, shall have and be vested with all rights, powers and 3773
duties, in addition to the foregoing, as may be provided for in 3774
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any agreement or agreements between any municipality issuing bonds 3775
or other obligations pursuant to this article and the purchaser or 3776
purchasers of such bonds or other obligations; 3777
(f) Such trustee so appointed, or any successor 3778
thereto, shall by an instrument in writing, accept such trust and 3779
shall file such written acceptance of such trust with the clerk of 3780
the municipality so appointing such trustee; 3781
(g) If such trustee so appointed, or any successor 3782
thereto, shall fail, neglect or refuse to perform any of the 3783
duties herein imposed or that may be imposed by reason of any of 3784
the provisions of any agreement or agreements as aforesaid, such 3785
trustee, or any successor thereto, shall, on the written request 3786
of twenty per centum or more in aggregate principal amount of the 3787
holder or holders of bonds or other obligations issued pursuant to 3788
this article, be removed, by resolution duly adopted by the 3789
municipality by which such trustee, or any successor thereto, was 3790
appointed; and in such event, it shall be the duty of any such 3791
trustee so removed to effectuate a valid transfer of all moneys 3792
then in the possession or under the control of such trustee so 3793
removed to a duly appointed successor, and a failure on the part 3794
of such trustee so removed to do so shall constitute an 3795
embezzlement of such moneys and shall be punishable accordingly; 3796
(h) In the event any such trustee so appointed, or any 3797
successor thereto, shall be removed as hereinabove provided, it 3798
shall be the duty of any municipality which shall have removed any 3799
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such trustee, immediately by resolution duly adopted to appoint a 3800
trustee as successor thereto, who is satisfactory to said holder 3801
or holders of twenty per centum or more in aggregate principal 3802
amount of bonds or other obligations issued pursuant to this 3803
article. 3804
SECTION 98. Section 59-7-451, Mississippi Code of 1972, is 3805
brought forward as follows: 3806
59-7-451. Any county in the State of Mississippi bordering 3807
on the Mississippi River which has not heretofore created a county 3808
port authority or county port commission is hereby authorized, in 3809
the discretion of the board of supervisors of such county, as 3810
evidenced by a resolution adopted by such board of supervisors, to 3811
create a county port commission. 3812
SECTION 99. Section 59-7-453, Mississippi Code of 1972, is 3813
brought forward as follows: 3814
59-7-453. Such county port commission shall consist of seven 3815
(7) members to be appointed by the board of supervisors, one (1) 3816
of whom shall represent each of the supervisors districts of the 3817
county and shall be a resident of such supervisor’s district, and 3818
two (2) members shall be appointed from the county at large and be 3819
residents of the county. The two (2) at-large members shall be 3820
designated as post 1 and post 2. The initial terms of office of 3821
the members representing the supervisors districts shall expire as 3822
follows: District 1, July 1, 1974; District 2, July 1, 1975; 3823
District 3, July 1, 1976; District 4, July 1, 1977; District 5, 3824
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July 1, 1978. The at-large members’ terms shall expire as 3825
follows: post 1 shall expire July 1, 1979, and post 2 shall expire 3826
July 1, 1981. All succeeding terms shall be for terms of five (5) 3827
years. Any vacancy occurring therein shall be filled for the 3828
unexpired term by appointment of the board of supervisors. Where 3829
such port commission has been established or may be established as 3830
herein provided, the said port commission shall undertake and 3831
perform the duties assigned to it by the board of supervisors, and 3832
said commission shall manage and control all port facilities which 3833
may be authorized and constructed by virtue of the terms and 3834
provisions of Sections 59-7-101 through 59-7-131, 59-7-201 through 3835
59-7-213, and 59-7-501 through 59-7-519, and all appurtenant and 3836
physical properties connected therewith, both real and personal, 3837
and shall provide for the regular inspection, repair, maintenance 3838
and improvement of said port facilities as provided therein. 3839
In addition to the authority granted herein, and 3840
notwithstanding the provisions of any other law to the contrary, 3841
the commission may, subject to the approval of the board of 3842
supervisors, purchase any existing railroad or railroad 3843
facilities, within or without such county, which it deems 3844
necessary for the development of its port facilities. 3845
In addition to any other authority to borrow funds for the 3846
purposes of this chapter, the board of supervisors may borrow 3847
funds from any agency of the United States government on such 3848
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terms as the board determines to be in the best interest of the 3849
county. 3850
Any railroad or railroad facilities purchased under the 3851
provisions of this section may be operated by the county or others 3852
on behalf of the county, or may be leased to others by the county. 3853
The commission may establish, charge and collect any tariffs, 3854
rates or other charges in connection therewith as may be necessary 3855
or advisable to accomplish the purposes of this section. 3856
SECTION 100. Section 59-7-455, Mississippi Code of 1972, is 3857
brought forward as follows: 3858
59-7-455. The duties and authority conferred in Sections 3859
59-7-101 through 59-7-131, through 59-7-201 through 59-7-211, 3860
59-7-501 through 59-7-519, and Sections 27-39-3 through 27-39-13, 3861
Mississippi Code of 1972, shall apply to any county coming within 3862
the provisions of this article commencing on the date of the 3863
adoption of the aforesaid resolution by the board of supervisors 3864
of said county; provided, however, that the members of such port 3865
commission shall be appointed by the method and for the terms as 3866
herein provided. In addition to the authority granted herein, the 3867
board of supervisors may, in its discretion, expend funds from any 3868
available source, including the county general fund and federal 3869
revenue sharing funds, to carry out the purposes of this article. 3870
SECTION 101. Section 59-7-501, Mississippi Code of 1972, is 3871
brought forward as follows: 3872
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59-7-501. The board of supervisors of any county which has 3873
elected or hereafter may elect to establish a port commission 3874
under the provisions of Article 3 of this chapter, and which 3875
desires to improve its port and harbor facilities by the 3876
construction, maintenance and operation of any revenue-producing 3877
port and/or harbor facility or facilities may issue revenue bonds 3878
of such county to provide funds for such purpose. 3879
SECTION 102. Section 59-7-503, Mississippi Code of 1972, is 3880
brought forward as follows: 3881
59-7-503. Revenue bonds authorized by Section 59-7-501 may 3882
be issued without an election thereon upon the adoption of a 3883
resolution by the board of supervisors of such county upon the 3884
request and recommendation of the port commission of such county. 3885
Such revenue bonds shall not be subject to any limitation as to 3886
amount and shall not be included in computing the statutory 3887
limitation of indebtedness of such county under any present or 3888
future law. Such bonds shall bear date or dates, shall be of such 3889
denomination or denominations, shall be payable at such place or 3890
places within or without the State of Mississippi, shall mature at 3891
such time or times and upon such terms and may be made redeemable 3892
prior to maturity with or without premium, shall bear such 3893
registration privileges and shall be in substantially such form as 3894
shall be determined by resolution of the board of supervisors of 3895
such county. Such bonds shall mature in annual installments 3896
beginning not more than five (5) years from the date thereof and 3897
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extending not more than twenty-five (25) years from the date 3898
thereof. Such bonds shall be signed by the president of the board 3899
of supervisors of such county and the official seal of the county 3900
shall be affixed thereto, attested by the clerk of the board of 3901
supervisors of such county. The interest coupons to be attached 3902
to such bonds may be executed by the facsimile signatures of such 3903
officers. Whenever such bonds shall have been signed by the 3904
officials designated to sign the same who were in office at the 3905
time of such signing but who may have ceased to be such officers 3906
prior to the date of the sale and delivery of such bonds, or who 3907
may not have been in office on the date such bonds may bear, the 3908
signatures of such officers upon such bonds and coupons shall 3909
nevertheless be valid and sufficient for all purposes and have the 3910
same effect as if the person so officially signing such bonds had 3911
remained in office until the delivery of the same to the purchaser 3912
or had been in office on the date such bonds may bear. 3913
SECTION 103. Section 59-7-505, Mississippi Code of 1972, is 3914
brought forward as follows: 3915
59-7-505. All bonds shall bear interest at such rate or 3916
rates as may be determined by resolution of the board of 3917
supervisors of the county issuing them, not to exceed an overall 3918
maximum interest rate to maturity than that allowed in Section 3919
75-17-103, Mississippi Code of 1972. No bond shall bear more than 3920
one (1) rate of interest; each bond shall bear interest from its 3921
date to its stated maturity date at the interest rate specified in 3922
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the bid; all bonds of the same maturity shall bear the same rate 3923
of interest from date to maturity; all interest accruing on such 3924
bonds so issued shall be payable semiannually or annually, except 3925
that the first interest coupon attached to any such bond may be 3926
for any period not exceeding one (1) year. 3927
No interest payment shall be evidenced by more than one (1) 3928
coupon and neither cancelled nor supplemental coupons shall be 3929
permitted; the lowest interest rate specified for any bonds issued 3930
shall not be less than sixty percent (60%) of the highest interest 3931
rate specified for the same bond issue. The interest rate of any 3932
one (1) interest coupon shall not exceed the maximum interest rate 3933
allowed on such bonds. 3934
Each interest rate specified in any bid must be in multiples 3935
of one-eighth of one percent (1/8 of 1%) or in multiples of 3936
one-tenth of one percent (1/10 of 1%), and a zero rate of interest 3937
cannot be named. 3938
SECTION 104. Section 59-7-507, Mississippi Code of 1972, is 3939
brought forward as follows: 3940
59-7-507. All bonds and interest coupons issued under the 3941
provisions of this article shall have and hereby are declared to 3942
have all the qualities and incidents of negotiable instruments 3943
under the Uniform Commercial Code of the State of Mississippi. 3944
Such bonds and the income therefrom shall be exempt from all 3945
taxation within the State of Mississippi. 3946
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SECTION 105. Section 59-7-509, Mississippi Code of 1972, is 3947
brought forward as follows: 3948
59-7-509. The board of supervisors of any county issuing 3949
bonds under the provisions of this article shall sell such bonds 3950
on sealed bids at not less than par plus accrued interest to date 3951
of delivery of the bonds to the purchaser, and in the manner 3952
provided in Section 31-19-25, Mississippi Code of 1972. 3953
SECTION 106. Section 59-7-511, Mississippi Code of 1972, is 3954
brought forward as follows: 3955
59-7-511. The proceeds of the revenue bonds shall be paid 3956
into a special fund designated as the "special project port 3957
improvement fund" in a bank or banks qualified as depositories for 3958
the county issuing bonds under the provisions of this article, and 3959
such proceeds shall be used solely for the purposes for which such 3960
bonds were issued, except as hereinafter provided, and shall be 3961
disbursed upon order of the board of supervisors of such county 3962
with such restrictions, if any, as the resolution authorizing the 3963
issuance of the bonds may provide. If the proceeds of such bonds, 3964
by error of calculation or otherwise, shall be less than the cost 3965
of the project for which such bonds were issued, and the redeeming 3966
of any outstanding bonds, unless otherwise provided in the 3967
resolution authorizing the issuance of such bonds, additional 3968
bonds may in like manner be issued to provide the amount of such 3969
deficit which, unless otherwise provided in the resolution 3970
authorizing the issuance of such bonds, shall be deemed to be of 3971
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the same issue and shall be entitled to payment from the same 3972
funds without preference or priority of the bonds first issued for 3973
the same purpose. If the proceeds of the bonds of any issue shall 3974
exceed the amount required for the project for which the bonds 3975
were issued, such surplus shall be paid into the fund established 3976
for the payment of the principal of and interest on such bonds. 3977
SECTION 107. Section 59-7-513, Mississippi Code of 1972, is 3978
brought forward as follows: 3979
59-7-513. The revenue bonds authorized to be issued by the 3980
provisions of this article may be issued without any other 3981
proceedings or the happening of any other conditions or things 3982
than those specified or required by this article. In the 3983
discretion of the board of supervisors of such county the bonds 3984
authorized and issued hereunder may be submitted to validation in 3985
the chancery court of such county in the manner and with the force 3986
and effect now or hereafter provided by Sections 31-13-1 through 3987
31-13-11, Mississippi Code of 1972, for the validation of county, 3988
municipal, school district and other bonds. 3989
SECTION 108. Section 59-7-515, Mississippi Code of 1972, is 3990
brought forward as follows: 3991
59-7-515. The revenue bonds issued under the provisions of 3992
this article shall be payable, both principal and interest, solely 3993
out of the revenues to accrue from the operation of the facilities 3994
provided through the special project for which such bonds are 3995
issued, and the full faith and credit of the county shall not be 3996
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pledged therefor, nor shall any ad valorem tax be levied for the 3997
payment of such bonds or the interest thereon, and such facts 3998
shall be recited on the face of the bonds. 3999
SECTION 109. Section 59-7-517, Mississippi Code of 1972, is 4000
brought forward as follows: 4001
59-7-517. Any county issuing revenue bonds under the 4002
provisions of this article is hereby authorized by contract or 4003
otherwise to provide for the operation and maintenance of 4004
facilities provided through the special project for which such 4005
bonds are issued and to establish the rates, fees and charges to 4006
be paid by users of such port and/or harbor facilities and shall 4007
provide for a revision of such rates, fees and charges from time 4008
to time as may be necessary to assure the sufficiency of funds to 4009
meet the covenants and pledges made in the resolution pursuant to 4010
which such bonds were issued. 4011
SECTION 110. Section 59-7-519, Mississippi Code of 1972, is 4012
brought forward as follows: 4013
59-7-519. All revenues of every kind and character derived 4014
from the operation of the facilities of any special project 4015
authorized by the provisions of this article shall be paid into 4016
the port fund of such county and into a special account in said 4017
fund to be designated as the "special project revenue fund" and 4018
the resolution of the board of supervisors directing the issuance 4019
of such bonds shall require that such revenues shall be allocated 4020
to and shall be pledged for the following purposes: 4021
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(a) An operation and maintenance fund out of which 4022
there shall be paid the usual and necessary expenses for the 4023
operation and maintenance of the project facilities; 4024
(b) A renewal and replacement fund sufficient to assure 4025
that the project facilities, including equipment, shall be kept in 4026
good repair and working order; 4027
(c) A bond and interest fund which shall be sufficient 4028
to provide for the payment of the principal of and the interest on 4029
the bonds as they mature and accrue, including a reasonable sum 4030
for the creation of a bond reserve fund to assure the payment of 4031
such bonds and the interest therein in the event that sufficient 4032
funds therefor are not otherwise available; and 4033
(d) A contingent fund to provide for unforeseen 4034
contingencies arising in the operation of the project facilities. 4035
Any surplus funds remaining after making the foregoing allocations 4036
shall be dealt with as may be directed by the resolution of the 4037
board of supervisors whereunder such bonds are issued, for the 4038
repayment of advances received from any source, for the payment of 4039
any maturities of principal and interest of such bonds, for the 4040
improvement of the port and/or harbor facilities for which such 4041
bonds were issued, or for the retirement of the outstanding bonds 4042
according to their terms. 4043
SECTION 111. Section 65-33-1, Mississippi Code of 1972, is 4044
brought forward as follows: 4045
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65-33-1. When any public road, street or highway shall 4046
extend along the beach or shore of any body of tidewater, and such 4047
road, street, or highway, or any part thereof shall be exposed or 4048
subject to, or in danger of, damage by water driven against the 4049
shore by storms, the boards of supervisors shall have the power, 4050
and it is hereby made their duty, to erect and maintain all 4051
necessary seawalls, breakwaters, bulkheads, shore stabilization 4052
structures, causeways, bridges, breakwaters, or other necessary 4053
structures or improvements connecting the beach or shore of any 4054
such bodies of water with islands or other land areas located 4055
offshore or connecting therewith, pumped-in sand or earth fills, 4056
sloping beaches, topping, road surfacing, road protection 4057
pavements, aprons, or other necessary devices to protect and 4058
preserve such roads, streets, and highways, or to increase the 4059
strength or stability of any existing road protection structures 4060
by hard surface aprons or other road protection devices or 4061
structures, and for that purpose and for the purpose of 4062
constructing or improving such highway, may issue the bonds of the 4063
county therefor. 4064
SECTION 112. Section 65-33-3, Mississippi Code of 1972, is 4065
brought forward as follows: 4066
65-33-3. The words "sea wall," as used in this chapter, 4067
shall be held to include filling behind the sea wall, culverts, 4068
sluiceways, flood gates, and any other construction work found 4069
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necessary for the protection of the water front from storms, 4070
caving banks, overflow, and other like dangers. 4071
The terms "roads, streets, avenues, and highways" as herein 4072
used shall include all such roads, streets, avenues, and highways 4073
as may form any part of any highway extending along such body of 4074
water through or across such county, or any other existing or 4075
contemplated public road, street, avenue, or highway connected 4076
therewith, extending to or along the side of a harbor or to a boat 4077
landing or dock, which, in the discretion of the board of 4078
supervisors of such county, is in need of the protection provided 4079
in this chapter, whether the same is under the jurisdiction of the 4080
national government, the state, the county, or of any 4081
municipality. 4082
SECTION 113. Section 65-33-5, Mississippi Code of 1972, is 4083
brought forward as follows: 4084
65-33-5. Prior to the issuance of any bonds hereunder, and 4085
precedent to the inauguration of this program, the following steps 4086
shall be taken: 4087
(a) Any such board of supervisors is authorized to 4088
employ competent engineers or technical assistants to make 4089
necessary preliminary plans and specifications and estimates of 4090
cost of the construction of any causeways or bridges or other 4091
structures in connection with any proposed project or projects 4092
which the board may deem necessary and proper. After said 4093
preliminary plans, specifications and estimates of cost have been 4094
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approved by said board, the same shall be filed in the office of 4095
the chancery clerk of such county; 4096
(b) Such board of supervisors shall obtain approval by 4097
the proper United States governmental authorities of the building 4098
of the proposed project, or projects, with regard to questions of 4099
navigation. 4100
SECTION 114. Section 65-33-7, Mississippi Code of 1972, is 4101
brought forward as follows: 4102
65-33-7. Such bonds shall be in the denomination of One 4103
Thousand Dollars ($1,000.00) each and shall mature annually, with 4104
all maturities not longer than twenty-five (25) years, with not 4105
less than one-fiftieth (1/50) of the total issue to mature each 4106
year during the first five (5) years of the life of such bonds, 4107
not less than one-twenty-fifth (1/25) of the total issue to mature 4108
each year during the succeeding ten-year period of the life of 4109
such bonds, and the remainder to be divided into approximately 4110
equal annual payments, one (1) payment to mature each year for the 4111
remaining life of such bonds. Such bonds shall not bear a greater 4112
rate of interest than the maximum amount specified in Section 4113
75-17-103 per annum, and the denomination, form, and place or 4114
places of payment of such bonds shall be fixed in the resolution 4115
or order of the board of supervisors issuing such bonds. Such 4116
bonds shall be signed by the president of the board of supervisors 4117
and countersigned by the clerk thereof, with the official seal of 4118
the county affixed thereto, but the coupons may bear only the 4119
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facsimile signatures of such president and clerk. No bonds shall 4120
be issued and sold under the provisions of Sections 65-33-1 4121
through 65-33-15 for less than par and accrued interest, and not 4122
more than one (1) series of interest coupons shall be attached to 4123
any bonds issued under the provisions of said sections; but all 4124
interest accruing on such bonds so issued shall be payable 4125
semiannually, except that the first interest coupon attached to 4126
any such bond may be for any period not exceeding one (1) year. 4127
Such bonds shall be payable at such place or places as may be 4128
designated therein by said board, shall be fully negotiable, and 4129
shall be sold pursuant to advertised public sale at not less than 4130
par and accrued interest. Such bonds shall not be subject to 4131
other restrictions, limitations or provisions of the general laws 4132
governing the issuance and sale of bonds by the board of 4133
supervisors, and the board of supervisors may sell said bonds at 4134
any time within three (3) years after the sale has been approved 4135
in an election held for that purpose herein required, or three (3) 4136
years after the successful termination of any litigation affecting 4137
the same, or three (3) years after the acquisition of all lands in 4138
the areas to be developed as hereinafter provided, but not later; 4139
however, in no event shall the amount borrowed by any such county 4140
after May 4, 1954, exceed the amount of Twelve Million Dollars 4141
($12,000,000.00) under the provisions of this section. 4142
Before any bonds shall be issued under the cited sections, 4143
the board of supervisors shall adopt a resolution reciting its 4144
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intention to issue such bonds and stating the amount of bonds 4145
proposed to be issued, and shall give notice of election, to be 4146
published once each week for at least three (3) consecutive weeks 4147
in at least one (1) newspaper published in such county, in 4148
accordance with the provisions of Section 19-9-13, except that 4149
such election shall be mandatory. 4150
Such election shall be held, as far as practicable, in the 4151
same manner as other elections are held in counties. At such 4152
election, all qualified electors of such county may vote, and the 4153
ballots used at such election shall have printed thereon a brief 4154
statement of the amount and purpose of the proposed bond issue and 4155
the words "For the Bond Issue" and "Against the Bond Issue," and 4156
the voter shall vote by placing a cross (X) or check mark (V) 4157
opposite his choice on the proposition. 4158
When the results of the election on the question of the 4159
issuance of such bonds shall have been canvassed by the election 4160
commissioners of such county and certified by them to the board of 4161
supervisors of such county, it shall be the duty of such board of 4162
supervisors to determine and adjudicate whether or not 4163
three-fifths (3/5) of the qualified electors who voted in such 4164
election voted in favor of the issuance of such bonds; and, unless 4165
three-fifths (3/5) of the qualified electors who voted in such 4166
election shall have voted in favor of the issuance of such bonds, 4167
then such bonds shall not be issued. 4168
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SECTION 115. Section 65-33-9, Mississippi Code of 1972, is 4169
brought forward as follows: 4170
65-33-9. In addition to the bonds authorized under Section 4171
65-33-7, said board shall have the authority, and it is hereby 4172
authorized, to issue and sell callable mortgage and revenue bonds 4173
in an amount not exceeding four million dollars ($4,000,000.00) to 4174
provide additional funds, if found by the board to be necessary 4175
for the purposes of Sections 65-33-1 through 65-33-15, which 4176
mortgage and revenue bonds shall be secured by a mortgage 4177
indenture on any land acquired by the board under the authority of 4178
said sections and, in the discretion of the board, by tolls to be 4179
fixed and collected by the board for the use of any such bridge or 4180
bridges, causeway or causeways, or other structure, and by any 4181
other revenue derived from any source under said sections. 4182
Such bonds shall be in the denomination of one thousand 4183
dollars ($1,000.00) each, all shall mature within twenty-five 4184
years from the date of issuance, with such dates of maturity not 4185
to exceed twenty-five years as may be fixed in the resolution 4186
authorizing their issuance, shall bear interest not to exceed six 4187
per cent (6%) per annum to accrue and be payable semiannually, and 4188
shall be executed and sold in the manner authorized for the 4189
execution and sale of bonds, as provided in Section 65-33-7. 4190
To secure the payment of such mortgage and revenue bonds and 4191
to fix the rights of the holders thereof, said board may execute a 4192
trust indenture constituting a mortgage lien upon any of the lands 4193
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acquired under the provisions of Sections 65-33-1 through 4194
65-33-15, and which indenture may, in the discretion of the board, 4195
pledge and assign any revenues and tolls which the board may fix 4196
and collect for the use of any bridge or bridges, causeway or 4197
causeways, or other structure financed under the provisions of 4198
said sections. Said indenture shall contain such provisions and 4199
conditions as the board may find necessary or proper, shall 4200
include provisions for insurance of such bridges or causeways 4201
against such hazards as the board may deem proper and necessary, 4202
and shall fix the terms and conditions for calling said mortgage 4203
and revenue bonds for prepayment before their maturities. 4204
SECTION 116. Section 65-33-11, Mississippi Code of 1972, is 4205
brought forward as follows: 4206
65-33-11. In event any such bonds be authorized by said 4207
election for the purpose of building or constructing any causeway 4208
or bridge to any island or islands, then and in that event, and 4209
before any of said bonds shall be sold or delivered, the said 4210
board shall take necessary steps to acquire title to all of the 4211
land on such island or islands, susceptible of private ownership, 4212
not belonging to the United States government or the State of 4213
Mississippi (exclusive of any historic fort or fortress belonging 4214
to a patriotic association with not exceeding five acres of land 4215
surrounding the same); or for binding option or other enforceable 4216
legal right to acquire the same at a price satisfactory to the 4217
said board. However, no land shall be purchased from any private 4218
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owner who has acquired title to said land during the 12 last 4219
months at a price in excess of the cost to the person acquiring 4220
same except by condemnation in a court at law. 4221
After the bond election has carried and after options have 4222
been obtained and other provisions enforceable at law satisfactory 4223
to said board of supervisors have been made for the acquisition of 4224
the land as hereinabove provided, it shall be the duty of the 4225
board of supervisors to employ a suitable engineer or engineers to 4226
make final plans, specifications, and estimates of cost of 4227
construction of the additional and supplementary protection for 4228
public roads and highways and the building and construction of any 4229
causeways, bridges, or other projects authorized by Sections 4230
65-33-1 through 65-33-15. Upon adoption of such plans and 4231
specifications and approval thereof by such board, or upon such 4232
adoption and approval of any revision thereof which may be made 4233
from time to time, said board of supervisors may proceed to sell 4234
and deliver said bonds, or so much thereof as may be necessary, 4235
and proceed to enter into necessary contracts to the lowest and 4236
best bidder, after advertising therefor in the manner by statute 4237
provided, and do all other things necessary toward the 4238
accomplishment of the work contemplated by such plans and 4239
specifications and to acquire in the name of such county such 4240
property or rights in property as may be necessary for the 4241
construction and execution of such plans and specifications and in 4242
compliance with the provisions of said sections relative to the 4243
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acquisition of title to land on any island or islands. Said board 4244
of supervisors shall have the right to acquire by purchase, gift, 4245
or eminent domain any land or lands deemed necessary for roads, 4246
roadways, parks, recreation projects, seashore parks, or other 4247
public grounds approved by such board; no lands so acquired by 4248
eminent domain by said board for such public purposes shall be 4249
sold. Other lands on such island or islands so acquired by such 4250
board may be subdivided into lots, blocks, and building sites and 4251
sold, either at public auction, or prices may be placed upon 4252
individual lots and placed on sale to the public at such prices 4253
and under such terms and conditions as may be fixed by said board. 4254
SECTION 117. Section 65-33-13, Mississippi Code of 1972, is 4255
brought forward as follows: 4256
65-33-13. It shall be the duty of such board to exercise a 4257
continuing supervision over all public lands, works, and road 4258
protection. All bonds issued under the provisions of Section 4259
65-33-7 and all obligations and expenses necessarily incurred in 4260
connection there with shall be paid out of the funds made 4261
available for road protection purposes under this chapter. 4262
Any attorneys' fees paid in connection with or in 4263
consideration of the issuance of any bonds under the terms of 4264
Sections 65-33-1 through 65-33-15, shall not exceed one half of 4265
one per cent of (½ of 1%) the total amount of each bond issue. 4266
The cost of the maintenance of any such causeway or 4267
causeways, bridge or bridges, road and roads shall be defrayed out 4268
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of funds provided under Section 65-33-47, or general county fund, 4269
or from tolls or revenues derived from any bridge or bridges, 4270
causeway or causeways, or facilities provided for herein. Said 4271
county shall insure the causeway or causeways, bridge or bridges, 4272
against such perils as the board may deem proper, such insurance 4273
to be written by an insurance company or companies authorized to 4274
do business in the State of Mississippi, and the premiums therefor 4275
shall be payable out of funds provided under this chapter. 4276
SECTION 118. Section 65-33-15, Mississippi Code of 1972, is 4277
brought forward as follows: 4278
65-33-15. Except as herein to the contrary provided, such 4279
counties, acting by and through their respective boards of 4280
supervisors in the performance of the powers and duties hereunder 4281
granted and provided, shall have and may exercise all powers and 4282
rights, including but not limited to the right of eminent domain 4283
heretofore granted by and under this chapter. 4284
The provisions of Sections 65-33-1 through 65-33-15 are 4285
additional and supplemental to all other powers heretofore or 4286
hereafter granted to counties, and no county shall be deemed to be 4287
required to issue bonds under the provisions hereof. Unless and 4288
until a county shall have issued bonds under the provisions 4289
hereof, such county shall not be obligated by any of the 4290
provisions of said sections, and may avail itself of any law now 4291
or hereafter enacted and which may contain other and different 4292
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provisions concerning the application of the revenues herein 4293
referred to. 4294
SECTION 119. Section 65-33-17, Mississippi Code of 1972, is 4295
brought forward as follows: 4296
65-33-17. The board of supervisors of any county in the 4297
State of Mississippi bordering on the Mississippi Sound or Gulf of 4298
Mexico, having an assessed valuation of less than five million 4299
($5,000,000.00) dollars according to the last completed 4300
assessment, and maintaining a seawall or road protection structure 4301
under this chapter, is hereby authorized, in its discretion, and 4302
subject to complying with the provisions of Sections 65-33-17 4303
through 65-33-21, to borrow funds not to exceed two hundred 4304
thousand ($200,000.00) dollars at a rate of interest not exceeding 4305
six (6%) per cent per annum, in addition to such sums as may have 4306
heretofore been borrowed, for the purpose of constructing, 4307
repairing and maintaining such seawall or road protection 4308
structure and/or the public roads of such county, and in its 4309
discretion, to expend such funds or any part thereof in 4310
conjunction with contributions and allotments of funds, materials 4311
or labor for the works progress administration or other 4312
governmental department for the aforesaid improvements, or any of 4313
them. 4314
SECTION 120. Section 65-33-19, Mississippi Code of 1972, is 4315
brought forward as follows: 4316
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65-33-19. The board of supervisors of any such county may, 4317
in its discretion, issue and sell the bonds of such county in an 4318
amount not exceeding Two Hundred Thousand Dollars ($200,000.00) to 4319
provide funds for the purposes enumerated in Section 65-33-17. 4320
However, such bonds shall not be issued until notice of intention 4321
to issue and sell the same shall have been made by publishing such 4322
notice in two (2) weekly issues of some newspaper having a general 4323
circulation in the county. If, within fifteen (15) days after the 4324
first publication of such notice twenty-five percent (25%) of the 4325
qualified electors of the county petition the board of supervisors 4326
for an election to determine whether or not such bonds shall be 4327
issued, an election shall be ordered by said board of supervisors 4328
in which all of the qualified electors of the county shall be 4329
eligible to participate. If at such election a majority of those 4330
voting vote in favor of the issuance of such bonds the same shall 4331
be issued as provided by statute. In event a majority of the 4332
qualified electors voting vote against the issuance of such bonds 4333
the same shall not be issued and no further effort shall be made 4334
to issue bonds under Sections 65-33-17 through 65-33-21 by such 4335
board for a period of six (6) months after such election. If no 4336
such petition be filed with the clerk of such board of supervisors 4337
within fifteen (15) days after the first publication of such 4338
notice, the board of supervisors shall proceed forthwith to issue 4339
and sell such bonds without an election and without further 4340
notice. 4341
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SECTION 121. Section 65-33-21, Mississippi Code of 1972, is 4342
brought forward as follows: 4343
65-33-21. Bonds issued under the provisions of Sections 4344
65-33-17 through 65-33-21 shall be full faith and credit 4345
obligations of the county for which the same are issued, shall 4346
mature so as to be paid within twenty years from their date of 4347
issuance, and shall be paid out of the funds collected under this 4348
chapter. All bonds, notes and certificates of indebtedness 4349
heretofore issued by such county for seawall and road protection 4350
purposes maturing each year and the interest thereon however, 4351
shall be first provided for and paid out of said funds. The bonds 4352
authorized to be issued under Sections 65-33-17 through 65-33-21 4353
shall not be subject to other limitations, restrictions or 4354
provisions of the general laws or laws which may be enacted at the 4355
Regular 1940 Session of the Mississippi Legislature governing the 4356
borrowing of money, amounts of indebtedness, budget and election, 4357
and shall be payable, both as to principal and interest, from the 4358
same sources of revenue and taxes made available for the payment 4359
of road protection bonds under the provisions of this chapter. 4360
SECTION 122. Section 65-33-23, Mississippi Code of 1972, is 4361
brought forward as follows: 4362
65-33-23. For the purpose of this chapter the several boards 4363
of supervisors are hereby clothed with the power and authority, 4364
and it is made their duty, to exercise the right of eminent domain 4365
in order to procure the right of way for such roads, streets, 4366
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highways, sea walls, breakwaters, bulkheads, sloping beach, and 4367
such other devices as may be adopted for the protection of such 4368
highways. They shall have the power to pass all necessary 4369
ordinances for the preservation and protection of any such road, 4370
sea wall, sloping beach, or other device constructed hereunder, 4371
and the violation of such ordinances shall constitute, and be 4372
punished as, a misdemeanor. 4373
SECTION 123. Section 65-33-25, Mississippi Code of 1972, is 4374
brought forward as follows: 4375
65-33-25. The several boards of supervisors shall have the 4376
power and authority, for the purpose of constructing, maintaining, 4377
and repairing any such sea wall, sloping beach, or other 4378
protection, to purchase, maintain, and operate one or more 4379
dredges, together with all necessary machinery, tools, and 4380
implements for the operation thereof, to employ necessary 4381
engineers and laborers to operate the same, and to insure such sea 4382
wall, sloping beach, or other protection against loss by 4383
hurricanes, tide water, cyclone, tornado, and risks of all kinds; 4384
and the board may pay for the same out of any funds available 4385
collected and paid into the treasury by virtue of this chapter. 4386
SECTION 124. Section 65-33-27, Mississippi Code of 1972, is 4387
brought forward as follows: 4388
65-33-27. Whenever it may be necessary to protect any 4389
highway hereunder, the board of supervisors by an order on its 4390
minutes shall so declare and shall certify the same to the 4391
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governor of the state, who shall thereupon appoint five suitable 4392
freeholders of the county to constitute, and be known as, the road 4393
protection commission of such county, and who shall decide and 4394
recommend the kind and character of protection necessary, to be 4395
approved by the board of supervisors. When such commission shall 4396
have been appointed and shall have organized, said commission 4397
shall select and employ a suitable engineer, to be approved by the 4398
board of supervisors, to make a survey, plans, specifications, and 4399
estimates of costs of construction under the direction of the said 4400
road protection commission, to be approved by the board of 4401
supervisors. When so approved, the board of supervisors may 4402
proceed to issue bonds of the county therefor, and the road 4403
protection commission shall thereupon advertise for bids and let a 4404
contract or contracts therefor. Such contracts shall be submitted 4405
to and approved by the board of supervisors, all contracts under 4406
this section to be executed by the board of supervisors. The road 4407
protection commission and the board of supervisors are authorized 4408
and empowered to do all things and to make all expenditures 4409
necessary to carry out the purposes hereof. 4410
SECTION 125. Section 65-33-29, Mississippi Code of 1972, is 4411
brought forward as follows: 4412
65-33-29. The road protection commission shall organize by 4413
the election of a chairman, and they shall serve without 4414
compensation except actual expenses, which shall be allowed by the 4415
board of supervisors and paid out of the general county fund or 4416
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the road fund, as the board of supervisors may elect. Three 4417
members shall constitute a quorum to transact business, and all 4418
meetings shall be held at the courthouse. Their tenure of office 4419
shall be four years or until the work for which bonds are issued 4420
is completed and accepted, if less than four years. The clerk of 4421
the board of supervisors shall be ex-officio clerk of the road 4422
protection commission, shall attend all meetings, and shall 4423
preserve a record of all proceedings of said commission. 4424
SECTION 126. Section 65-33-31, Mississippi Code of 1972, is 4425
brought forward as follows: 4426
65-33-31. Whenever it shall become necessary to construct, 4427
widen, or protect any highway under the provisions hereof, the 4428
road protection commission shall make publication for thirty (30) 4429
days in some newspaper published in the county wherein such 4430
improvements are made, setting forth the commencement and 4431
termination, with a general outline of the nature and extent 4432
thereof. When any owner of land or other person shall claim 4433
compensation for land taken for such purpose, or for damage 4434
sustained by the construction, widening, improvement, or 4435
protection of such road or highway, he shall petition the board of 4436
supervisors in writing within thirty (30) days after the 4437
expiration of the time provided for such publication, setting 4438
forth the nature and character of the damages claimed. Thereupon 4439
the board shall, on five (5) days' notice to petitioner, go on the 4440
premises and assess the damages sustained by him. The finding of 4441
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the board shall be in writing, signed by the members agreeing to 4442
it, and must be entered on the minutes at the next meeting; but if 4443
the damages sustained and claimed be less than the cost of 4444
assessing, the board may allow the same without inquiry. 4445
SECTION 127. Section 65-33-33, Mississippi Code of 1972, is 4446
brought forward as follows: 4447
65-33-33. All proceedings of the board of supervisors and 4448
the road protection commission in widening, improving, or 4449
protecting any such highway and assessing damages therefor may be 4450
reviewed by the circuit court in respect to any matter of law 4451
arising on the face of the proceeding. On the question of 4452
damages, the case may be tried anew and the damages may be 4453
assessed by a jury if the owner of the land so desires. The board 4454
of supervisors shall grant appeals for that purpose when prayed 4455
for, on appellant giving bond for cost in such penalty as the 4456
board may require, not exceeding $200.00, payable to the county. 4457
SECTION 128. Section 65-33-35, Mississippi Code of 1972, is 4458
brought forward as follows: 4459
65-33-35. All expenses incurred prior to the issuance and 4460
sale of bonds as hereinabove provided may be paid out of the 4461
general county fund or such other fund as the board of supervisors 4462
may select. The fund out of which such expense is paid shall be 4463
reimbursed out of the proceeds of such bond issue when the bonds 4464
are issued and sold. 4465
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SECTION 129. Section 65-33-37, Mississippi Code of 1972, is 4466
brought forward as follows: 4467
65-33-37. The board of supervisors may agree with any 4468
municipality or sea wall district that the county be assessed for 4469
its pro rata share of the construction and maintenance of sea 4470
walls. The assessment shall be paid each year by the county for 4471
whatever period agreed upon by the board of supervisors and the 4472
sea wall district or municipality. 4473
Where any municipality has issued bonds and constructed road 4474
protection, such as is contemplated by this chapter, which 4475
protection is, or shall become, a part of the general scheme to 4476
protect roads, streets, or highways from tidewater in said county, 4477
the board of supervisors may use the funds derived under Sections 4478
65-33-47 and 65-33-49 for the payment and retirement of said 4479
bonds, or for such portion thereof as the board may deem equitable 4480
and just, and to refund upon an equitable and just basis to 4481
municipal property owners who have paid direct special improvement 4482
taxes to municipalities for sea wall or road protection, which sea 4483
wall or road protection is or shall become a part of the general 4484
road system of the county; and said payments may be made in yearly 4485
installments. 4486
SECTION 130. Section 65-33-39, Mississippi Code of 1972, is 4487
brought forward as follows: 4488
65-33-39. When any county of this state has adopted or will 4489
adopt any sea wall or part of a sea wall constructed prior to 4490
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October 31, 1931, by a municipality as a part of its general 4491
system as provided by Section 65-33-37, and where said county has 4492
been unable to take care of or pay the maturing bonds and interest 4493
of said municipality from the gasoline tax as provided by said 4494
section, the said county may borrow funds necessary to pay 4495
outstanding maturing bonds and interest of the municipality issued 4496
for said sea wall, or walls. The said county may borrow said 4497
funds either upon certificates of indebtedness, notes, or bonds, 4498
as in its judgment it may see fit. Said obligation or bonds shall 4499
not be for a period longer than ten years and at a rate of 4500
interest not exceeding six per cent. Said obligations or bonds 4501
shall not be considered as included in any limitation now fixed by 4502
law upon the indebtedness of any county, and said obligations or 4503
bonds may be issued without notice and without an election on the 4504
question of the issuance of same. The said obligation or bonds 4505
issued hereunder shall be general obligations of the county and 4506
payable out of the gasoline tax when available, as provided in the 4507
cited section, and the general sea wall road protection laws. In 4508
the event of the failure of sufficient funds from the said 4509
gasoline tax, the county shall levy a special tax to pay said 4510
bonds. The board of supervisors issuing bonds hereunder may 4511
provide that the first obligations or bonds mature as long as 4512
three years from the date of their issuance, but all interest 4513
shall be paid semiannually. In the event of the failure to 4514
collect sufficient gasoline tax to pay said bonds or obligations 4515
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authorized hereunder, the board of supervisors of the county are 4516
authorized to levy ad valorem taxes to pay same as other sea wall 4517
or road protection bonds. 4518
SECTION 131. Section 65-33-41, Mississippi Code of 1972, is 4519
brought forward as follows: 4520
65-33-41. The board of supervisors of any county may, in its 4521
discretion, levy a special tax for sea wall purposes, not to 4522
exceed five mills, may issue bonds therefor, or may pay for its 4523
pro rata share out of the funds of the county. 4524
SECTION 132. Section 65-33-43, Mississippi Code of 1972, is 4525
brought forward as follows: 4526
65-33-43. In all counties where the bonds of the county are 4527
or have been issued under this chapter or any previous statutes of 4528
a similar character, the boards of supervisors may levy and 4529
collect a privilege tax on each person resident in such county 4530
driving an automobile or other motor vehicle on any of the public 4531
streets or highways of the county, not exceeding two dollars. The 4532
amount of said tax may be varied in case more than one member of a 4533
family pays such tax, the funds arising therefrom to be applied in 4534
the same manner as funds arising under Sections 65-33-45 through 4535
65-33-49 are applied. The boards of supervisors shall have the 4536
power, and it shall be the duty of such boards, to levy annually 4537
on all the taxable property in such counties, and to collect a 4538
special tax sufficient to cover any deficiency, if such deficiency 4539
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occur, in the amount necessary to meet annually such interest and 4540
sinking fund. 4541
SECTION 133. Section 65-33-45, Mississippi Code of 1972, is 4542
brought forward as follows: 4543
65-33-45. Where any county issues or has heretofore issued 4544
its bonds under this chapter or any previous statutes of a similar 4545
character for protection of any highway, there shall be paid into 4546
the treasury of such county fifty percent (50%) of any license 4547
taxes which would otherwise be paid into the State Highway Fund 4548
collected by the state in such county on motor vehicles or drivers 4549
thereof, and fifty percent (50%) of any excise taxes levied and 4550
collected in such county by the state on gasoline which would 4551
otherwise be paid into the State Treasury to the credit of the 4552
State Highway Fund, to meet the interest and annual sinking fund 4553
on such bonds. Such funds shall be applied toward the liquidation 4554
of the interest and sinking fund accruing annually on such bonds, 4555
the other fifty percent (50%) to go into the State Treasury to the 4556
credit of the State Highway Commission, and, if such taxes in any 4557
year should be insufficient to cover such interest and sinking 4558
fund, the deficiency therein shall be supplied out of any other 4559
such funds collected by the state in such county and allotted by 4560
law to such county for road purposes. Nothing herein shall be 4561
construed as a guarantee on the part of the state to pay the 4562
interest or principal on any bonds issued hereunder. 4563
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This section shall not apply to the tax collected from 4564
registration fees and the sale of automobile tags. 4565
Of the surplus of such funds so paid into the treasuries of 4566
Harrison and Jackson Counties, the portions thereof hereinafter 4567
designated, to the extent necessary under the limitations 4568
hereinafter stated, shall be paid by Harrison and Jackson Counties 4569
to the State Highway Commission and shall be applied by said 4570
commission on the annual payments of principal of and interest on 4571
bonds to be issued by the State Bond Commission in an amount not 4572
to exceed Seven Million Dollars ($7,000,000.00), for the 4573
construction, by the State Highway Commission, of a four-lane 4574
highway bridge across the Bay of Biloxi, to form a part of United 4575
States Highway No. 90, to the extent that two thirds of the total 4576
cost of principal and interest on such bonds shall be paid out of 4577
such surplus funds of Harrison County, and one third out of such 4578
surplus funds of Jackson County. 4579
For the purpose of this section, such "surplus funds of 4580
Harrison County" shall be construed to be the amount paid to 4581
Harrison County under this section not pledged to the payment of 4582
principal and interest of bonds issued under this chapter, or any 4583
previous statutes of a similar character for the protection of any 4584
highway, and presently outstanding. "Surplus funds of Jackson 4585
County" shall be construed to be the amount paid to Jackson County 4586
under this section not pledged to the payment of principal and 4587
interest of bonds issued under this chapter, or any previous 4588
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statutes of a similar character for the protection of any highway, 4589
and presently outstanding, and remaining after payment of 4590
principal and interest on bonds now issued or authorized by an 4591
election by Jackson County in connection with its Bayou Casotte 4592
development project under the authority of Senate Bill No. 1265, 4593
Extraordinary Session of 1954, as amended by Senate Bill No. 1624 4594
enacted at the Regular 1958 Session of the Mississippi 4595
Legislature. 4596
Annually, to the extent necessary to meet the annual 4597
requirements for the payment of principal of and interest on said 4598
bonds, Harrison County shall pay to the State Highway Commission 4599
not exceeding two thirds of its aforesaid annual surplus, as 4600
hereinabove defined; and, to the extent necessary and available, 4601
Jackson County shall annually pay to the State Highway Commission 4602
from such surplus funds an amount not exceeding one third of the 4603
annual requirements for bonds issued by the State Bond Commission, 4604
and such amounts as may be necessary to satisfy any deficiency in 4605
preceding annual payments required to be made under the provisions 4606
hereof. 4607
Surplus funds remaining to both Harrison and Jackson 4608
Counties, after making the payments above directed, may be 4609
pledged, used, and expended in whole or part for the payment of 4610
the principal of and interest on bonds issued and to be issued 4611
under the authority of Sections 59-9-1 through 59-9-83; however, 4612
unless and until so pledged all or any part of such surplus now or 4613
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hereafter accumulated may be transferred by the board of 4614
supervisors to a fund designated the county port fund and shall be 4615
subject to expenditure by the county port authority or county 4616
development commission for the purposes and objects authorized by 4617
said sections. All expenditures made by the county port authority 4618
or county development commission shall be audited by the county 4619
auditor, who shall annually report such expenditures to the board 4620
of supervisors. 4621
SECTION 134. Section 65-33-47, Mississippi Code of 1972, is 4622
brought forward as follows: 4623
65-33-47. Where any county issues or has heretofore issued 4624
the bonds of the county under this chapter or any previous 4625
statutes of a similar character, an excise tax of not exceeding 4626
three cents per gallon, in addition to any such tax levied and 4627
collected by the state in such counties, for the distribution of 4628
gasoline, may be collected by such counties. Such collection 4629
shall be made at the time and in the manner provided for the 4630
collection of the gasoline tax generally and shall be remitted by 4631
the auditor of the county at the same time as is remitted the 4632
amount due to the county out of the regular gasoline tax. The 4633
additional funds so derived shall be applied first towards any 4634
deficiency in the amount collected by the state and paid to such 4635
county which may be necessary for the liquidation of the interest 4636
accruing on, and to provide a sinking fund for the retirement of, 4637
such bonds issued by municipalities for road protection and 4638
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refunds as hereinbefore provided. Any overplus or parts thereof 4639
may be used in the construction of road protection pavements or 4640
hard surfaced aprons to any existing road protection heretofore 4641
constructed, or to increase the strength or stability of any such 4642
existing road protection, or in the construction of additional 4643
road protection, or in the repair and maintenance of existing road 4644
protection, or road protection hereafter constructed, as the board 4645
of supervisors may elect. The taxes hereinabove provided for, 4646
upon the faith of which bonds may be issued, shall be levied and 4647
collected annually in an amount estimated to be equal to the 4648
interest and sinking fund on said bonds and shall not, until said 4649
bonds with interest thereon shall have been paid, be lowered 4650
beyond that amount which is estimated to be necessary to produce 4651
annually a sum sufficient to pay interest and provide a sinking 4652
fund, requirements on such bond issue or issues, provided such tax 4653
shall not exceed such reasonable sum as may be legally levied and 4654
collected; said tax and sinking fund may be used by the board of 4655
supervisors to retire bonds issued by municipalities for road 4656
protection purposes and refunds as hereinbefore provided. 4657
Any such county may exempt from the payment of the additional 4658
tax levied on the distribution of gasoline, any and all gasoline 4659
which may be consumed by boats engaged in fishing, by boats in 4660
commerce between the states or in necessary duties as 4661
instrumentalities of the United States government, gasoline 4662
purchased for agricultural purposes or domestic purposes, as was 4663
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defined by Section 12, Chapter 264, Laws of 1946. Such exemption 4664
shall be contained in the order of such board of supervisors 4665
levying the tax on such gasoline and, when such exemption is 4666
granted in such order, then no additional tax shall be required 4667
from the person distributing gasoline direct to consumers using 4668
same in operating boats for fishing, in commerce, or as 4669
instrumentalities of the United States government. When a 4670
distributor is entitled to the said exemption, he shall, when 4671
reporting and remitting to the auditor for the regular gasoline 4672
tax, report also in detail with respect to the distributions 4673
exempted from said additional tax in the same manner as is 4674
required in the section on exemptions and allowances in the 4675
chapter on gasoline taxes. 4676
SECTION 135. Section 65-33-49, Mississippi Code of 1972, is 4677
brought forward as follows: 4678
65-33-49. In those counties operating under this chapter, 4679
the board of supervisors may borrow funds not in excess of Three 4680
Hundred Fifty Thousand Dollars ($350,000.00) at a rate of interest 4681
not exceeding six percent. per annum, in addition to such sums as 4682
may have heretofore been borrowed, for the purpose of extending, 4683
constructing, repairing, or maintaining the road protection of the 4684
county or to protect by sea wall or road protection any street, 4685
highway, road, or avenue connected therewith extending to or along 4686
the side of a harbor or to a boat landing or dock, which, in the 4687
judgment of the board of supervisors of such county, should be so 4688
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protected either for an existing or a contemplated road, street, 4689
highway, or avenue. Such board of supervisors shall have 4690
authority to acquire by purchase or otherwise a dredge boat and 4691
use and operate the same for the purpose of pumping a sand beach 4692
adjacent to such sea wall or road protection structure, and to pay 4693
for same out of any funds provided under this section or any funds 4694
collected under Section 65-33-47. The funds or amount borrowed 4695
for the purpose provided for in this section shall be paid within 4696
a period of ten years from the date borrowed, and shall be paid 4697
out of the funds collected under this chapter. All bonds, notes, 4698
or certificates of indebtedness maturing each year and the 4699
interest thereon, however, shall be first provided for and paid 4700
out of said funds. The loans authorized herein shall not be 4701
subject to other limitations, restrictions, or provisions of the 4702
general laws governing the borrowing of money, amounts of 4703
indebtedness, budget, and election; and said loans may be made by 4704
the board of supervisors of such county either by issuance of 4705
county bonds, notes, or certificates of indebtedness which shall 4706
be full faith and credit obligations of the county issuing the 4707
same and shall be payable, both as to principal and interest, from 4708
the same sources of revenue and taxes made available for the 4709
payment of road protection bonds under the provisions of this 4710
chapter. The money herein authorized to be borrowed may be 4711
borrowed by such board of supervisors from any person, firm, 4712
corporation, governmental lending agency, or from any sinking 4713
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funds of such county, provided that if the money be borrowed from 4714
any sinking fund, it shall be repaid before the sinking fund from 4715
which it is borrowed, when supplemented by funds paid into same, 4716
is needed. Before the board of supervisors shall borrow money 4717
under this section, it shall spread on its minutes an order 4718
reciting such intention and shall thereafter publish a copy of 4719
such order, in two weekly issues of some newspaper having a 4720
general circulation in the county. If, within fifteen days after 4721
the first publication of a copy of such order, twenty-five percent 4722
of the qualified electors of the county petition the board of 4723
supervisors for an election to determine whether or not the 4724
adoption of such order should be annulled, such election shall be 4725
ordered by such board of supervisors. If at such election a 4726
majority of those voting vote in favor of the adoption of such 4727
order, the same shall be valid and effective; but if a majority 4728
shall vote against such order, it shall be annulled and shall be 4729
ineffective, and no further effort shall be made to borrow funds 4730
under this section by such board for a period of six months from 4731
the date of such election. If no such petition be presented 4732
within fifteen days after the first publication of a copy of such 4733
order, such order shall be valid and effective. The amount 4734
authorized to be borrowed under this section may be borrowed at 4735
any time and in any amount, but the total borrowed shall not 4736
exceed Three Hundred Fifty Thousand Dollars ($350,000.00) in 4737
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addition to such sums as may heretofore have been borrowed for the 4738
purposes herein enumerated, or either of them. 4739
SECTION 136. Section 65-33-51, Mississippi Code of 1972, is 4740
brought forward as follows: 4741
65-33-51. (1) In any county maintaining a seawall or road 4742
protection structure under the provisions of this chapter, the 4743
board of supervisors may borrow funds not in excess of One Million 4744
Five Hundred Thousand Dollars ($1,500,000.00), at a rate of 4745
interest not exceeding four percent per annum, in addition to such 4746
sums as have heretofore been borrowed for the purpose of 4747
constructing, repairing, strengthening or maintaining the road 4748
protection structure or seawall of the county. Such board of 4749
supervisors shall have the authority to acquire by purchase or 4750
otherwise a dredge boat and to use and operate it for the purpose 4751
of pumping a sand beach adjacent to such seawall or road 4752
protection structure or for the maintenance thereof, and to pay 4753
for same out of any funds provided under this section. The funds 4754
or amount borrowed for the purposes provided for in this section 4755
shall be repaid within a period of fifteen years from the date 4756
borrowed, and shall be paid out of the funds collected under this 4757
chapter. All bonds, notes, or certificates of indebtedness 4758
maturing each year and the interest thereon, however, shall be 4759
first provided for and paid out of said funds. The loans 4760
authorized herein shall not be subject to other limitations, 4761
restrictions, or provisions of the general laws governing the 4762
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borrowing of money, amounts of indebtedness, budget, and election; 4763
and said loans may be made by the board of supervisors of such 4764
county either by issuance of county bonds, notes, or certificates 4765
of indebtedness which shall be full faith and credit obligations 4766
of the county issuing same and shall be payable, both as to 4767
principal and interest, from the same sources of revenue and taxes 4768
made available for the payment of road protection bonds under the 4769
provisions of this chapter. The money herein authorized to be 4770
borrowed by such board of supervisors may be borrowed from any 4771
person, firm, corporation, governmental lending agency, or from 4772
any sinking funds of such county; if the money be borrowed from 4773
any sinking fund, it shall be repaid before the sinking fund from 4774
which it is borrowed, when supplemented by funds paid into same, 4775
is needed. Before the board of supervisors shall borrow money 4776
under this section, it shall spread on its minutes an order 4777
reciting such intention, and shall thereafter publish a copy of 4778
such order in three weekly issues of some newspaper having a 4779
general circulation in the county. If, within fifteen days after 4780
the first publication of a copy of such order, fifteen percent of 4781
the qualified electors of the county shall file with such board of 4782
supervisors a petition in writing requesting an election on the 4783
question of borrowing money in the amount and for the purpose as 4784
set forth in such order, then such money shall not be borrowed 4785
unless authorized by a majority of the qualified voters of such 4786
county voting in an election to be ordered by such board of 4787
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supervisors for that purpose. Notice of such election shall be 4788
given and such election shall be held and conducted as provided by 4789
law in connection with elections for the submission of bond issues 4790
in such county. If such proposition shall fail to receive such 4791
majority vote at such election, then no further proceedings for 4792
the borrowing of such money shall be had or taken within a period 4793
of six months from and after the date of such election. If, 4794
however, no such petition shall be so filed, or if at such 4795
election such petition shall be assented to by a majority vote, 4796
then such board of supervisors shall be authorized to borrow such 4797
money in the amount and for the purpose as set forth in such order 4798
as published. The amount authorized to be borrowed under this 4799
section may be borrowed at any time and in any amount, but the 4800
total borrowed shall not exceed One Million Five Hundred Thousand 4801
Dollars ($1,500,000.00) in addition to such sums as may heretofore 4802
have been borrowed for the purposes herein enumerated, or either 4803
of them. 4804
(2) The board of supervisors is hereby given full power and 4805
authority to meet and do and grant any request of the United 4806
States Beach Erosion Board of the United States Army Engineers by 4807
and under Public Law 727, 79th Congress, Chapter 960, 2nd Session, 4808
and to assure either or both the following: 4809
(a) Assure maintenance of the seawall and drainage 4810
facilities, and of the beach by artificial replenishment, during 4811
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the useful life of these works, as may be required to serve their 4812
intended purpose; 4813
(b) Provide, at the county's own expense, all necessary 4814
land, easements, and rights of way; 4815
(c) To hold and save the United States free from all 4816
claims for damages that may arise either before, during, or after 4817
prosecution of the work; 4818
(d) To prevent, by ordinance, any water pollution that 4819
would endanger the health of the bathers; 4820
(e) To assume perpetual ownership of any beach 4821
construction and its administration for public use only, and that 4822
the board of supervisors is given full power and authority to do 4823
any and all things necessary in and about the repair and 4824
reconstruction, or construction or maintenance of the seawall and 4825
sloping beach adjacent thereto; and it is given such power to 4826
cooperate with the requirements of the United States government to 4827
receive any grant or grants of money from Congress or to 4828
contribute any grant or grants to the United States Army Engineers 4829
in and about this construction and maintenance and it is further 4830
given full power and authority to employ engineers, lawyers, or 4831
any other professional or technical help in and about the 4832
completion of this project. In the event the county engineer is 4833
selected to do any or all of said work, the board of supervisors 4834
is hereby authorized to pay and allow him such reasonable fees or 4835
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salary which, in its opinion, is necessary, just, and commensurate 4836
to the work done by him. 4837
It is further given full power and authority to let, by 4838
competitive bids, any contract for the repair of said wall, or for 4839
the installation and drainage, and for the construction of any 4840
additional section of wall, together with any artificial beach 4841
adjacent to said wall; or it may, in its discretion, negotiate a 4842
contract for any and all construction or any part thereof for the 4843
construction, repair, reconstruction, or additions thereto; or it 4844
may do any or all of said work under the direction of the county 4845
engineer or engineers employed by it and for which purpose it may 4846
employ all necessary labor and equipment and purchase necessary 4847
materials. 4848
The intent and purpose of this section is to give unto the 4849
respective boards of supervisors the full power and authority to 4850
carry out all the provisions herein, and to act independently, 4851
jointly, or severally with the United States government by and 4852
under Public Law 727, 79th Congress. 4853
(3) The provisions of this section shall not apply to any 4854
county with an assessed valuation of less than $10,000,000.00. 4855
SECTION 137. Section 65-33-53, Mississippi Code of 1972, is 4856
brought forward as follows: 4857
65-33-53. (1) In any county maintaining a seawall or road 4858
protection structure under the provisions of this chapter, the 4859
board of supervisors may borrow funds not in excess of Five 4860
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Hundred Thousand Dollars ($500,000.00) in addition to the One 4861
Million Five Hundred Thousand Dollars ($1,500,000.00) authorized 4862
under Section 65-33-51, at the rate of interest not exceeding four 4863
percent per annum, in addition to such sums as have heretofore 4864
been borrowed for the purpose of constructing, repairing, 4865
strengthening, or maintaining the road protection structure or 4866
seawall of the county, including the raising of the roadbed as 4867
recommended and approved by the Mississippi State Highway 4868
Commission, and to construct retaining walls for such raised 4869
roadbeds and to pump by hydraulic fill, or otherwise, a sand beach 4870
adjacent to such retaining wall or seawall structure. Such board 4871
of supervisors shall have the authority to acquire by purchase or 4872
otherwise a dredge boat and to use and operate it for the purpose 4873
of pumping a sand beach adjacent to such seawall or road 4874
protection structure or for the maintenance thereof; however, said 4875
board of supervisors shall not pay for same out of any funds 4876
provided under this section. The funds or amount borrowed for the 4877
purposes provided in this section shall be repaid within a period 4878
of fifteen years from the date borrowed, and shall be paid out of 4879
the funds collected under this chapter. All bonds, notes, or 4880
certificates of indebtedness maturing each year and the interest 4881
thereon, however, shall be first provided for and paid out of said 4882
funds. The loans authorized herein shall not be subject to other 4883
limitations, restrictions, or provisions of the general laws 4884
governing the borrowing of money, amounts of indebtedness, budget, 4885
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and election, and said loans may be made by the board of 4886
supervisors of such county either by issuance of county bonds, 4887
notes, or certificates of indebtedness which shall be full faith 4888
and credit obligations of the county issuing same and shall be 4889
payable, both as to principal and interest, from the same sources 4890
of revenue and taxes made available for the payment of road 4891
protection bonds under the provisions of this chapter, which 4892
sources of revenue and taxes are irrevocably pledged toward the 4893
repayment of any monies borrowed or any bonds issued under the 4894
provisions of this section. The money herein authorized to be 4895
borrowed by such board of supervisors may be borrowed from any 4896
person, firm, corporation, governmental lending agency, or from 4897
any sinking funds of such county; if the money borrowed from any 4898
sinking fund, it shall be repaid before the sinking fund from 4899
which it is borrowed, when supplemented by funds paid into same, 4900
is needed. Before the board of supervisors shall borrow money 4901
under this section, it shall spread on its minutes an order 4902
reciting such intention and shall thereafter publish a copy of 4903
such order in three weekly issues of some newspaper having a 4904
general circulation in the county. If, within fifteen days after 4905
the first publication of a copy of such order, fifteen percent of 4906
the qualified electors of the county shall file with such board of 4907
supervisors a petition in writing requesting an election on the 4908
question of borrowing money in the amount and for the purpose as 4909
set forth in such order, then such money shall not be borrowed 4910
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unless authorized by a majority of the qualified voters of such 4911
county voting in an election to be ordered by such board of 4912
supervisors for that purpose. Notice of such election shall be 4913
given and such election shall be held and conducted as provided by 4914
law in connection with elections for the submission of bond issues 4915
in such county. If such proposition shall fail to receive such 4916
majority vote at such election, then no further proceedings for 4917
the borrowing of such money shall be had or taken within a period 4918
of six months from and after the date of such election. If, 4919
however, no such petition shall be so filed, or if at such 4920
election such petition shall be assented to by a majority vote, 4921
then such board of supervisors shall be authorized to borrow such 4922
money in the amount and for the purpose as set forth in such order 4923
as published. The amount authorized to be borrowed under this 4924
section may be borrowed at any time and in any amount, but the 4925
total borrowed shall not exceed Five Hundred Thousand Dollars 4926
($500,000.00) in addition to such sums as may heretofore have been 4927
borrowed for the purposes herein enumerated, or either of them, 4928
and especially in addition to any sums that may have heretofore 4929
been borrowed or in addition to any bonds that may have heretofore 4930
been issued under authority of Section 65-33-51. Any attorneys' 4931
fees paid for the issuance of said bonds shall be paid out of the 4932
general fund of said county. 4933
(2) The board of supervisors is hereby given full power and 4934
authority to meet and do and grant any request of the United 4935
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States Beach Erosion Board of the United States Army Engineers by 4936
and under Public Law 727, 79th Congress, Chapter 960, 2nd Session, 4937
and to assure either or both the following: 4938
(a) Assure maintenance of the seawall and drainage 4939
facilities, and of the beach by artificial replenishment, during 4940
the useful life of these works, as may be required to serve their 4941
intended purpose; 4942
(b) Provide, at the county's own expense, all necessary 4943
land, easements, and rights of way; 4944
(c) To hold and save the United States free from all 4945
claims for damages that may arise either before, during, or after 4946
prosecution of the work; 4947
(d) To prevent, by ordinance, any water pollution that 4948
would endanger the health of the bathers; 4949
(e) To assume perpetual ownership of any beach 4950
construction and its administration for public use only, and that 4951
the board of supervisors is given full power and authority to do 4952
any and all things necessary in and about the repair and 4953
reconstruction, or construction or maintenance of the seawall and 4954
sloping beach adjacent thereto, built under the authority of this 4955
section, and it is given such power to cooperate with the 4956
requirements of the United States government to receive any grant 4957
or grants of money from Congress or to contribute any grant or 4958
grants to the United States Army Engineers in and about this 4959
construction and maintenance, and it is further given full power 4960
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and authority to employ engineers, lawyers, or any other 4961
professional or technical help in and about the completion of this 4962
project. In the event the county engineer is selected to do any 4963
or all of said work, the board of supervisors is hereby authorized 4964
to pay and allow him such reasonable fees or salary which, in its 4965
opinion, is necessary, just, and commensurate to work done by him. 4966
It is further given full power and authority to let, by 4967
competitive bids, any contract for the repair of said wall, or for 4968
the installation and drainage, and for the construction of any 4969
additional section of wall, together with any artificial beach 4970
adjacent to said wall, and for the raising of any roadbeds and the 4971
construction of any such retaining wall. 4972
The intent and purpose of this section is to give unto the 4973
respective boards the full power and authority to carry out all 4974
the provisions herein, and to act independently, jointly, or 4975
severally with the United States government by and under Public 4976
Law 727, 79th Congress. 4977
(3) The provisions of this section shall not apply to any 4978
county with an assessed valuation of less than Ten Million Dollars 4979
($10,000,000.00). 4980
SECTION 138. Section 65-33-55, Mississippi Code of 1972, is 4981
brought forward as follows: 4982
65-33-55. (1) In any county maintaining a sea wall or road 4983
protection structure under provisions of this chapter and having 4984
an assessed valuation of five million dollars or less, the board 4985
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of supervisors may borrow funds not in excess of Four Hundred 4986
Thousand Dollars ($400,000.00), at a rate of interest not 4987
exceeding five per cent per annum, in addition to such sums as 4988
have heretofore been borrowed for the purpose of constructing, 4989
repairing, strengthening, or maintaining the road protection 4990
structure or sea wall of the county. Such board of supervisors 4991
shall have the authority to own a dredge boat and to use and 4992
operate it for the purpose of pumping a sand beach adjacent to 4993
such sea wall or road protection structure or for the maintenance 4994
thereof, and to pay for same out of any funds provided under this 4995
section. The funds or amount borrowed for the purposes provided in 4996
this section shall be repaid within a period of twenty years from 4997
the date borrowed, and shall be paid out of the funds collected 4998
under this chapter. All bonds, notes, or certificates of 4999
indebtedness maturing each year and the interest thereon, however, 5000
shall be first provided for and paid out of said funds. The loans 5001
authorized herein shall not be subject to other limitations, 5002
restrictions, or provisions of the general laws governing the 5003
borrowing of money, amounts of indebtedness, budget, and election; 5004
and said loans may be made by the board of supervisors of such 5005
county either by issuance of county bond, notes, or certificates 5006
of indebtedness which shall be full faith and credit obligations 5007
of the county issuing same and shall be payable, both as to 5008
principal and interest, from the same sources of revenue and taxes 5009
made available for the payment of road protection bonds under the 5010
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provisions of this chapter. The money herein authorized to be 5011
borrowed by such board of supervisors may be borrowed from any 5012
person, firm, corporation, governmental lending agency, or from 5013
any sinking funds of such county; if the money be borrowed from 5014
any sinking fund, it shall be repaid before the sinking fund from 5015
which it is borrowed, when supplemented by funds paid into same, 5016
is needed. Before the board of supervisors shall borrow money 5017
under this section, it shall spread on its minutes an order 5018
reciting such intention, and shall call an election and submit the 5019
question of issuing bonds under this section to the qualified 5020
voters of such county in accordance with the present laws of 5021
issuing bonds. If a majority of the qualified electors voting in 5022
said election vote to issue said bonds, then the board of 5023
supervisors shall proceed to issue so much or such parts of said 5024
bonds not to exceed Four Hundred Thousand Dollars ($400,000.00). 5025
(2) The board of supervisors is given full power and 5026
authority to do any and all things necessary in its opinion to 5027
obtain funds from the United States government by and under Public 5028
Law 727, 79th Congress, Chapter 960, 2nd Session, or under any 5029
other law, and in and about the solicitation and preparation of 5030
any application; and it may do any and all things necessary in the 5031
promotion of obtaining relief under this act of congress for such 5032
county, and it is further given authority to assure the United 5033
States government, the United States beach erosion board, and the 5034
United States army engineers the following: 5035
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(1) Assure maintenance of the sea wall and drainage 5036
facilities, and of the beach by artificial replenishment, during 5037
the useful life of these works, as may be required to serve their 5038
intended purpose; 5039
(2) Provide, at the county's own expense, all necessary 5040
land, easements, and rights of way; 5041
(3) To hold and save the United States free from all 5042
claims for damages that may arise either before, during, or after 5043
prosecution of the work; 5044
(4) To prevent, by ordinance, any water pollution that 5045
would endanger the health of the bathers; 5046
(5) To assume perpetual ownership of any beach 5047
construction and its administration for public use only. 5048
The intent and purpose of this section is to give unto the 5049
respective boards of supervisors the full power and authority to 5050
carry out all of the provisions herein, and to act independently, 5051
jointly, or severally with the United States government by and 5052
under Public Law 727, 79th Congress, or other laws. 5053
SECTION 139. Section 65-3-57, Mississippi Code of 1972, is 5054
brought forward as follows: 5055
65-3-57. (1) That portion of the Mississippi Highway No. 13 5056
running from the intersection of such highway with Mississippi 5057
Highway No. 16 in Leake County, Mississippi, and continuing 5058
southerly through the counties of Leake, Scott, Rankin and Simpson 5059
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shall be designated and henceforth known as the William G. Walter 5060
Memorial Highway. 5061
(2) The Mississippi State Highway Department is hereby 5062
directed to erect appropriate signs along and approaching such 5063
highway. 5064
SECTION 140. Section 65-33-59, Mississippi Code of 1972, is 5065
brought forward as follows: 5066
65-33-59. Bonds issued under the authority of Sections 5067
65-33-57 and 65-33-59 shall be full faith and credit obligations 5068
of the county issuing the same; shall mature within fifteen years 5069
of their date of issuance in such annual maturities and 5070
denominations as the board of supervisors may direct; shall bear 5071
interest at a rate not to exceed five and one half per centum per 5072
annum, payable semiannually; may be issued without notice or an 5073
election therefor; and shall not be subject to any limitation 5074
relative to amount of bonded debt. Such bonds and the interest 5075
thereon shall be payable both as to principal and interest from 5076
the same sources of revenue and taxes made available for the 5077
payment of road protection bonds under the provisions of this 5078
chapter. Nothing herein contained shall be construed to affect 5079
any of the provisions of House Bill No. 287 [ch. 130] as enacted 5080
at the Regular 1938 Session of the Mississippi Legislature. 5081
SECTION 141. Section 65-33-61, Mississippi Code of 1972, is 5082
brought forward as follows: 5083
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65-33-61. The board of supervisors of any county operating 5084
under the provisions of this chapter is hereby authorized to 5085
refund any bonded indebtedness of such county now outstanding, 5086
payable from the sources of revenue provided by this chapter, and 5087
to issue refunding bonds of such county, which shall be secured by 5088
and payable from the same sources of revenue as the bonds refunded 5089
thereby. The said refunding bonds may be issued by the board of 5090
supervisors of such county only after the question of the issue of 5091
said refunding bonds shall have been submitted to the qualified 5092
electors of such county at an election to be held for that purpose 5093
in said county, and only after the said issue has been authorized 5094
by a vote of three fifths of the qualified electors voting in an 5095
election to be ordered by the board of supervisors for that 5096
purpose, whenever any such board of supervisors shall find it 5097
necessary or advisable or in the best interest of such county so 5098
to do. Such refunding bonds may be issued only to redeem 5099
outstanding bonds at maturity, or on any date upon which 5100
outstanding bonds may be redeemable, or upon the voluntary 5101
surrender of outstanding bonds by the owners thereof. Such 5102
refunding bonds may be sold for not less than par and accrued 5103
interest, or may be exchanged for bonds to be refunded thereby; 5104
however, the issue of such refunding bonds shall be accomplished 5105
in such manner as to avoid payment by the county of interest on 5106
the refunding bonds and on the bonds refunded thereby for the same 5107
period of time. 5108
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SECTION 142. Section 65-33-63, Mississippi Code of 1972, is 5109
brought forward as follows: 5110
65-33-63. Such refunding bonds shall bear such rate or rates 5111
of interest as may be determined by the board of supervisors, not 5112
exceeding, however, three and one-half per centum per annum, 5113
payable semiannually; shall be in such denomination or 5114
denominations and form as may be determined by the board of 5115
supervisors; shall be executed on behalf of the county by the 5116
president of the board of supervisors, countersigned by the clerk 5117
of such board; and the interest to accrue on such bonds shall be 5118
represented by coupons to be attached thereto, which may be 5119
executed by the facsimile signatures of such officers. Such 5120
refunding bonds shall mature in such amount or amounts and at such 5121
time or times, not exceeding twenty-five years from date thereof, 5122
as may be specified by the board of supervisors. All such 5123
refunding bonds and interest thereon shall be payable at the 5124
office of the state treasurer of the State of Mississippi in the 5125
city of Jackson, Mississippi, and a certified copy of the 5126
proceedings authorizing the issuance of such refunding bonds shall 5127
be filed in said office. The bonds issued under the provisions of 5128
Sections 65-33-61 through 65-33-71 shall in no way be construed as 5129
state obligations or state bonds. 5130
SECTION 143. Section 65-33-65, Mississippi Code of 1972, is 5131
brought forward as follows: 5132
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65-33-65. The fact of the issuance and delivery of refunding 5133
bonds hereunder shall be certified by the clerk of the board of 5134
supervisors to the state Treasurer, who shall immediately register 5135
such bonds in a suitable bond register. Thereafter, the revenues 5136
and taxes which would otherwise be paid into the county treasury 5137
of such county for the payment of road protection and seawall 5138
bonds and interest thereon under the provisions of Section 5139
65-33-45, shall be paid by the official collecting such taxes into 5140
the state treasury on a proper receive warrant of the state 5141
auditor to the credit of such county in a special fund to be 5142
designated "interest and sinking fund for road protection and 5143
seawall bonds of ____ County, Mississippi," which fund shall be 5144
held and shall be applied by the state treasurer in the payment of 5145
interest accruing on such refunding bonds and the principal 5146
thereof at maturity, according to law. In the event that less than 5147
all of outstanding bonds payable under the provisions of this 5148
chapter shall be refunded as herein provided, then and in that 5149
event there shall be paid into the state treasury, for the credit 5150
of the aforesaid interest and sinking fund, only the proportion of 5151
the revenues and taxes as the amount of refunding bonds issued and 5152
outstanding bears to the total amount of outstanding bonds payable 5153
from the revenues herein referred to. 5154
SECTION 144. Section 65-33-67, Mississippi Code of 1972, is 5155
brought forward as follows: 5156
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65-33-67. The board of supervisors of any county issuing 5157
refunding bonds under the provisions of Sections 65-33-61 through 5158
65-33-65, shall levy an annual tax of not less than five mills on 5159
each dollar of the assessed valuation of taxable property within 5160
such county for the purpose of providing funds sufficient to pay 5161
such bonds at maturity and interest thereon as it accrues. The 5162
said tax shall be levied and collected as other county taxes are 5163
levied and collected, and the proceeds thereof shall be remitted 5164
by the county tax collector to the State Treasury at the time when 5165
state taxes are required by law to be so remitted. The State 5166
Treasurer shall credit the amount to the interest and sinking fund 5167
referred to in Section 65-33-65. On or before October 1st in each 5168
year, the State Treasurer shall certify to the board of 5169
supervisors of each such county the amount standing to the credit 5170
of such interest and sinking fund as of September 15th, of that 5171
year, and if such amount shall be sufficient (1) to pay all 5172
principal of and interest on such bonds then due and owing and (2) 5173
all principal of and interest on such refunding bonds maturing and 5174
accruing during the period of twelve months running from said 5175
September 15th, then and in that event such board of supervisors 5176
may reduce the aforesaid taxes or omit the same for the ensuing 5177
year, as such board may determine. All funds paid into the State 5178
Treasury hereunder shall remain in the State Treasury for the 5179
payment of principal and interest on such refunding bonds until 5180
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all the principal and interest on such refunding bonds shall have 5181
been fully paid. 5182
SECTION 145. Section 65-33-69, Mississippi Code of 1972, is 5183
brought forward as follows: 5184
65-33-69. The board of supervisors shall pay all lawful fees 5185
of the chancery clerk and its attorney now prescribed by law, 5186
which fees are incidental to the execution of said refunding 5187
bonds, and may also pay all expenses in connection with the 5188
validation of said refunding bonds and procuring the opinion as to 5189
the validity thereof from some expert bond attorney, other than 5190
the state bond attorney, of national reputation. However, in 5191
cases where the bonds to be refunded are not due or redeemable 5192
prior to maturity, such board in procuring the surrender of such 5193
outstanding bonds may expend not exceeding an additional two and 5194
one-half percent (2 ½%) of the principal amount of refunding bonds 5195
actually issued and delivered, but in no event shall any part of 5196
the said two and one-half percent (2 ½%) be used in the payment of 5197
attorney’s fees. All such fees and compensation shall be paid out 5198
of the interest and sinking fund applicable to the bonds to be 5199
refunded, if the amount credited to such fund be adequate 5200
therefor. Otherwise, such fees and compensation shall be paid out 5201
of the proceeds of a special annual tax to be levied for that 5202
purpose by the board of supervisors upon all taxable property 5203
within such county. All expenses as authorized by Sections 5204
65-33-61 through 65-33-71 in effectuating the exchange of said 5205
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bonds and the actual expense of the state treasurer in paying 5206
principal and interest on said bonds shall be paid by the board of 5207
supervisors of the county. 5208
SECTION 146. Section 65-33-71, Mississippi Code of 1972, is 5209
brought forward as follows: 5210
65-33-71. The provisions of Sections 65-33-61 through 5211
65-33-71, without reference to any other statute, shall be deemed 5212
full and complete authority for the issuance of refunding bonds as 5213
therein provided; and all powers necessary to be exercised by the 5214
board of supervisors of such counties, in order to carry out the 5215
provisions of said sections, are hereby conferred. 5216
SECTION 147. Section 29-1-105, Mississippi Code of 1972, is 5217
brought forward as follows: 5218
29-1-105. The right to construct or use any such pipe line 5219
in, on, under, or across land which is submerged or whereover the 5220
tide may ebb and flow shall be subject to the following: 5221
(a) The paramount right of the United States to control 5222
commerce and navigation; and 5223
(b) The right of the public to make free use of the 5224
waters; and 5225
(c) The restrictions and prohibitions contained in 5226
Section 81 of the Mississippi Constitution of 1890. 5227
SECTION 148. Section 53-3-41, Mississippi Code of 1972, is 5228
brought forward as follows: 5229
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53-3-41. (1) For the purposes of this section, the 5230
following terms shall have the meanings ascribed herein: 5231
(a) "Oil and gas production" means any oil, natural 5232
gas, condensate of either, natural gas liquids, other gaseous, 5233
liquid or dissolved hydrocarbons, sulfur or helium, or other 5234
substance produced as a by-product or adjunct to their production, 5235
or any combination of these, which is severed, extracted or 5236
produced from the ground, the seabed or other submerged lands 5237
within the jurisdiction of the State of Mississippi. Any such 5238
substance, including recoverable or recovered natural gas liquids, 5239
which is transported to or in a natural gas pipeline or natural 5240
gas gathering system, or otherwise transported or sold for use as 5241
natural gas, or is transported or sold for the extraction of 5242
helium or natural gas liquids is gas production. Any such 5243
substance which is transported or sold to persons and for purposes 5244
not included in the foregoing natural gas definition is oil 5245
production. 5246
(b) "Interest owner" means a person owning an entire or 5247
fractional interest of any kind or nature in oil or gas production 5248
at the time of severance, or a person who has an express, implied 5249
or constructive right to receive a monetary payment determined by 5250
the value of oil or gas production or by the amount of production. 5251
(c) "Royalty owner" means any person who possesses an 5252
interest in the production, but who is not an owner as defined in 5253
Section 53-1-3(g). 5254
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(d) "Disbursing agent" shall mean that person who, 5255
pursuant to an oil and gas lease, operating agreement, purchase 5256
contract, or otherwise, assumes the responsibility of paying 5257
royalty proceeds derived from a well's oil and gas production to 5258
the royalty owner or owners legally entitled thereto. A first 5259
purchaser shall not be deemed to be the disbursing agent unless 5260
the first purchaser expressly assumes such responsibility in the 5261
purchase contract. 5262
(e) "First purchaser" means the first person who 5263
purchases oil or gas production from the interest owners after the 5264
production is severed and may include the operator if the operator 5265
acts as a purchaser of production attributable to other interest 5266
owners. 5267
(f) An "operator" is a person engaged in the business 5268
of severing oil or gas production from the ground, whether for 5269
himself alone, for other persons alone or for himself and others. 5270
(2) Whenever a disbursing agent has not disbursed the 5271
royalty proceeds derived from the well's production to the royalty 5272
owner within one hundred twenty (120) days following the date of 5273
first sale of oil or gas in the event the disbursing agent is a 5274
first purchaser of oil or gas, or within one hundred twenty (120) 5275
days following the date the disbursing agent receives the proceeds 5276
from such production if the disbursing agent is not the first 5277
purchaser, such royalty owner shall have a lien to secure the 5278
payment of the royalty proceeds. The lien shall attach to the 5279
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proceeds from such production received by the disbursing agent 5280
attributable to the royalty owner's interest. 5281
(3) The lien provided by this section shall be effective 5282
against a third party only from the time a financing statement 5283
evidencing such lien is filed in the same manner as financing 5284
statements evidencing security interests in minerals are filed in 5285
accordance with the provisions of Section 75-9-501. 5286
(4) The lien provided by this section shall expire one (1) 5287
year after it becomes effective against a third party, unless 5288
judicial proceedings have been commenced to assert it or unless 5289
insolvency proceedings have been commenced by or against the 5290
disbursing agent, in which event the lien shall remain effective 5291
until termination of the insolvency proceedings or until 5292
expiration of the one-year period, whichever occurs later. 5293
(5) Whenever there is a conflict between a lien under this 5294
section and a security interest under Title 75, Chapter 9, the 5295
lien or security interest first to be filed has priority. Liens 5296
provided for in this section shall have priorities among 5297
themselves according to priority in time of filing of such liens. 5298
(6) The filing required by this section shall be a financing 5299
statement as provided for in Section 75-9-310 and shall be subject 5300
to the provisions of Part 5 of Article 9 of the Uniform Commercial 5301
Code, except that in order for the filing to be sufficient, it 5302
shall not be necessary for the debtor to sign the financing 5303
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statement, and the filing shall be effective for a period of only 5304
one (1) year from the date of filing. 5305
(7) This section does not impair an operator's right to set 5306
off or withhold funds from other interest owners as security for 5307
or in satisfaction of any debt or security interest. This section 5308
does not impair a disbursing agent's right to withhold funds in 5309
the event a question is raised concerning the title or ownership 5310
of, or right to sell, the oil or gas production. In case of a 5311
dispute between interest owners, a good-faith tender by the 5312
disbursing agent of funds to the person the interest owners shall 5313
agree on, or to a court of competent jurisdiction in the event of 5314
litigation or bankruptcy, shall operate as a tender of the funds 5315
to both. 5316
(8) Nothing in this section shall be construed to enlarge or 5317
diminish the rights and obligations provided to or imposed on 5318
interest owners, royalty owners, disbursing agents, first 5319
purchasers, or operators by contract or otherwise by law. The 5320
sole purpose of this section is to provide royalty owners a lien 5321
under the conditions provided herein. 5322
SECTION 149. Section 53-3-75, Mississippi Code of 1972, is 5323
brought forward as follows: 5324
53-3-75. The right to construct, operate and maintain any 5325
facility as described in Section 53-3-71 in, on, under or across 5326
land which is submerged or wherever the tide may ebb and flow 5327
shall be subject to the following: 5328
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(a) The paramount right of the United States to control 5329
commerce and navigation; 5330
(b) The right of the public to make free use of the 5331
waters; and 5332
(c) The restrictions and prohibitions contained in 5333
Section 81 of the Mississippi Constitution of 1890, as same may be 5334
amended. 5335
SECTION 150. Section 55-7-13, Mississippi Code of 1972, is 5336
brought forward as follows: 5337
55-7-13. The bridge and park commission shall have the 5338
power, among others, in the case of the municipal agency, to 5339
acquire for park, recreational, harbor development and other 5340
similar purposes, by the exercise of eminent domain or otherwise, 5341
and by gift, grant or purchase, for any purpose of this chapter, 5342
an island or islands, in whole or in part, situated in the Gulf of 5343
Mexico or in the Mississippi Sound, and lying within three leagues 5344
of the nearest point of the corporate limits of the municipality 5345
involved; and, in the case of the county agency, to acquire for 5346
park, recreational, harbor development and other similar purposes 5347
by the exercise of eminent domain or otherwise, and by gift, grant 5348
or purchase, for any purpose of this chapter, an island or 5349
islands, in whole or in part, situated in the Gulf of Mexico or in 5350
the Mississippi Sound, and lying within the boundaries of the 5351
county involved. 5352
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Said commission shall have the power to acquire, by eminent 5353
domain, gift, grant or purchase, such portion or portions of such 5354
island or islands as it may find to be needed for use in 5355
developing and financing the public improvements set forth in this 5356
chapter. Prior to the acquisition of any such real estate, the 5357
commission shall, by resolution spread upon its minutes, find, 5358
determine and adjudicate that the property to be so acquired is 5359
needed to aid in the financing of the improvements under this 5360
chapter. 5361
Any such commission which has acquired an island or islands, 5362
in whole or in part, adjacent to any submerged lands belonging to 5363
the State of Mississippi may purchase from the State of 5364
Mississippi a sufficient amount of such submerged lands to be 5365
reclaimed and added to such island or islands to be used, and 5366
developed for the purposes provided in this chapter. The state 5367
land commissioner, with the approval of the attorney general and 5368
the governor, is hereby authorized and empowered to sell and 5369
convey such submerged lands to such commission and to issue the 5370
state's patent thereto. Said commission shall have the power to 5371
dredge, fill in and reclaim submerged lands adjacent to any such 5372
island or islands and to develop and utilize the same for any of 5373
the purposes set forth in this chapter, including the financing of 5374
the authorized public improvements. However, no normal or natural 5375
channel shall be obstructed so as to interfere with the normal 5376
navigation therein, it being the purpose and intention of this 5377
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chapter to authorize the use and development of shallow bottoms 5378
and shoal waters in the areas herein set out for the purpose of 5379
filling and reclaiming same for the purposes herein set forth and 5380
where said bottoms are not susceptible to reasonable navigation at 5381
all times as a practical matter. 5382
SECTION 151. Section 55-7-15, Mississippi Code of 1972, is 5383
brought forward as follows: 5384
55-7-15. The bridge and park commission which has acquired 5385
submerged lands, and before such lands have been reclaimed, shall 5386
bring its suit in the chancery court of the county in which such 5387
lands lie, against the state and all the world for confirmation of 5388
the commission’s title to such submerged lands, as provided by law 5389
for the confirmation of patents issued by the state. Upon the 5390
hearing of such cause, if the court shall find that the 5391
reclamation of the said lands does not constitute an obstruction 5392
of the navigable waters of the state and does not interfere with 5393
the rights of the public generally to use the navigable waters of 5394
the state for fishing, boating, and other public uses, and that 5395
the reclamation and sale of said lands has or will, in whole or in 5396
part, contribute toward the deepening of a channel or channels for 5397
boats and improvement of navigation of any of the navigable waters 5398
of this state, and that a fair and adequate consideration has been 5399
paid or is to be paid for such property, then the court shall 5400
confirm the title to the property and forever set at rest any 5401
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claims by the State of Mississippi in its sovereign capacity as 5402
proprietor of said lands. 5403
Any of the parties of the suit may appeal as in other 5404
proceedings in chancery, provided any interlocutory appeal is 5405
taken within ten (10) days after the rendition of the decree from 5406
which the appeal is desired and provided that any final appeal is 5407
taken within sixty (60) days from the date of the rendition of the 5408
final decree. Any title perfected by a decree in a suit under 5409
this section shall forever estop and preclude the state and other 5410
parties from thereafter questioning the validity of the patent and 5411
deed involved in such proceedings. 5412
SECTION 152. Section 55-7-21, Mississippi Code of 1972, is 5413
brought forward as follows: 5414
55-7-21. (1) The park and bridge commission shall have 5415
power to lease or sell to private persons or corporations, real 5416
estate or any interest therein, acquired by said commission, 5417
whether improved or unimproved, and including reclaimed or 5418
filled-in lands, whenever it shall find such real estate or 5419
interest therein is or has become unnecessary for park or 5420
recreational purposes for the benefit of the public, or for other 5421
public use, and in the event of sale, to convey to the grantee, 5422
fee simple title to such real estate. Prior to the leasing or 5423
conveyance of any such real estate, the commission shall, by 5424
resolution spread upon its minutes, find, determine and adjudicate 5425
that the property, to be so leased or sold and conveyed, is, or 5426
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has become unnecessary for park and recreational purposes for the 5427
benefit of the public, or other public use. Such findings, 5428
determination and adjudication shall be final and conclusive and 5429
shall not thereafter be questioned in any court. However, lands 5430
acquired by eminent domain under the provisions of this chapter 5431
may not be sold, and may not be leased except for public purposes 5432
and continuing public uses, and when such lands cease to be used 5433
for public purposes, the title to same shall revert to the former 5434
owners, or their successors or assigns. 5435
(2) The bridge and park commission shall have power to sell 5436
or lease to private persons, or corporations, real estate other 5437
than the submerged lands reclaimed by it, whether improved or 5438
unimproved, whenever it shall find such real estate is or has 5439
become unnecessary for park, recreational or harbor development 5440
purposes for the benefit of the public, and to convey to the 5441
grantee the fee simple title to such real estate. Said commission 5442
shall have the power to lease the submerged lands reclaimed by it 5443
for a period not exceeding ninety-nine (99) years upon such terms 5444
and provisions and for such consideration as it may determine. 5445
After any of such lands have been developed, if the commission 5446
finds, by resolution spread on its minutes, that it is impractical 5447
to lease the same and that it is more advantageous to the public 5448
interest to sell such lands, the commission shall have the power 5449
to sell the same in fee simple. Prior to the conveyance or lease 5450
of any such real estate, the commission shall, by resolution 5451
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spread upon its minutes, find, determine and adjudicate that the 5452
property so to be conveyed or leased is or has become unnecessary 5453
for park, recreational or harbor development purposes for the 5454
benefit of the public. 5455
SECTION 153. Section 55-24-9, Mississippi Code of 1972, is 5456
brought forward as follows: 5457
55-24-9. The Mississippi Coast Coliseum Commission, a 5458
political subdivision of the State of Mississippi, shall have 5459
jurisdiction and authority over matters relating to promoting, 5460
developing, maintaining and operating a multipurpose coliseum and 5461
related facilities within Harrison County, Mississippi. 5462
Multipurpose coliseum and related facilities shall include a 5463
multipurpose coliseum or arena facility, a convention center and 5464
facility grounds, as well as any lands purchased by or on the 5465
behalf of the commission. From and after July 1, 2016, any 5466
development and/or any land acquired by or on behalf of the 5467
commission, shall be subject to the Land Development Ordinances of 5468
the City of Biloxi. Such commission is authorized to acquire 5469
lands by purchase, gift or the exercise of eminent domain as 5470
provided by Section 11-27-1 et seq., above or below mean 5471
high-water mark subject to the approval of the Harrison County 5472
Board of Supervisors. The acquisition of lands below mean 5473
high-water mark by the commission for the purposes authorized 5474
herein are declared to be in all respects for the benefit of the 5475
people of the State of Mississippi, a public purpose, and an 5476
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essential governmental function in the exercise of the powers 5477
conferred upon them by such act. 5478
The commission, acting on behalf of the State of 5479
Mississippi, shall have the right to reclaim submerged lands for 5480
the purpose of constructing a multipurpose coliseum and related 5481
facilities, and to acquire in its name on behalf of the state any 5482
estate or property right therein or in other land necessary to the 5483
purpose of this chapter by purchase, gift, deed or other transfer, 5484
subject to the approval of the Harrison County Board of 5485
Supervisors. Title to all oil, gas and other minerals in, on or 5486
under any lands, title to which is held by the State of 5487
Mississippi on August 8, 1968, shall be reserved unto the State of 5488
Mississippi, and all income derived from the sale or lease of such 5489
minerals shall inure to the benefit of the State of Mississippi 5490
for such purposes as the Legislature may direct. Provided, that 5491
prior to utilization of lands in which title vests in the State of 5492
Mississippi, a description of such land shall be submitted to the 5493
Department of Finance and Administration and said utilization 5494
shall not be commenced until or unless approval of such 5495
utilization is given by the Department of Finance and 5496
Administration. 5497
The commission is authorized to own, furnish, equip and 5498
operate the multipurpose coliseum and facilities and equipment 5499
necessary or useful in the operation of such multipurpose coliseum 5500
and related facilities; to receive and expend, subject to the 5501
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provisions of this chapter and the approval of the commission's 5502
annual budget by the Harrison County Board of Supervisors, 5503
revenues from any source, including the operation of the 5504
multipurpose coliseum and related facilities; and to do all other 5505
things necessary to carry out the purposes of this chapter. 5506
The commission is authorized and directed to adopt uniform 5507
rules and regulations regarding the granting of contracts that are 5508
less than one hundred eighty (180) days for franchises, licenses, 5509
contracts or lease agreements, or the granting of contracts that 5510
are less than one hundred eighty (180) days for the use, operation 5511
and maintenance of the premises, and to publish the uniform rules 5512
and regulations for three (3) consecutive weeks in a newspaper 5513
having a general circulation in the county and fixing a time and 5514
place not more than ten (10) days after the last publication to 5515
receive and hear objections to such rules and regulations. The 5516
commission shall also publish such information on commission and 5517
county websites during the same time period as the newspaper 5518
publication. In addition, a copy of such rules and regulations or 5519
any revisions or amendments thereto shall be filed with the Clerk 5520
of the Harrison County Board of Supervisors. The commission may 5521
revise or amend such rules and regulations but such revisions 5522
shall be uniform and shall not be adopted unless the commission 5523
shall publish the proposed change and hold a public hearing as 5524
required by this section. 5525
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Before any contract that is more than one hundred eighty 5526
(180) days for a franchise, license, contract or lease agreement 5527
may be granted, the commission shall notify the Harrison County 5528
Board of Supervisors and publish its intent to grant such 5529
franchise, license, contract or lease agreement and the conditions 5530
upon which same shall be granted. Such publication shall be made 5531
for three (3) consecutive weeks in a newspaper having a general 5532
circulation in Harrison County. Such publication shall also be 5533
made on the commission and county websites during the same time 5534
period as the newspaper publication. All bids received shall be 5535
sealed, and shall be opened at a date, time and place set forth in 5536
the publications, which date shall not be less than five (5) days 5537
nor more than ten (10) days after the last day of such 5538
publications. 5539
Unless the commission shall find that the successful bidder 5540
cannot demonstrate financial responsibility to comply with the 5541
terms and conditions of the franchise, license, contract or lease 5542
agreement or cannot perform the services required thereunder, it 5543
shall, subject to the limitations set forth under this chapter, 5544
recommend the granting of the franchise, license, contract or 5545
lease agreement to the bidder whose proposal shall be in the best 5546
financial interest of the commission. 5547
Any person aggrieved by any action of the commission may 5548
appeal to the Circuit Court of Harrison County in the manner 5549
provided for appeals from orders of the board of supervisors. 5550
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The commission is granted the power to sue and be sued in its 5551
own name, and the commission is authorized to take liability 5552
insurance on the operation of the facilities in an amount equal to 5553
the extent of its liability for claims or causes of action arising 5554
from acts or omissions as provided in Section 11-46-15; provided, 5555
however, that immunity from suit is only waived to the extent of 5556
such liability insurance carried, and a judgment creditor shall 5557
have recourse only to the proceeds or right to proceeds of such 5558
liability insurance. No attempt shall be made in the trial of any 5559
case to suggest the existence of any insurance which covers in 5560
whole or in part any judgment or award rendered in favor of a 5561
claimant, but if the verdict rendered by the jury exceeds the 5562
limit of applicable insurance, the court on motion shall reduce 5563
the amount of said judgment to a sum equal to the applicable limit 5564
stated in the insurance policy. 5565
The commission shall prepare an annual budget specifically 5566
describing the proposed receipt and expenditure of all funds from 5567
any source whatsoever, and such budget shall be approved by the 5568
Harrison County Board of Supervisors. If the commission desires 5569
to take any action associated with the receipt or expenditure of 5570
funds which deviates from the annual budget, such individual 5571
action shall be subject to the approval of the Harrison County 5572
Board of Supervisors. 5573
The commission is granted the power to invest funds credited 5574
to the Mississippi Coast Coliseum Commission Operating Fund, the 5575
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commission is vested with authority to designate depositories of 5576
its funds, and to deposit the funds in interest-bearing accounts. 5577
Provided, however, all funds in excess of ninety (90) days' 5578
operating expenses, to the extent practicable, shall be invested 5579
in Treasury bills or in interest-bearing accounts or approved 5580
securities to include, but not limited to, United States Treasury 5581
bills and United States Treasury notes and bonds, federal agency 5582
securities or mortgage-backed securities guaranteed as to 5583
repayment of principal by the government or an agency of such 5584
government, certificates of deposit fully covered by insurance 5585
administered by the Federal Deposit Insurance Corporation or 5586
covered by pledged securities, repurchase agreements and 5587
short-term money market funds invested in United States government 5588
and United States government agencies. 5589
The commission is authorized to contract with any agency of 5590
the United States or the State of Mississippi for a loan or grant, 5591
subject to the approval of the Harrison County Board of 5592
Supervisors and to give such agency any assurances of compliance 5593
with federal or state laws which are not in conflict with the laws 5594
of the State of Mississippi. It is the intent and purpose of this 5595
chapter that the Coliseum Commission cooperate with agencies 5596
administering the National Seashore Act of 1970. 5597
Whenever any real or personal property belonging to the 5598
commission shall cease to be used or needed for the commission's 5599
purposes, the commission may recommend to the Harrison County 5600
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Board of Supervisors that it sell, exchange or lease the property 5601
on such terms as the commission may propose. No lease of surplus 5602
real property may exceed a term of ninety-nine (99) years. The 5603
deed of conveyance in such transactions shall be executed in the 5604
name of the commission by the Harrison County Board of Supervisors 5605
pursuant to order issued on the minutes of its meetings. In any 5606
sale, exchange or lease of real property, the commission shall 5607
retain all mineral rights that it owns, together with the right of 5608
ingress and egress to remove same. Before any sale, exchange or 5609
lease is made, the commissioners shall publish at least once each 5610
week for three (3) consecutive weeks, in a public newspaper of 5611
Harrison County, Mississippi, and on the commission and county 5612
websites the intention to sell, exchange or lease, as the case may 5613
be, the real or personal property and to accept sealed competitive 5614
bids for the sale, exchange or lease. The commissioners shall 5615
thereafter accept bids for the sale, exchange or lease, and the 5616
property shall be sold, exchanged or leased to the highest and 5617
best bidder in the manner provided by law. However, whenever the 5618
commissioners shall find and determine, by resolution duly and 5619
lawfully adopted and spread upon its minutes: (a) that any 5620
commission-owned real property is no longer needed for commission 5621
purposes and is not to be used in the operation of a multipurpose 5622
coliseum and related facilities, (b) that the sale, exchange or 5623
lease of such property in the manner otherwise provided for herein 5624
is necessary or desirable for the financial welfare of a 5625
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multipurpose coliseum and related facilities, and (c) that the use 5626
of such property for the purpose for which it is to be sold, 5627
exchanged or leased will promote and foster the development and 5628
improvement of the multipurpose coliseum and related facilities, 5629
the commissioners may recommend to the Harrison County Board of 5630
Supervisors that it sell, exchange or lease the property without 5631
having to advertise for and accept competitive bids. In any case 5632
in which the commission proposes to sell or exchange real property 5633
under the provisions of this section without advertising for and 5634
accepting competitive bids, the Harrison County Board of 5635
Supervisors must approve such proposal, and consideration for the 5636
sale or exchange of the real property shall be not less than the 5637
average of the fair market price for the property as determined by 5638
three (3) professional property appraisers selected by the 5639
commission and approved by the purchaser or devisee and the 5640
Harrison County Board of Supervisors. Appraisal fees shall be 5641
shared equally by the commission and the purchaser or devisee. 5642
The enumeration of any specific rights and powers contained 5643
herein or elsewhere in this chapter where followed by general 5644
powers shall not be construed in the restrictive sense but rather 5645
in as broad and comprehensive sense as possible to effectuate the 5646
purposes and intent of this chapter. 5647
SECTION 154. Section 59-3-1, Mississippi Code of 1972, is 5648
brought forward as follows: 5649
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59-3-1. The corporate authorities of any municipality in 5650
which there is situated, wholly or partially within its 5651
boundaries, a harbor that is a port of entry, shall have the 5652
following power and authority: to construct all needful 5653
improvements in such harbor, including the deepening of any part 5654
of said harbor, and/or extending, enlarging and adding to the same 5655
by dredging in any direction including inland; to acquire, 5656
construct, repair and improve public wharves and docks for said 5657
municipality, in connection with said harbor, and to operate the 5658
same under the port commissioners; to own, construct, lease and 5659
maintain sheds, warehouses, elevators, compresses, floating dry 5660
docks, graving docks, marine railways, tugboats, and other 5661
structures and facilities needful for the convenient use of the 5662
same in the aid of commerce, and other works of public 5663
improvement, including roadways necessary or useful for such port, 5664
harbor, and/or dock and wharf purposes, and to control and operate 5665
the same under the port commissioners; said sheds, warehouses, 5666
elevators, compresses and other works of public improvements, 5667
including roadways, to be situated either upon the municipal 5668
wharves and docks, and/or upon lands owned, purchased, reclaimed 5669
or leased by the municipality and situated within reasonable and 5670
practical proximity to such wharves, docks, harbor or port; to set 5671
aside or lease portions or all of the said lands, wharves, docks, 5672
sheds, warehouses, elevators, compresses, floating dry docks, 5673
graving docks, marine railways, tugboats, and other structures and 5674
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facilities needful for convenient use of the same in the aid of 5675
commerce, or any of the said necessary or useful improvements, for 5676
special purposes, for a term not exceeding twenty-five years; and 5677
to lease same for industrial use for a term not exceeding 5678
ninety-nine years to individuals, firms or corporations, public or 5679
private, on such terms and conditions and with such safeguards as 5680
will best promote and protect the public interest. Any such 5681
industrial lease may be executed upon such terms and conditions 5682
and for such monetary rental or other consideration as may be 5683
found adequate and approved by the city in orders or resolutions 5684
authorizing the same. Any covenants and obligations of the lessee 5685
to make expenditures in determined amounts and within such time or 5686
times, for improvements to be erected on the land by such lessee 5687
and to conduct thereon industrial operations in such aggregate 5688
payroll amounts and for such period of time or times as may be 5689
determined and defined in such lease, and to give preference in 5690
employment where practicable to qualified residents of the port of 5691
entry and of the county in which said port is situated, shall, if 5692
included in said lease, constitute and be deemed sufficient 5693
consideration for the execution of any such lease in the absence 5694
of a monetary rental or other considerations; any such instrument 5695
may contain reasonable provisions giving the lessee the right to 5696
remove its or his improvements upon termination of the lease. 5697
Such corporate authority shall also have the power and authority 5698
to acquire by eminent domain proceedings, purchase, or otherwise, 5699
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the land, property and rights that may be necessary or useful for 5700
the foregoing purposes, and for such purposes the municipality 5701
shall have the right to reclaim submerged lands. 5702
SECTION 155. Section 59-5-11, Mississippi Code of 1972, is 5703
brought forward as follows: 5704
59-5-11. The board shall have power to acquire, purchase, 5705
install, lease, construct, own, hold, maintain, equip, use, 5706
control, and operate ports, harbors, waterways, channels, wharves, 5707
piers, docks, quays, elevators, tipples, compresses, bulk loading 5708
and unloading facilities, warehouses, floating dry docks, graving 5709
docks, marine railways, tugboats, ships, vessels, shipyards, 5710
shipbuilding facilities, machinery and equipment, dredges and any 5711
other facilities required and incidental to the construction, 5712
outfitting, drydocking or repair of ships or vessels, and water, 5713
air and rail terminals, and roadways and approaches thereto, and 5714
other structures and facilities needful for the convenient use of 5715
the same in the aid of commerce, including the dredging, 5716
deepening, extending, widening, or enlarging of any ports, 5717
harbors, rivers, channels, and waterways, the damming of inland 5718
waterways, the establishment of water basins, the acquisition and 5719
development of industrial sites and the reclaiming of submerged 5720
lands. For such purposes the board is vested with full 5721
jurisdiction and control of any and all lands lying within, 5722
adjacent to, or near any state-owned or operated ports, harbors, 5723
rivers, channels, and waterways, or natural lakes, which lands are 5724
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below the mean high tide mark, and which lands are not within the 5725
jurisdiction of any other public body. 5726
SECTION 156. Section 59-9-19, Mississippi Code of 1972, is 5727
brought forward as follows: 5728
59-9-19. The board of supervisors of any county in which 5729
there has been created a county port authority or county 5730
development commission as provided in this chapter, acting through 5731
its county port authority or county development commission, shall 5732
have the following additional powers and authority: 5733
(a) To set aside or lease all or portions of said 5734
harbor facilities, wharves, docks, sheds, warehouses, elevators, 5735
compresses, floating dry docks, graving docks, marine railways, 5736
tugboats or any necessary or useful improvements for special 5737
purposes for a term not exceeding ninety-nine (99) years. 5738
(b) To sell, lease or otherwise dispose of tourism 5739
facilities, service facilities, shipyards, shipbuilding 5740
facilities, machinery and equipment, dredges, facilities and land 5741
acquired for industrial or harbor operations to individuals, firms 5742
or corporations, public or private, for industrial operations on 5743
such terms and conditions and with such safeguards as will best 5744
promote and protect the public interest, and they are hereby 5745
authorized to transfer possession and/or title to any part of all 5746
of such facilities and lands by deed, lease, contract or other 5747
customary business instrument; however, no such lease of land or 5748
facilities acquired for industrial operations shall be executed 5749
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for a term in excess of ninety-nine (99) years from its date, and 5750
before the execution of the same any such deed, conveyance, lease, 5751
contract or other disposition shall be authorized by the 5752
affirmative vote of at least two-thirds (2/3) of the membership of 5753
such port authority or development commission by order or 5754
resolution entered on its minutes, which order or resolution shall 5755
set forth the substantial terms of such deed, conveyance, lease, 5756
contract or other disposition. 5757
In the letting of contracts and in the advertisement for bids 5758
thereon, for the development, construction, repair, maintenance or 5759
operation of any structures, facilities and lands required 5760
pursuant to any of the provisions of this chapter, the board of 5761
supervisors and the county port authority shall comply with all of 5762
the requirements of the general laws of the State of Mississippi 5763
governing the advertisement for bids and the letting of contracts 5764
by county boards of supervisors. In the event title to any such 5765
lands under jurisdiction of the port authority or development 5766
commission is in the name of the county, no such transaction shall 5767
be consummated until and unless the same be authorized by proper 5768
resolution of the port authority or development commission and of 5769
the county, in which event the county shall join the port 5770
authority or development commission in the execution of such 5771
instrument. Any such sale or lease may be executed upon such 5772
terms and conditions and for such monetary rental or other 5773
consideration as may be found adequate and approved by the county 5774
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port authority or county development commission and the board of 5775
supervisors in orders or resolutions authorizing the same. Any 5776
covenants and obligations of the lessee or purchaser to make 5777
expenditures in determined amounts and within such time or times 5778
for improvements to be erected on the land by such lessee or 5779
purchaser and to conduct thereon industrial operations in such 5780
aggregate payroll amounts and for such period of time or times as 5781
may be determined and defined in such lease or conveyance, and to 5782
give preference in employment where practicable to qualified 5783
residents of the port of entry and of the county and/or state in 5784
which such port is situated, shall, if included in such lease or 5785
conveyance, constitute and be deemed sufficient consideration for 5786
the execution of any such lease or conveyance in the absence of a 5787
monetary rental or other considerations; any such lease may 5788
contain reasonable provisions giving the lessee the right to 5789
remove its or his improvements upon termination of the lease. 5790
Where the rentals provided in the lease will be sufficient to 5791
fully retire the cost of the particular facility or where the 5792
monetary consideration for a deed is sufficient to fully repay the 5793
cost of land acquired for industrial operations described in said 5794
deed, contracts for construction, repairs, maintenance and 5795
operation of the facility or for the sale of the land, may be 5796
negotiated and consummated without the necessity of advertising 5797
and obtaining competitive bids therefor. Such county, acting 5798
through the port authority or development commission, shall have 5799
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the right to reclaim submerged lands for such purposes and shall 5800
also have the right to acquire by eminent domain proceedings, 5801
purchase or otherwise, any land or estate therein or property and 5802
rights that may be necessary for the purposes of this chapter, 5803
provided that land acquired for industrial operations by eminent 5804
domain shall be leased or shall be sold only with such provisions 5805
in the deed or lease as shall ensure that the use of the land 5806
shall be beneficial to the carrying out of the purposes of this 5807
chapter and the promotion of commerce through said port. The 5808
county, acting through the port authority or development 5809
commission, shall have no authority or power to acquire without 5810
the consent of the owner thereof any property operated or used for 5811
port, harbor or industrial operations, or for such purposes as the 5812
county, acting through the port authority or development 5813
commission, is authorized to acquire and use such property for, 5814
where such property has been sold or leased by the county, acting 5815
through the port authority or development commission, to any 5816
person, firm or corporation for industrial operations as provided 5817
in this chapter. In the exercise of eminent domain, the county, 5818
acting through the port authority or development commission, shall 5819
determine the amount and character of the land or estate therein 5820
thus to be acquired and the public necessity for such exercise and 5821
their determination shall be conclusive and shall not be subject 5822
to attack in the absence of manifold abuse of discretion or fraud 5823
on the part of said county in making such determination and said 5824
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county, acting through the port authority or development 5825
commission, shall have all powers and authority vested in persons 5826
or corporations having the right of eminent domain by Sections 5827
11-27-1 through 11-27-49 and all other statutes pertinent thereto. 5828
(c) To accept assurances and other agreements from 5829
persons, firms and corporations who are benefited by any action of 5830
the port authority pursuant to this chapter, including agreements 5831
to save the county harmless on account of any assurances given by 5832
the county to the United States of America or any agency thereof, 5833
including the Secretary of the Army, and to enter into contracts 5834
with such persons, firms or corporations relative to the future 5835
development and use of property owned by such persons, firms or 5836
corporations. 5837
(d) To obligate the county by contract with persons, 5838
firms and corporations owning or agreeing to purchase property in 5839
the area benefited by any action of the port authority under the 5840
provisions of this chapter for the construction, development, 5841
improvement or expansion of channels and other navigation projects 5842
by the county at its expense and the continued maintenance and 5843
operation thereof by the county at its expense for a period of 5844
time not to exceed ninety-nine (99) years, or so long as any such 5845
person, firm or corporation continues to use said property for 5846
industrial operations. 5847
(e) To obtain liability insurance as deemed appropriate 5848
for the needs of the port authority or development commission. If 5849
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liability insurance is in effect, the port authority or 5850
development commission may be sued by anyone affected to the 5851
extent of such insurance carried; however, immunity from suit is 5852
waived only to the extent of such liability insurance carried, and 5853
a judgment creditor shall have recourse only to the proceeds or 5854
right to proceeds of such liability insurance. 5855
(f) To invest funds credited to the county development 5856
commission. A county development commission is vested with 5857
authority to designate depositories of its funds and to deposit 5858
its funds in insured, interest-bearing accounts or securities 5859
guaranteed by the good faith of the United States Treasury. All 5860
funds in excess of ninety (90) days' operating expenses, to the 5861
extent practicable, shall be invested in United States Treasury 5862
bills, interest-bearing accounts insured by the Federal Deposit 5863
Insurance Corporation, or other securities of the United States 5864
government including United States Treasury bills, notes and 5865
bonds, federal agency securities, mortgage-backed securities 5866
guaranteed as to repayment of principal by the United States 5867
government, or repurchase agreements and mutual funds invested in 5868
obligations of the United States government or its agencies and 5869
repurchase agreements fully collateralized by such obligations. 5870
SECTION 157. Section 59-17-13, Mississippi Code of 1972, is 5871
brought forward as follows: 5872
59-17-13. (1) The board shall have power to acquire, 5873
purchase, install, lease, construct, own, hold, maintain, equip, 5874
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use, control, and operate ports, harbors, waterways, channels, 5875
wharves, piers, docks, quays, elevators, tipples, compresses, bulk 5876
loading and unloading facilities, warehouses, floating dry docks, 5877
graving docks, marine railways, tugboats, machinery and equipment, 5878
and water, air and rail terminals, and roadways and approaches 5879
thereto, and other structures and facilities needful for the 5880
convenient use of the same in the aid of commerce, including the 5881
dredging, deepening, extending, widening, or enlarging of any 5882
ports, harbors, rivers, channels, and waterways, the damming of 5883
inland waterways, the establishment of water basins, the 5884
acquisition and development of industrial sites and the reclaiming 5885
of submerged lands. 5886
(2) The State Inland Port Authority, subject to the approval 5887
of the board, shall have the power to borrow money from any 5888
source, public or private, for any of its corporate purposes and 5889
to give such security as may be required in connection therewith 5890
and to enter into a joint agreement with the boards of supervisors 5891
of any county, or the governing authority of any municipality, or 5892
both acting jointly, to issue revenue bonds of such county or 5893
municipality, or both, acting jointly, as provided by Section 5894
59-7-311 which bonds may be payable out of any revenues of the 5895
authority, including grants or contributions from the federal 5896
government or other sources. Such revenue bonds may be issued 5897
without an election on resolution of the board of supervisors, 5898
governing body of the municipality, or both acting jointly, and 5899
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shall not be subject to any limitation as to amount, and shall not 5900
be included or computed in the statutory limitation of 5901
indebtedness of any such county or municipality. 5902
(3) All leases which are now in effect or which may 5903
hereafter be executed by the State Inland Port Authority for port, 5904
harbor, commercial or industrial improvements, and all structures 5905
and all improvements and other permanent facilities erected, 5906
installed or located by such lessees, or their successors or 5907
assignees within the limits of any port, harbor or part thereof, 5908
may be free and exempt from all state, county and municipal ad 5909
valorem taxes if so stipulated in such lease, and for such period 5910
as may be fixed in such lease, not to exceed such periods of time 5911
as are now authorized or may be hereafter authorized by law. 5912
SECTION 158. Section 61-3-15, Mississippi Code of 1972, is 5913
brought forward as follows: 5914
61-3-15. An authority shall have all the powers necessary or 5915
convenient to carry out the purposes of this chapter (excluding 5916
the power to levy and collect taxes or special assessments) 5917
including, but not limited to, the power: 5918
(a) To sue and be sued, to have a seal and to have 5919
perpetual succession. 5920
(b) To purchase general liability insurance coverage, 5921
including errors and omissions insurance, for its officials and 5922
employees. 5923
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(c) To employ an executive director, secretary, 5924
technical experts, and such other officers, agents and employees, 5925
permanent and temporary, as it may require, and to determine their 5926
qualifications and duties, and to establish compensation and other 5927
employment benefits as may be advisable to attract and retain 5928
proficient personnel. For regional airport authorities organized 5929
under Section 61-3-7, such employment benefits may include payment 5930
for all or part of dependent health insurance coverage. 5931
(d) To execute such contracts and other instruments and 5932
take such other action as may be necessary or convenient to carry 5933
out the purposes of this chapter. 5934
(e) To plan, establish, develop, construct, enlarge, 5935
improve, maintain, equip, operate, regulate and protect airports 5936
and air navigation facilities within this state and within any 5937
adjoining state, including the acquisition, lease, lease-purchase, 5938
construction, installation, equipment, maintenance and operation 5939
of such airports or buildings, equipment and other facilities or 5940
other property for the servicing of aircraft or for the comfort 5941
and accommodation of air travelers or for any other purpose deemed 5942
by the authority to be necessary to carry out its duties; to 5943
develop, operate, manage or own and maintain intermodal facilities 5944
to serve air and surface cargo and multimodal facilities to serve 5945
highway and rail passenger transportation needs to ensure 5946
interface and interaction between modes for cargo and passengers; 5947
to construct, improve, and maintain means of ingress and egress to 5948
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airport properties from and over off-airport sites with approval 5949
of the city or county in which the off-airport site is located; to 5950
market, promote and advertise airport properties, goods and 5951
services; and to directly purchase and sell supplies, goods and 5952
commodities incident to the operation of its airport properties 5953
without having to make purchases thereof through the municipal 5954
governing authorities, and with the authority to utilize 5955
design-build and construction manager at-risk methods of 5956
construction in accordance with Sections 31-7-13.1 and 31-7-13.2. 5957
For all the previously stated purposes, an authority may, by 5958
purchase, gift, devise, lease, eminent domain proceedings or 5959
otherwise, acquire property, real or personal, or any interest 5960
therein, including easements in airport hazards or land outside 5961
the boundaries of an airport or airport site, as are necessary to 5962
permit the removal, elimination, obstruction-marking or 5963
obstruction-lighting of airport hazards, to prevent the 5964
establishment of airport hazards or to carry out its duties. 5965
(f) To acquire, by purchase, gift, devise, lease, 5966
lease-purchase, eminent domain proceedings or otherwise, existing 5967
airports and air navigation facilities. However, an authority 5968
shall not acquire or take over any airport or air navigation 5969
facility owned or controlled by another authority, a municipality 5970
or public agency of this or any other state without the consent of 5971
such authority, municipality or public agency. 5972
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(g) To establish or acquire and maintain airports in, 5973
over and upon any public waters of this state, and any submerged 5974
lands under such public waters, and to construct and maintain 5975
terminal buildings, landing floats, causeways, roadways and 5976
bridges for approaches to or connecting with any such airport, and 5977
landing floats and breakwaters for the protection thereof. 5978
(h) To establish, enact and enforce ordinances, rules, 5979
regulations and standards for public safety, aviation safety, 5980
airport operations and the preservation of good order and peace of 5981
the authority; to prevent injury to, destruction of or 5982
interference with public or private property; to protect property, 5983
health and lives and to enhance the general welfare of the 5984
authority by restricting the movements of citizens or any group 5985
thereof on the property of the authority when there is imminent 5986
danger to the public safety because of freedom of movement 5987
thereof; to regulate the entrances to property and buildings of 5988
the authority and the way of ingress and egress to and from the 5989
same; to establish fire limits and to hire firemen, including 5990
aircraft fire and rescue and similar personnel, and to establish 5991
and equip a fire department to provide fire and other emergency 5992
services on any property of the authority; to regulate, restrain 5993
or prohibit construction failing to meet standards established by 5994
the authority; to appoint and discharge police officers with 5995
jurisdiction limited to property of the airport authority and 5996
authorization to enforce the ordinances, rules and regulations of 5997
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the authority, as well as the laws of the State of Mississippi, 5998
and to issue citations for infractions of all of such ordinances, 5999
rules, regulations, standards and laws of the State of Mississippi 6000
returnable to the court of appropriate jurisdiction. 6001
(i) To develop and operate an industrial park or parks 6002
and exercise all authority provided for under Chapter 7, Title 57, 6003
Mississippi Code of 1972. 6004
(j) To attach, pursuant to the power and procedure set 6005
forth in Chapter 33, Title 11, Mississippi Code of 1972, the 6006
equipment of debtors of the authority. 6007
(k) To enter into agreements with local governments 6008
pursuant to Section 17-13-1 et seq. 6009
(l) To render emergency assistance to other airports 6010
within the United States at an aggregate cost of less than Twenty 6011
Thousand Dollars ($20,000.00) per emergency. The assistance 6012
authorized in this paragraph must be rendered within ninety (90) 6013
days after a state of emergency has been declared by the federal 6014
government, or by the local or state government that has 6015
jurisdiction over the area where the airport needing assistance is 6016
located. 6017
(m) To enter into joint use or similar agreements with 6018
any department or agency of the United States of America or the 6019
State of Mississippi, including any military department of the 6020
United States of America or the State of Mississippi, with respect 6021
to the use and operation of, or services provided at, any airport 6022
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or other property of the authority on the terms and conditions as 6023
the authority may deem appropriate, including provisions limiting 6024
the liability of the United States of America or the State of 6025
Mississippi for loss or damage to the authority if the authority 6026
determines that the limitation of liability is reasonable, 6027
necessary and appropriate under the circumstances. 6028
(n) To enter into mutual aid agreements with counties 6029
and municipalities for reciprocal emergency aid and assistance in 6030
case of emergencies too extensive to be dealt with unassisted; to 6031
participate in the Statewide Mutual Aid Compact (SMAC) in 6032
accordance with Section 33-15-19. 6033
SECTION 159. Section 79-21-53, Mississippi Code of 1972, is 6034
brought forward as follows: 6035
79-21-53. As used in Sections 79-21-51 through 79-21-67, 6036
Mississippi Code of 1972: 6037
(a) The term "member" shall include actual members of 6038
associations without capital stock and holders of common stock in 6039
associations organized with capital stock. 6040
(b) The term "person" shall include individuals, firms, 6041
partnerships, corporations and associations. 6042
(c) The term "association" means any association 6043
organized under the terms of Sections 79-21-51 through 79-21-67, 6044
Mississippi Code of 1972. 6045
(d) The term "aquatic product" shall include all 6046
commercial products of aquatic life normally found in, or 6047
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associated with, the salt waters of the State of Mississippi or 6048
the United States. It shall specifically include, but is not 6049
limited to, shellfish, domesticated fish, fish of all species, and 6050
their by-products, normally found in salt water. 6051
(e) The term "commercial fishing" shall include all 6052
persons engaged totally or part-time in the business of catching 6053
freezing, marketing, processing, transporting, wholesaling or 6054
otherwise involved in the utilization of aquatic products from the 6055
salt waters of the State of Mississippi or the United States for 6056
commercial purposes. 6057
(f) The term "domestic fish farming" shall include all 6058
persons engaged in the growing, managing, harvesting and/or 6059
marketing of domesticated fish or shellfish as a cultivated crop 6060
in privately owned or leased waters or submerged lands. 6061
(g) The term "domesticated fish" means any fish or 6062
shellfish that are spawned and grown, managed, harvested and 6063
marketed on an annual, semiannual, biennial, or short-term basis 6064
in privately owned or leased waters or submerged lands. 6065
(h) The term "producer" means any person engaged 6066
totally, or part-time, in the business of commercial fishing or 6067
domestic fish farming for the commercial purpose of providing 6068
aquatic products to consumers. 6069
SECTION 160. Section 27-31-39, Mississippi Code of 1972, is 6070
brought forward as follows: 6071
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27-31-39. All Public Trust Tidelands belonging to the State 6072
of Mississippi or any of its political subdivisions shall be 6073
exempt from ad valorem taxation. 6074
SECTION 161. Section 29-7-3, Mississippi Code of 1972, is 6075
brought forward as follows: 6076
29-7-3. There shall be no development or extraction of oil, 6077
gas, or other minerals from state-owned lands by any private party 6078
without first obtaining a mineral lease therefor from the 6079
commission. The commission is hereby authorized and empowered, 6080
for and on behalf of the state, to lease any and all of the state 6081
land now owned (including that submerged or whereover the tide may 6082
ebb and flow) or hereafter acquired, to some reputable person, 6083
association, or company for oil and/or gas and/or other minerals 6084
in and under and which may be produced therefrom, excepting, 6085
however, sixteenth section school land, lieu lands, and such 6086
forfeited tax land and property the title to which is subject to 6087
any lawful redemption, for such consideration and upon such terms 6088
and conditions as the commission deems just and proper. No 6089
mineral lease of offshore lands shall allow offshore drilling 6090
operations north of the coastal barrier islands, except in Blocks 6091
40, 41, 42, 43, 63, 64 and 66 through 98, inclusive. Further, 6092
surface offshore drilling operations will not be allowed within 6093
one (1) mile of Cat Island. The commission may only offer for 6094
lease the state-owned lands in Blocks 40, 41, 42, 43, 63, 64 and 6095
66 through 98, inclusive, as shown on the Mississippi Department 6096
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of Environmental Quality Bureau of Geology Plat of Lease Blocks 6097
(Open File Report 151) on terms and conditions and for a length of 6098
time as determined by the commission. The commission may not 6099
lease any lands or submerged lands off the Mississippi Gulf Coast 6100
that have been leased by the Department of Marine Resources before 6101
January 1, 2004, for any public or private oyster reef lease or 6102
any lands or submerged lands within one (1) mile of that lease for 6103
the purposes of drilling offshore for oil, gas and other minerals. 6104
Consistent with the conservation policies of this state under 6105
Section 53-1-1 et seq., the commission may offer for public bid 6106
any tracts or blocks of state-owned lands not currently under 6107
lease, which have been identified to the commission as having 6108
development potential for oil or natural gas, not less than once a 6109
year. Upon consultation with the Office of Geology in the 6110
Mississippi Department of Environmental Quality, the Secretary of 6111
State and any other state agency as the commission deems 6112
appropriate, the commission shall promulgate rules and regulations 6113
consistent with this chapter governing all aspects of the process 6114
of leasing state lands within its jurisdiction for mineral 6115
development, including the setting of all terms of the lease form 6116
to be used for leasing state-owned lands, any necessary fees, 6117
public bidding process, delay rental payments, shut-in royalty 6118
payments, and such other provisions as may be required. The 6119
Attorney General shall review the lease form adopted by the 6120
commission for legal sufficiency. 6121
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There shall not be conducted any seismographic or other 6122
mineral exploration or testing activities on any state-owned lands 6123
within the mineral leasing jurisdiction of the commission without 6124
first obtaining a permit therefor from the commission. Upon 6125
consultation with the Office of Geology in the Mississippi 6126
Department of Environmental Quality, the Secretary of State and 6127
any other state agency as the commission deems appropriate, the 6128
commission shall promulgate rules and regulations governing all 6129
aspects of seismographic or other mineral exploration activity on 6130
state lands within its jurisdiction, including the establishing of 6131
fees and issuance of permits for the conduct of such mineral 6132
exploration activities. The Attorney General shall review the 6133
permit form adopted by the commission for legal sufficiency. 6134
Provided, however, that persons obtaining permits from the 6135
commission for seismographic or other mineral exploration or 6136
testing activities on state-owned wildlife management areas, lakes 6137
and fish hatcheries, shall be subject to rules and regulations 6138
promulgated therefor by the Mississippi Commission on Wildlife, 6139
Fisheries and Parks which shall also receive all permit fees for 6140
such testing on said lands. In addition, persons obtaining 6141
permits from the commission for seismographic or other mineral 6142
exploration or testing activities on state-owned marine waters 6143
shall be subject to rules and regulations promulgated therefor by 6144
the Mississippi Department of Marine Resources which shall also 6145
receive all permit fees for such testing on those waters. 6146
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Further, provided that each permit within the Mississippi 6147
Sound or tidelands shall be reviewed by the Mississippi Commission 6148
on Marine Resources and such special conditions as it may specify 6149
will be included in the permit. Information or data obtained in 6150
any mineral exploration activity on any and all state lands shall 6151
be disclosed to the state through the commission, upon demand. 6152
Such information or data shall be treated as confidential for a 6153
period of ten (10) years from the date of receipt thereof and 6154
shall not be disclosed to the public or to any firm, individual or 6155
agency other than officials or authorized employees of this state. 6156
Any person who makes unauthorized disclosure of such confidential 6157
information or data shall be guilty of a misdemeanor, and upon 6158
conviction thereof, be fined not more than Five Thousand Dollars 6159
($5,000.00) or imprisoned in the county jail not more than one (1) 6160
year, or both. 6161
Whenever any such land or property is leased for oil and gas 6162
and/or other minerals, such lease contract shall provide for a 6163
lease royalty to the state of at least three-sixteenths (3/16) of 6164
such oil and gas or other minerals, same to be paid in the manner 6165
prescribed by the commission. Of the monies received in 6166
connection with the execution of such leases, five-tenths of one 6167
percent (5/10 of 1%) shall be retained in a special fund to be 6168
appropriated by the Legislature, One Hundred Thousand Dollars 6169
($100,000.00) of which amount to be used by the commission for the 6170
administration of the leasing and permitting under this section, 6171
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and the remainder of such amount shall be deposited into the 6172
Education Trust Fund, created in Section 206A, Mississippi 6173
Constitution of 1890; and two percent (2%) shall be paid into a 6174
special fund to be designated as the "Gulf and Wildlife Protection 6175
Fund," to be appropriated by the Legislature, one-half (1/2) 6176
thereof to be apportioned as follows: an amount which shall not 6177
exceed One Million Dollars ($1,000,000.00) shall be used by the 6178
Mississippi Department of Wildlife, Fisheries and Parks and the 6179
Mississippi Department of Marine Resources solely for the purpose 6180
of cleanup, remedial or abatement actions involving pollution as a 6181
result of the exploration or production of oil or gas, and any 6182
amount in excess of such One Million Dollars ($1,000,000.00) shall 6183
be deposited into the Education Trust Fund, created in Section 6184
206A, Mississippi Constitution of 1890. The remaining one-half 6185
(1/2) of such Gulf and Wildlife Protection Fund to be apportioned 6186
as follows: an amount which shall not exceed One Million Dollars 6187
($1,000,000.00) shall be used by the Mississippi Commission on 6188
Wildlife, Fisheries and Parks and the Mississippi Department of 6189
Marine Resources for use first in the prudent management, 6190
preservation, protection and conservation of existing waters, 6191
lands and wildlife of this state and then, provided such purposes 6192
are accomplished, for the acquisition of additional waters and 6193
lands and any amount in excess of such One Million Dollars 6194
($1,000,000.00) shall be deposited into the Education Trust Fund, 6195
created in Section 206A, Mississippi Constitution of 1890. 6196
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However, in the event that the Legislature is not in session to 6197
appropriate funds from the Gulf and Wildlife Protection Fund for 6198
the purpose of cleanup, remedial or abatement actions involving 6199
pollution as a result of the exploration or production of oil or 6200
gas, then the Mississippi Department of Wildlife, Fisheries and 6201
Parks and the Mississippi Department of Marine Resources may make 6202
expenditures from this special fund account solely for said 6203
purpose. The commission may lease the submerged beds for sand and 6204
gravel on such a basis as it may deem proper, but where the waters 6205
lie between this state and an adjoining state, there must be a 6206
cash realization to this state, including taxes paid for such sand 6207
and gravel, equal to that being had by such adjoining state, in 6208
all cases the requisite consents therefor being lawfully obtained 6209
from the United States. 6210
The Department of Environmental Quality is authorized to 6211
employ competent engineering personnel to survey the territorial 6212
waters of this state in the Mississippi Sound and the Gulf of 6213
Mexico and to prepare a map or plat of such territorial waters, 6214
divided into blocks of not more than six thousand (6,000) acres 6215
each with coordinates and reference points based upon longitude 6216
and latitude surveys. The commission is authorized to adopt such 6217
survey, plat or map for leasing of such submerged lands for 6218
mineral development; and such leases may, after the adoption of 6219
such plat or map, be made by reference to the map or plat, which 6220
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shall be on permanent file with the commission and a copy thereof 6221
on file in the Office of the State Oil and Gas Board. 6222
SECTION 162. Section 39-7-3, Mississippi Code of 1972, is 6223
brought forward as follows: 6224
39-7-3. It is hereby declared to be the public policy and in 6225
the public interest of the State of Mississippi to locate, 6226
protect, and preserve all sites, objects, buildings, shipwrecks, 6227
and locations of historical, archaeological, or architectural 6228
significance, including, but not limited to historically or 6229
architecturally significant buildings, structures relating to 6230
significant engineering accomplishments, prehistoric and 6231
historical American Indian or aboriginal campsites, dwellings, and 6232
habitation sites, archaeological sites of every character, 6233
treasure imbedded in the earth, sunken or abandoned ships and 6234
wrecks of the sea or any part or the contents thereof, maps, 6235
records, documents, books, artifacts, and implements of culture in 6236
any way related to the inhabitants, prehistory, history, natural 6237
history, government, or culture in, on or under any of the lands, 6238
tidelands, submerged lands, and bed of the sea within the 6239
jurisdiction of the State of Mississippi. 6240
SECTION 163. Section 39-7-9, Mississippi Code of 1972, is 6241
brought forward as follows: 6242
39-7-9. All sunken or abandoned ships and wrecks of the sea, 6243
and any part or the contents thereof, and all treasure imbedded in 6244
the earth, located in, on or under the surface of lands belonging 6245
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to the State of Mississippi, including its tidelands, submerged 6246
lands and the beds of its rivers and the sea within the 6247
jurisdiction of the State of Mississippi are hereby declared to be 6248
Mississippi Landmarks and are the sole property of the State of 6249
Mississippi and may not be taken, altered, damaged, destroyed, 6250
salvaged or excavated without a contract or permit of the board. 6251
SECTION 164. Section 49-15-301, Mississippi Code of 1972, is 6252
brought forward as follows: 6253
49-15-301. (1) The Mississippi Advisory Commission on 6254
Marine Resources is hereby established and full power is vested in 6255
the advisory commission to advise the Executive Director of the 6256
Department of Marine Resources on all matters pertaining to all 6257
saltwater aquatic life and marine resources. The advisory 6258
commission shall advise the Executive Director of the Department 6259
of Marine Resources on the administration of the Coastal Wetlands 6260
Protection Law and the Public Trust Tidelands Act. 6261
Notwithstanding any other provision of law to the contrary, the 6262
commission shall only be an advisory commission to the Department 6263
of Marine Resources and shall not have independent authority to 6264
take official action on behalf of the Mississippi Department of 6265
Marine Resources and its actions are purely advisory in nature. 6266
Whenever the terms "Mississippi Commission on Marine Resources," 6267
"Commission on Marine Resources" and "commission" when referring 6268
to the Mississippi Commission on Marine Resources appear in any 6269
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state law, they shall mean the "Mississippi Advisory Commission on 6270
Marine Resources." 6271
(2) The reconstituted Mississippi Advisory Commission on 6272
Marine Resources shall consist of five (5) members to be appointed 6273
as follows: 6274
(a) The Governor shall appoint five (5) members who 6275
shall be residents of Jackson, Harrison and Hancock Counties with 6276
the advice and consent of the Senate. The Governor shall appoint 6277
at least one (1) member from each county but not more than two (2) 6278
members from any one (1) county. The members designated in 6279
subparagraphs (i), (ii) and (iv) must be a resident of the county 6280
where the business he is appointed to represent is located. 6281
(b) The advisory commission shall be composed as 6282
follows: 6283
(i) One (1) member shall be a commercial seafood 6284
processor. 6285
(ii) One (1) member shall be a commercial 6286
fisherman. 6287
(iii) One (1) member shall be a recreational 6288
sports fisherman. 6289
(iv) One (1) member shall be a charter boat 6290
operator. 6291
(v) One (1) member shall be a member of an 6292
incorporated nonprofit environmental organization. 6293
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(c) Of the initial members appointed by the Governor, 6294
the members designated in subparagraphs (i), (ii) and (iii) shall 6295
serve for an initial term of two (2) years and one (1) member 6296
shall be appointed from each county. The members designated in 6297
subparagraphs (iv) and (v) shall serve an initial term of four (4) 6298
years. All terms after the initial terms shall be for a period of 6299
four (4) years. 6300
(d) Any vacancy in the office of an appointed member of 6301
the advisory commission shall be filled by appointment by the 6302
Governor for the balance of the unexpired term. 6303
(3) Each member shall have a demonstrated history of 6304
involvement in the matter of jurisdiction for which he is 6305
appointed to represent and his employment and activities must not 6306
conflict with the matter of jurisdiction represented. A member 6307
shall not have a record of conviction of violation of fish and 6308
game or seafood laws or regulations within the five (5) years 6309
preceding his appointment or a record of any felony conviction. 6310
After July 1, 1999, if a member is convicted of a violation of the 6311
seafood laws during his term, his office shall be deemed vacant 6312
and the Governor shall fill the vacancy as provided in this 6313
section. 6314
(4) The advisory commission shall elect a chairman who shall 6315
preside at all meetings of the commission, and the advisory 6316
commission shall also elect a vice chairman who shall serve in the 6317
absence or inability of the chairman. 6318
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(5) Each member shall be paid actual and necessary expenses 6319
incurred in attending meetings of the advisory commission and in 6320
performing his duties away from his domicile under assignment by 6321
the advisory commission. In addition, members shall receive the 6322
per diem authorized in Section 25-3-69. 6323
(6) The advisory commission shall adopt rules and 6324
regulations governing times and places of meetings. 6325
(7) The advisory commission shall not take any action 6326
without the approval of the Department of Marine Resources, and 6327
such action shall be included in the minutes of the advisory 6328
commission. A majority of the members shall constitute a quorum 6329
of the advisory commission. 6330
(8) The advisory commission shall advise the Department of 6331
Marine Resources on how to devise a plan to make licenses 6332
available in each coastal county. 6333
(9) (a) There is hereby created a Marine Resources 6334
Technical Advisory Council composed of the Executive Director of 6335
the Gulf Coast Research Lab, or his designee; the Executive 6336
Director of the Department of Environmental Quality, or his 6337
designee; and the Executive Director of the Department of 6338
Wildlife, Fisheries and Parks, or his designee. 6339
(b) The council shall give technical assistance to the 6340
department. 6341
(10) For purposes of this section the following definitions 6342
apply: 6343
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(a) "Charter boat operator" means an individual who 6344
operates a vessel for hire, guiding sports fishermen for a fee and 6345
is duly licensed to engage in such activity in the State of 6346
Mississippi. 6347
(b) "Commercial fisherman" means a fisherman who sells, 6348
barters or exchanges any or all of his catch or who is paid for 6349
attempting to catch marine species, and is duly licensed to engage 6350
in commercial fishing. 6351
(c) "Commercial seafood processor" means an individual 6352
who engages in the business of purchasing seafood products and 6353
preparing them for resale and who is duly licensed to engage in 6354
such commercial activity in the State of Mississippi. 6355
(d) "Incorporated environmental nonprofit organization" 6356
means an organization duly incorporated in any state as a 6357
nonprofit organization and whose stated goals and purposes are the 6358
conservation of natural resources. 6359
(e) "Recreational sports fisherman" means an individual 6360
who catches or harvests marine species only for recreation or 6361
personal consumption and not for sale. The individual must 6362
possess a saltwater sports fishing license, be a member of an 6363
incorporated nonprofit sports fishing organization and not possess 6364
a commercial fishing or seafood processor license. 6365
SECTION 165. Section 49-15-304, Mississippi Code of 1972, is 6366
brought forward as follows: 6367
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49-15-304. The department, with the advice of the advisory 6368
commission, may adopt, modify or repeal rules or regulations to 6369
utilize, manage, conserve, preserve and protect the flora, fauna, 6370
tidelands, coastal wetlands, coastal preserves, marine waters and 6371
any other matter pertaining to marine resources under its 6372
jurisdiction. Rules and regulations adopted by the department 6373
shall be consistent with the public policy expressed in Section 6374
29-15-3 (public trust tidelands), Section 39-7-3 (antiquities and 6375
historic preservation), Section 49-15-1 (seafood), Section 49-17-3 6376
(pollution control), Section 49-27-3 (coastal wetlands protection) 6377
and Section 57-15-6 (coastal zone management). The department may 6378
make exceptions to and grant variances from any rules and 6379
regulations adopted by the department. The department shall give 6380
due consideration to permissable uses of the natural resources 6381
within its jurisdiction when promulgating rules and regulations. 6382
SECTION 166. Section 49-27-4, Mississippi Code of 1972, is 6383
brought forward as follows: 6384
49-27-4. (1) The Mississippi Department of Marine Resources 6385
is authorized and directed to designate the Danzler Tract, nine 6386
hundred twenty-five (925) acres located in the Pascagoula River 6387
Marshes in Jackson County, Mississippi, acquired in 1997 with 6388
funds obtained by Secretary of State Eric Clark as trustee of the 6389
public trust tidelands and part of the Mississippi Coastal 6390
Preserves Program, as the "Secretary of State Eric Clark Coastal 6391
Preserve" in honor of his role in the development of the program. 6392
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(2) The Mississippi Department of Marine Resources in 6393
conjunction with the Office of Secretary of State are further 6394
authorized to erect appropriate markers and signs indicating the 6395
location of the "Secretary of State Eric Clark Coastal Preserve" 6396
and other pertinent information on the mission, trail systems and 6397
visitor guidelines relating to the Mississippi Coastal Plain. 6398
SECTION 167. Section 49-27-5, Mississippi Code of 1972, is 6399
brought forward as follows: 6400
49-27-5. (a) "Coastal wetlands" means all publicly-owned 6401
lands subject to the ebb and flow of the tide; which are below the 6402
ordinary high water mark; all publicly-owned accretions above the 6403
ordinary high water mark and all publicly-owned submerged 6404
water-bottoms below the ordinary high water mark and includes the 6405
flora and fauna on the wetlands and in the wetlands. 6406
(b) "Department" means the Department of Marine Resources. 6407
(c) "Regulated activity" means any of the following 6408
activities: 6409
(i) The dredging, excavating or removing of soil, mud, 6410
sand, gravel, flora, fauna or aggregate of any kind from any 6411
coastal wetland; 6412
(ii) The dumping, filling or depositing of any soil, 6413
stones, sand, gravel, mud, aggregate of any kind or garbage, 6414
either directly or indirectly, on or in any coastal wetlands; 6415
(iii) Killing or materially damaging any flora or fauna 6416
on or in any coastal wetland; 6417
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(iv) The erection on coastal wetlands of structures 6418
which materially affect the ebb and flow of the tide; and 6419
(v) The erection of any structure or structures on 6420
suitable sites for water dependent industry. 6421
(d) "Dredging" means the removal or displacement by any 6422
means of soil, sand, gravel, shells or other material, whether of 6423
intrinsic value or not, from coastal wetlands. 6424
(e) "Executive director" means the Executive Director of the 6425
Department of Marine Resources. 6426
(f) "Filling" means either the displacement of waters by the 6427
deposition into coastal wetlands of soil, sand, gravel, shells or 6428
other material; or the artificial alteration of water levels or 6429
water currents by physical structures, drainage ditches or 6430
otherwise. 6431
(g) "Person" means any natural person, partnership, joint 6432
stock company, corporation, unincorporated association or society, 6433
or the state and any agency thereof, or any county, municipality 6434
or political subdivision, or any other corporation of any 6435
character whatsoever. 6436
(h) "Commission" means the Mississippi Advisory Commission 6437
on Marine Resources. 6438
(i) "Water dependent industry" means those commercial, 6439
industrial or manufacturing activities which, for purposes basic 6440
to their existence must occur or locate on or adjacent to the 6441
estuaries, sounds, channels, shores or marshlands of the coast. 6442
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"Suitable sites for water dependent industry" means those areas of 6443
land which are suitable for the development of water dependent 6444
industry because of their proximity to waters of navigable depth, 6445
size and configuration, topography, soil conditions and access to 6446
other means of transportation. After consultation with local 6447
governments, port authorities, development commissions, port and 6448
harbor commissions and other interested parties, and after full 6449
consideration of zoning ordinances duly adopted by local 6450
governments, the department shall designate those sites it deems 6451
suitable for water dependent industry. The definition of 6452
"suitable sites for water dependent industry" shall be limited to, 6453
but not necessarily inclusive of, waterfront sites owned by county 6454
port authorities, development commissions and port and harbor 6455
commissions, and to areas that are now or are later made to be 6456
within one thousand (1,000) feet of the centerline of any natural 6457
or maintained channel having a depth of seven (7) feet or greater 6458
at mean low water. However, additional sites may be included in 6459
the definition of suitable sites for water dependent industry with 6460
the concurrence of the board of supervisors in the county 6461
affected. 6462
(j) "Ordinary High Water Mark (OHWM)" means a mark on the 6463
shore determined by the department staff, established by 6464
fluctuations in water level and indicated by physical and 6465
biological characteristics including, but not limited to, water 6466
stains, changes in the character of the soil, scour lines, 6467
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presence of debris lines, changes in plant communities and other 6468
appropriate means that consider the characteristics of the 6469
surrounding area. The determination of OHWM shall not be made by 6470
the department staff during high tide where the above referenced 6471
characteristics are not observable. OHWM is not the same as mean 6472
high water and shall not be used for determination of the boundary 6473
between private property and public trust tidelands or for any 6474
purpose other than regulated activity as defined in this section. 6475
SECTION 168. Section 49-27-71, Mississippi Code of 1972, is 6476
brought forward as follows: 6477
49-27-71. (1) Definitions. As used in the section, the 6478
following words and phrases have the following meanings unless the 6479
context clearly indicates otherwise: 6480
(a) "Abandoned vessel" means a vessel left unattended 6481
for four (4) or more weeks after a hurricane, tropical storm or 6482
other natural event resulting in a declaration of emergency by the 6483
Governor, or, in the absence of a hurricane, tropical storm or 6484
other natural event resulting in a declaration of emergency by the 6485
Governor, any of the following: 6486
(i) A vessel left unattended that is moored, 6487
anchored, or otherwise in the waters of the state or on public 6488
property for a period of more than ten (10) days. 6489
(ii) A vessel that is moored, anchored, or 6490
otherwise on or attached to private property for a period of more 6491
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than ten (10) days without the consent of the owner or lessee of 6492
the property or of the public trust tidelands. 6493
Upon notification from the owner of the vessel outlining the 6494
circumstances following a hurricane, tropical storm or other 6495
natural event, the department may grant an exception to the time 6496
frames indicated above. 6497
(b) "Department" means the Mississippi Department of 6498
Marine Resources. 6499
(c) "Derelict vessel" means a vessel in the waters of 6500
the State of Mississippi that satisfies any of the following: 6501
(i) Is aground without the ability to extricate 6502
itself absent mechanical assistance; 6503
(ii) Is sunk or otherwise resting on the bottom of 6504
the waterway; 6505
(iii) Is abandoned; 6506
(iv) Is wrecked, junked, or in a substantially 6507
dismantled condition upon any waters of this state: 6508
1. A vessel is "wrecked" if it is sunken or 6509
sinking; or remaining after a marine casualty, including, but not 6510
limited to, a boating accident, extreme weather, or fire. 6511
2. A vessel is "junked" if it has been 6512
substantially stripped of vessel components, if vessel components 6513
have substantially degraded or been destroyed, or if the vessel 6514
has been discarded by the owner or operator. Attaching an 6515
outboard motor to a vessel that is otherwise junked will not cause 6516
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the vessel to no longer be junked if such motor is not an 6517
effective means of propulsion. 6518
3. A vessel is "substantially dismantled" if 6519
at least two (2) of the three (3) following vessel systems or 6520
components are missing, compromised, incomplete, inoperable, or 6521
broken: 6522
(A) The steering system; 6523
(B) The propulsion system; or 6524
(C) The exterior hull integrity. 6525
Attaching an outboard motor to a vessel that is otherwise 6526
substantially dismantled will not cause the vessel to no longer be 6527
substantially dismantled if such motor is not an effective means 6528
of propulsion; 6529
(v) Docked, grounded, or beached upon the property 6530
of another without the consent of the owner of the property; 6531
(vi) Is obstructing a waterway or within one 6532
hundred (100) yards of the boundaries of any state, county or 6533
municipal port; 6534
(vii) Is endangering life or property; 6535
(viii) Has broken loose or is in danger of 6536
breaking loose from its anchor, mooring, or ties; or 6537
(iv) A vessel that is otherwise not seaworthy. 6538
(d) "Documented vessel" means a vessel documented under 6539
46 USC, Chapter 121. 6540
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(e) "Effective means of propulsion" means a vessel, 6541
other than a barge, that is equipped with: 6542
(i) A functioning motor, controls, and steering 6543
system; or 6544
(ii) Rigging and sails that are present and in 6545
good working order, and a functioning steering system. 6546
A vessel does not have an effective means of propulsion for 6547
safe navigation within seventy-two (72) hours after the vessel 6548
owner or operator received telephonic notice, in-person notice 6549
recorded on an agency-approved body camera, or written notice, 6550
which may be provided by facsimile, electronic mail, or other 6551
electronic means, stating such from a representative of the 6552
department, and the vessel owner or operator is unable to provide 6553
a receipt, proof of purchase, or other documentation of having 6554
ordered necessary parts for vessel repair. The department may 6555
adopt regulations to implement this paragraph. 6556
(f) "Floating building or structure" means a floating 6557
entity, with or without accommodations built thereon, which is not 6558
primarily used as a means of transportation on water but which 6559
serves purposes or provides services typically associated with a 6560
structure or other improvement to real property. The term 6561
includes, but is not limited to, an entity used as a residence, 6562
place of business or office with public access; a hotel or motel; 6563
a restaurant or lounge; a clubhouse; a meeting facility; a storage 6564
or parking facility; or a mining platform, dredge, dragline, or 6565
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similar facility or entity represented as such. Incidental 6566
movement upon water or resting partially or entirely on the bottom 6567
does not, in and of itself, preclude an entity from classification 6568
as a floating structure. 6569
(g) "Gross negligence" means conduct so reckless or 6570
wanting in care that it constitutes a conscious disregard or 6571
indifference to the safety of the property to such conduct. 6572
(h) "Moored" means a vessel that is anchored or affixed 6573
in some other way to the public trust tidelands, to leased 6574
tidelands, to private land, or within the riparian zone of a 6575
private or public landowner or leaseholder. 6576
(i) "Registered" means a vessel documented under 6577
Section 59-21-5. 6578
(j) "Unseaworthy" means a vessel that is not fit or 6579
safe for any normal perils of the sea or has no effective means of 6580
propulsion. 6581
(k) "Vessel" means every description of watercraft, 6582
other than a seaplane, capable of being used as a means of 6583
transportation on the water. For the purposes of this section, 6584
vessels powered only by hand, foot, oars or paddles, are included. 6585
For the purposes of this section, floatable buildings and 6586
structures, whether or not they are used for navigation, are 6587
included. 6588
(l) "Waters of the state" means any waters located 6589
within Harrison, Hancock and Jackson Counties under the 6590
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jurisdiction of the Mississippi Department of Marine Resources as 6591
established pursuant to Section 49-15-23. 6592
(m) "Willful misconduct" means conduct evidencing 6593
carelessness or negligence of such a degree or recurrence as to 6594
manifest culpability, wrongful intent, or evil design or to show 6595
an intentional and substantial disregard of the interests of the 6596
vessel owner. 6597
(2) Jurisdiction. (a) (i) In the waters of Harrison, 6598
Hancock and Jackson Counties, a person, firm, corporation or other 6599
entity may not leave derelict or at risk of being derelict, any 6600
vessel on the coastal wetlands, marine waters, or on public or 6601
privately owned lands without the owner's permission. 6602
(ii) The Department of Marine Resources has the 6603
authority to remove derelict vessels, whether located on private 6604
or public property. 6605
(iii) Vessels located in ports and harbors are 6606
subject to the provisions outlined in Title 50, Mississippi Code 6607
of 1972, Ports, Harbors, Landings and Watercraft. 6608
(iv) Subparagraph (i) of this paragraph (a) does 6609
not apply to vessels located in marinas, garages or repair shops 6610
for repairs, improvements or other work with knowledge of the 6611
owner and for which the costs for such services have been unpaid. 6612
(v) Vessels deemed to be derelict pursuant to this 6613
chapter are exempt from the salvage provisions in Section 89-17-1 6614
et seq. 6615
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(b) (i) In all other waters of the State of 6616
Mississippi, a person, firm, corporation or other entity may not 6617
leave derelict or at risk of being derelict, any vessel in the 6618
wetlands, public waters or waterways or on public or privately 6619
owned lands without the owner's permission. 6620
(ii) Subparagraph (i) of this paragraph (b) does 6621
not apply to vessels located in public or private marinas, garages 6622
or repair shops for repairs, improvements or other work with 6623
knowledge of the owner and for which the costs for such services 6624
have been unpaid. 6625
(iii) Vessels deemed to be derelict pursuant to 6626
this chapter are exempt from the salvage provisions of Section 6627
89-17-1 et seq. 6628
(3) Penalties. Violations of this section will be subject 6629
to the penalties as provided in Section 49-15-63. 6630
(4) Standing. A party with standing may initiate the 6631
derelict vessel procedures in this section. For purpose of this 6632
section, the following parties have standing: 6633
(a) The owner of the property where the vessel came to 6634
rest or to which the vessel was made fast; 6635
(b) Any harbormaster, police department, municipality 6636
or agent of the state that agrees to accept or process a derelict 6637
vessel; or 6638
(c) Any professional marine salvager when the salvager 6639
is engaged by a person with standing. 6640
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(5) Landowner permission may be revoked at any time. The 6641
landowner must provide the department sufficient proof that the 6642
vessel owner has been notified of the revocation of landowner's 6643
permission or proof that the landowner cannot locate the owner of 6644
the vessel. 6645
When a vessel that is not otherwise leased to another party 6646
is moored upon public trust tidelands for a period of thirty (30) 6647
days or longer, permission must be granted by the Secretary of 6648
State's Office. 6649
(6) Notice. Any party with standing, or his or her 6650
representative, may initiate the notice process by filing an 6651
application with the department to remove the derelict vessel. 6652
Upon receipt and review of the application, the department may 6653
initiate the following notice process: 6654
(a) A department officer is authorized to board any 6655
vessel that has been reported to the department as being derelict 6656
or at risk of being derelict to determine the condition of the 6657
vessel and in an attempt to establish ownership of the vessel. 6658
(b) A department officer shall post notice, which must 6659
comply with the following requirements: 6660
(i) Be posted on the vessel in a prominent 6661
location, visible to an approaching person; 6662
(ii) Require the vessel owner to submit a plan for 6663
removal to the department within seven (7) days of the notice; and 6664
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(iii) Include a space for the owner of the vessel 6665
to respond. 6666
(c) If the registered owner responds with a signature 6667
in the space or otherwise provides a written response to the 6668
department requesting an extension of time, then the registered 6669
owner will have an additional five (5) days to submit the plan for 6670
removal. 6671
(d) The department will notify the respondent of the 6672
approval or denial of the removal plan within seven (7) business 6673
days. 6674
(e) If the respondent fails to comply with the approved 6675
removal plan and fails to submit a satisfactory reason as to why 6676
the vessel cannot be moved as planned, the department may present 6677
the removal plan and evidence of the owner's noncompliance to the 6678
chancery court. 6679
(f) Upon presentation of the required evidence, the 6680
chancery court will issue an order allowing the department or its 6681
representative to remove the vessel from its current location and 6682
make whatever disposition is deemed appropriate, including, but 6683
not limited to, immediate disposal, storage pending disposal, use 6684
for official purposes, transfer to another state agency or other 6685
disposition. 6686
(g) If the vessel is located in an area of coastal 6687
wetlands where emergent vegetation is present or where the vessel 6688
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is embedded in the ground, a wetlands permit may be required prior 6689
to removal. 6690
(h) Any party who acts in good faith and without 6691
malicious intent in the processing, storing or moving any derelict 6692
vessel pursuant to this section is immune from liability for 6693
damages to the vessel. 6694
(7) Determining ownership. (a) Upon receipt of an 6695
application for the removal of a derelict vessel where no removal 6696
plan has been submitted by the owner, the department must attempt 6697
to contact the registered owner of the vessel and any lien holders 6698
of record by other available means. 6699
(b) The department must inquire of the Mississippi 6700
Department of Wildlife, Fisheries and Parks (MDWFP) as to the 6701
status of the vessel in regard to the Mississippi Boating Law of 6702
1960, Section 59-21-1 et seq., or the United States Coast Guard as 6703
to the status of the vessel in regard to documentation under 46 6704
USC, Chapter 121. 6705
(c) The inquiry must provide the description of the 6706
vessel, including the vessel registration number. 6707
(d) The MDWFP is required to provide the requested 6708
information to the department within two (2) business days. 6709
(e) The registered owner of a vessel must comply with 6710
Section 59-21-21 to change ownership. In the event a vessel owner 6711
fails to notify the MDWFP of a transfer of ownership and supply 6712
the new owner's contact information, the owner of the vessel 6713
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according to MDWFP records is presumed to be the person to whom 6714
the vessel is registered. 6715
(f) If there is no registered owner found, the 6716
department must make publication on the department's website and 6717
in a newspaper with general circulation for three (3) weeks, 6718
describing the vessel and the location. 6719
(8) Derelict vessel removal. (a) After the initial notice 6720
period described in subsection (6) has lapsed and the department 6721
can show proof of inquiries to ascertain the vessel ownership 6722
under subsection (7) of this section, the department may obtain an 6723
order from the chancery court for the derelict vessel to be 6724
removed from its current location. 6725
(b) The chancery court order may authorize the 6726
department to make whatever disposition is deemed appropriate, 6727
including, but not limited to, immediate disposal of the vessel, 6728
storage pending disposal, use for official purposes, transfer to 6729
another state agency or other disposition. 6730
(c) If the vessel is located in an area of coastal 6731
wetlands where emergent vegetation is present or where the vessel 6732
is embedded in the ground, a wetlands permit may be required prior 6733
to removal. 6734
(d) Any person who acts in good faith and without 6735
malicious intent in the processing, storing or moving of any 6736
derelict vessel pursuant to this section is immune from civil 6737
liability for damage to the vessel. 6738
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(9) Emergency removal. Any derelict vessel that is 6739
obstructing a waterway, is within any designated navigation 6740
channel or within one hundred (100) yards of the boundaries of any 6741
state, county or municipal port may be declared a hazard to 6742
navigation and subject to immediate relocation, removal disposal, 6743
or other disposition by the department or other party with 6744
standing. 6745
(a) Any derelict vessel that is leaking any hazardous 6746
substances, chemicals or fuels will be reported to the Mississippi 6747
Department of Environmental Quality (MDEQ) and may be declared an 6748
environmental hazard and subject to immediate relocation, removal, 6749
disposal or other disposition by MDEQ, the department or other 6750
party with standing. 6751
(b) The registered owner of a vessel removed in 6752
accordance with this subsection (9) is liable for the costs 6753
associated with the relocation, removal, salvage storage or 6754
disposal of the vessel and any damages to the flora and fauna 6755
within the affected area. 6756
(c) Any funds derived from salvage or sale of a vessel 6757
pursuant to this section will be used to offset the costs to the 6758
department associated with the removal, salvage, storage or 6759
disposal of the vessel. 6760
(d) Any funds derived from damages to the flora and 6761
fauna will be deposited into the Coastal Resource Management Fund 6762
if the Department of Marine Resources initiates the action. 6763
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(e) Any party who relocates or removes a vessel under 6764
this section is not liable for damages resulting from relocation 6765
or removal unless the damage results from gross negligence or 6766
willful misconduct. 6767
(10) Cost recovery. (a) The department may seek full cost 6768
recovery from the registered owner of the derelict vessel for any 6769
expense incurred as a result of, or incidental to, removing the 6770
vessel. The registered owner of the vessel is liable for the 6771
costs of removal, storage, disposal, and restoration of affected 6772
lands, attorneys' fees, and all court costs. 6773
(b) The owner of the vessel is also liable for an 6774
administrative penalty of Five Hundred Dollars ($500.00) per day. 6775
The penalty for emergency removal of vessels under subsection (9) 6776
of this section may be imposed by the Executive Director of the 6777
Department of Marine Resources upon the recommendation of the 6778
Advisory Commission on Marine Resources, under Section 49-15-401 6779
et seq. The fines for removal of all other vessels may be imposed 6780
by the chancery court. 6781
(c) Expenses incurred, including, but not limited to, 6782
fines, court costs, vessel removal, storage, disposal, restoration 6783
of affected lands, and attorneys' fees for derelict vessels will 6784
be imposed by the chancery court as outlined in subsection (11) of 6785
this section. 6786
(d) If the registered owner should fail to pay fines 6787
imposed by the department in accordance with paragraph (b) of this 6788
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subsection, an enforcement action will be filed with the chancery 6789
court which may result in the court issuing an order, including, 6790
but not limited to, the collection of fines, court costs, and/or 6791
any legal avenue the court finds appropriate to collect such 6792
funds. 6793
(e) All proceeds from any activity initiated by the 6794
Department of Marine Resources related to the disposition of a 6795
vessel under this chapter will go into the Derelict Vessel Fund, a 6796
special fund within the Seafood Fund. However, any fines imposed 6797
for the damage to coastal wetlands will be placed in the Coastal 6798
Resource Management Fund. 6799
(11) Court process. (a) The chancery court of the county 6800
in which the vessel is located has jurisdiction over all matters 6801
concerning derelict vessels under this section, including 6802
injunctions and demands for damages. If the vessel is allowed to 6803
float and/or is otherwise moved to another county after notice has 6804
been provided under subsection (6) of this section, the county in 6805
which the vessel was first provided notice shall have continuing 6806
jurisdiction. 6807
(b) If there is no response to the publication attempts 6808
under subsection (7)(e) of this section, the chancery court will 6809
issue an order to the department allowing the department to take 6810
possession of the vessel and make such use or disposition of the 6811
vessel as deemed appropriate under the circumstances. If the 6812
department determines that the vessel may be used for official 6813
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purposes or otherwise sold, the MDWFP will issue a vessel 6814
registration number or a hull identification number to the 6815
department after proof of publication has been submitted. 6816
(c) The chancery court may, in its discretion, order 6817
damages up to Five Hundred Dollars ($500.00) per day for every day 6818
the vessel was left abandoned or derelict, beginning on the day 6819
notice was posted on the vessel. 6820
(d) If the department or a party with standing desires 6821
to require the registered owner to remove the vessel, then he or 6822
she may apply to the chancery court for a writ of mandatory 6823
injunction ordering the registered owner to remove the vessel. 6824
The chancery court must allow a reasonable time for removal and 6825
restoration of the affected lands. The chancery court may order 6826
further damages not to exceed Five Hundred Dollars ($500.00) per 6827
day for each day that the violation exists beyond the date set by 6828
the court in an injunction for the removal of the vessel and 6829
restoration of the affected lands. 6830
(e) Any court-ordered reimbursed costs or damages in 6831
excess of the actual costs of removal and restoration initiated by 6832
the Department of Marine Resources must be deposited in a special 6833
fund in the State Treasury known as the "Derelict Vessel Fund" 6834
within the Seafood Fund. Any funds deposited in the fund must be 6835
used to cover the administrative costs and removal costs incurred 6836
by the department for the removal of vessels. Any remaining funds 6837
must be used to cover the costs of removing additional derelict 6838
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vessels. However, any fines imposed for the damage to coastal 6839
wetlands will be placed in the Coastal Resource Management Fund. 6840
(12) Department authorities. (a) The department is 6841
authorized to enter into contracts with individuals, firms and 6842
corporations, or agreements with other state agencies for the 6843
removal and/or temporary storage of vessels prior to removal. The 6844
salvage value, if any, of the vessel may be used to offset the 6845
costs of the removal of the vessel and the restoration of the 6846
affected area. The department may enter into noncompetitive 6847
contracts or agreements with any state or federal entity for the 6848
removal of vessels. 6849
(b) The department may enter into interstate or 6850
intrastate agreements toward this end, and may seek and utilize 6851
aid from all federal, state, and local sources in this endeavor. 6852
(c) The Department of Marine Resources shall adopt 6853
rules and regulations necessary and appropriate to carry out this 6854
section for actions falling within its jurisdiction. 6855
(d) The department may promulgate regulations to 6856
establish a derelict vessel prevention program to address vessels 6857
at risk of becoming derelict. Such program may, but is not 6858
required to, include: 6859
(i) Removal, relocation, and destruction of 6860
vessels declared a public nuisance due to the lack of proper 6861
marine sanitation, derelict or at risk of becoming derelict, or 6862
lost or abandoned. 6863
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(ii) Creation of a vessel turn-in program allowing 6864
the owner of a vessel determined by the department to be at risk 6865
of becoming derelict, to turn the vessel and vessel title over to 6866
the department to be destroyed without penalty. 6867
(iii) Providing for removal and destruction or 6868
other disposition of an abandoned vessel for which an owner cannot 6869
be identified or the owner of which is deceased and no heir is 6870
interested in acquiring the vessel. 6871
(iv) Purchase of anchor line, anchors, and other 6872
equipment necessary for securing vessels at risk of becoming 6873
derelict. 6874
(v) Creating or acquiring moorings designated for 6875
securing vessels at risk of becoming derelict. 6876
(e) The State of Mississippi, the Commission on Marine 6877
Resources, the Department of Marine Resources, and their employees 6878
and representatives shall not be liable for any damages resulting 6879
from the removal, towing, storage, sale or disposal of any vessel 6880
that is derelict or hazardous under this section. 6881
(f) The department or any party with standing does not 6882
incur liability for any resulting damage to the vessel or any 6883
damage the vessel may cause to any property or person during the 6884
time frame between posting notice and vessel removal. If any 6885
damages occur during the period of time between notice and removal 6886
of the vessel, the registered vessel owner, according to MDWFP 6887
records, is presumed liable for all damages. 6888
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SECTION 169. Section 57-15-5, Mississippi Code of 1972, is 6889
brought forward as follows: 6890
57-15-5. (1) It is hereby declared to be the intent of the 6891
Legislature by this chapter that the policy of the council hereby 6892
created shall be conducted according to the following guidelines: 6893
the council shall have the general purpose and policy of studying 6894
and developing plans, proposals, reports and recommendations for 6895
the development and utilization of the coastal and offshore lands, 6896
waters and marine resources of this state in order to ensure that 6897
all future plans and/or programs of the State of Mississippi 6898
involving the field of marine resources and sciences, 6899
oceanographic research, and related studies, will be coordinated 6900
with comparable functions and programs of agencies of the United 6901
States government. The council shall further have the purpose and 6902
policy to help coordinate, as hereinabove provided, all plans of 6903
other agencies of this state engaged in similar activities and of 6904
the various states of the United States of America, and also with 6905
all private agencies whose purpose is marine science and resource 6906
development. The council is further authorized to enter into 6907
contract with any state or federal agency as may be necessary and 6908
requisite to carry out the purposes of this chapter. The council 6909
shall have the responsibility for the general management of the 6910
state's wetlands. 6911
(2) The council is authorized and empowered to solicit and 6912
accept financial support from sources other than the state, 6913
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including private or public sources or foundations. All funds 6914
received by or appropriated to the council shall be deposited upon 6915
receipt thereof into a special fund in the State Treasury to be 6916
known and designated as the "Mississippi Marine Resources Fund." 6917
Expenditures from said fund shall be made in the following manner: 6918
expenditures by and for the council for the purpose of carrying 6919
out its functions as provided by law shall be made with the 6920
approval of the council at any meeting upon requisitions presented 6921
to the State Auditor in the manner provided by law, and paid by 6922
the State Treasurer. Full and complete accounting shall be kept 6923
and made by the council for all funds received and expended by it. 6924
Representatives of the office of the State Auditor of Public 6925
Accounts annually shall audit the expenditure of funds received by 6926
the council from all sources and the said auditor shall make a 6927
complete and detailed report of such audit to the Legislature. It 6928
is further provided that all state appropriated funds expended 6929
shall conform to all requirements of law as provided for 6930
expenditures. 6931
(3) The council may solicit, receive and expend 6932
contributions, matching funds, gifts, bequests and devises from 6933
any source, whether federal, state, public or private, as 6934
authorized by annual appropriations therefor. 6935
(4) The council may enter into agreements with federal, 6936
state, public or private agencies, departments, institutions, 6937
firms, corporations or persons to carry out its policies as 6938
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provided for in this chapter. To accomplish these goals, the 6939
council may expend any such sums from any source as herein 6940
provided. 6941
The agreements provided for in this subsection shall include, 6942
but not be limited to, the following provisions: 6943
(a) The duration of the agreement; 6944
(b) The purpose of the agreement; 6945
(c) A description of the procedures to be used in 6946
carrying out the purpose of the agreement; and 6947
(d) Provisions for termination of the agreement. 6948
Any entity entering into such an agreement shall comply with 6949
the provisions therein. 6950
(5) The council is authorized and empowered to accept 6951
financial support from any federal outer continental shelf revenue 6952
sharing programs. All funds received from such programs shall be 6953
deposited upon receipt thereof into a special trust fund in the 6954
State Treasury to be known and designated as the "Outer 6955
Continental Shelf Trust Fund." Expenditures from said fund shall 6956
be made for the benefit of any project affecting any county in the 6957
State of Mississippi which borders on the Gulf of Mexico with the 6958
approval of the Legislature. 6959
(6) The council may contract with other governmental 6960
agencies and third parties for the acquisition and management of 6961
lands and properties for inclusion in the "Coastal Preserve 6962
System." For purposes of these contracts with other governmental 6963
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agencies or third parties and the expenditure of funds pursuant to 6964
the contracts, the "Coastal Preserve System" as defined by the 6965
council shall be deemed to be a part of the ecosystems of the 6966
Public Trust Tidelands. Contracts authorized under this section 6967
may provide funds for the management of properties included in the 6968
"Coastal Preserve System." 6969
(7) There is established a special account to be known as 6970
the "Coastal Preserve System Timber Account" within the 6971
Mississippi Marine Resources Fund. Any funds received from the 6972
salvage or harvesting of timber or sale of other forest products 6973
from lands included in or managed as a part of the Coastal 6974
Preserve System shall be credited to the account. Any unexpended 6975
funds remaining in the account at the end of the year shall not 6976
lapse, but shall remain in the account. The account shall be 6977
treated as a special trust fund and interest earned on the 6978
principal shall be credited to the account. Any funds in the 6979
account may be expended, subject to the approval of the 6980
Legislature, for the management and improvement of the Coastal 6981
Preserve System and for the acquisition of additional lands for 6982
inclusion in the Coastal Preserve System. 6983
SECTION 170. Section 59-1-17, Mississippi Code of 1972, is 6984
brought forward as follows: 6985
59-1-17. (1) The several port commissions in the State of 6986
Mississippi are each hereby vested with full jurisdiction and 6987
control of any and all lands lying within, or adjacent to, any 6988
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river, bay or natural lake which are now, or heretofore were, 6989
below the mean high tide mark, and which lands lie within or 6990
adjacent to any port or harbor within the jurisdiction of such 6991
port commission, and as to which lands the claims of private 6992
persons or private corporations have been, or hereinafter are, 6993
acquired by such port commission, or by the city for its benefit, 6994
by purchase, lease, conveyance or eminent domain proceedings. Any 6995
such port commission is hereby authorized to reclaim any and all 6996
such lands, by filling, dredging or other methods and to utilize, 6997
lease or dispose of same for the development and operation of the 6998
port to the same extent it is now, or may hereinafter be, 6999
authorized to utilize its other facilities. 7000
(2) It is hereby declared that the leasing or use for 7001
commercial purposes, port purposes and for industrial development 7002
related thereto of the following described submerged lands and 7003
tidelands belonging to the State of Mississippi in an area lying 7004
between the East Pascagoula River and the West Pascagoula River, 7005
Jackson County, Mississippi, will serve a higher public interest 7006
in accordance with the purposes of this section and with the 7007
public policy of this state as set forth in Section 49-27-3, said 7008
property being more particularly described as follows: 7009
All that part of the Lowry Island Resurvey, which is 7010
bounded on the South by the L&N (now CSX) Railroad 7011
Track; on the East by the East Pascagoula River; on the 7012
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West by the West Pascagoula River; and on the North by 7013
the North corporate limits of the City of Pascagoula and 7014
the South corporate limits of the City of Moss Point, 7015
LESS AND EXCEPT, however, that part of said property now 7016
owned by any private corporations. 7017
(3) The governing authority of the city in which such state 7018
lands are located is hereby authorized to apply for and secure a 7019
lease in accordance with Section 29-1-107, except for a period of 7020
not to exceed forty (40) years, of such state lands as may be 7021
necessary for the development for commercial purposes, port 7022
purposes and related industrial facilities in the aforesaid areas 7023
described in subsection (2) hereof. 7024
Application for a lease shall be made with the Secretary of 7025
State. 7026
Utilization of any and all submerged land and/or tideland 7027
shall be in such a manner so as not to obstruct normal navigation 7028
of any normal and natural channel. Title to the property shall 7029
remain vested in the State of Mississippi. 7030
All oil, gas and other minerals in, on or under said lands 7031
leased are hereby specifically reserved unto the State of 7032
Mississippi. 7033
The city governing authority is hereby authorized to sublease 7034
such lands for commercial purposes, port purposes and for 7035
industrial development related thereto. 7036
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All subleases executed by the city governing authority shall 7037
be on such terms and conditions, and with such safeguards, as will 7038
best promote and protect the public interest. Such subleases 7039
shall be submitted to the Secretary of State for approval. Each 7040
sublease shall provide that if such property is not utilized 7041
within five (5) years, or if commercial, port or industrial usage 7042
ceases and such termination continues for a period of two (2) 7043
years, the sublease shall terminate and all rights thereunder 7044
shall revert to the city. If such nonutilization for a period of 7045
five (5) years or cessation of use for a period of two (2) years 7046
shall be caused, suspended, delayed or interrupted by act of God, 7047
fire, war, rebellion, scarcity of water, insurrection, riot, 7048
strike, scarcity of labor, differences with employees, failure of 7049
a carrier to transport or furnish facilities for transportation; 7050
or as a result of some order, rule or regulation of any federal, 7051
state, municipality or other governmental agency; or as the result 7052
of failure of the sublessee to obtain any required permit or 7053
certificate; or as the result of any cause whatsoever beyond the 7054
control of sublessee, the time of such delay or interruption shall 7055
not be counted against the sublessee in determining such period of 7056
five (5) years or two (2) years. All subleases shall be for a 7057
fair and adequate consideration and the compensation and revenues 7058
therefrom shall be retained by the state. 7059
(4) (a) It is further declared that it will serve a higher 7060
public interest in accordance with the purposes of this section 7061
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and with the public policy of the state as set forth in Section 7062
49-27-3 for the following parcels of the Lowry Island Resurvey to 7063
be subleased for the purpose of developing multiunit residential 7064
structures, height not exceeding fifty (50) feet, that are an 7065
integral part of a public marina: (i) that parcel consisting of 7066
existing filled tidelands or fastlands lying immediately adjacent 7067
to the East Pascagoula River and north right-of-way boundary of 7068
U.S. Highway 90; and (ii) that parcel consisting of existing 7069
filled tidelands or fastlands lying immediately adjacent to the 7070
West Pascagoula River and north right-of-way boundary of U.S. 7071
Highway 90. 7072
(b) The governing authority of the city in which are 7073
located the parcels described in this subsection may sublease such 7074
parcels for such residential development upon the same terms and 7075
conditions prescribed in subsection (3). 7076
(5) This section is to be considered as supplementary and 7077
cumulative and nothing in this section shall be construed as 7078
repealing or amending any options, leases, deeds, contracts, 7079
agreements or legal instruments heretofore entered into by the 7080
governing authorities of the municipality in which the port of 7081
entry is located, or the port commission. 7082
SECTION 171. Section 59-9-21, Mississippi Code of 1972, is 7083
brought forward as follows: 7084
59-9-21. (1) In addition to the powers and authority 7085
elsewhere conferred by this chapter, the board of supervisors of 7086
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any county in which there has been created a county port authority 7087
or county development commission, acting through its county port 7088
authority or county development commission, shall have the power 7089
and authority to rebuild and restore to its previous width and 7090
height any sloping beach or sand beach heretofore pumped in or 7091
dredged to protect a public highway extending along the beach or 7092
shore of any body of tidewater which is exposed to or in danger of 7093
damage by water driven against the shore by storms or hurricanes, 7094
as heretofore authorized by Section 1 of Chapter 319 enacted at 7095
the 1924 Regular Session of the Mississippi Legislature; and to 7096
let by competitive bids a contract therefor in the manner and by 7097
the procedure set out in Section 59-9-27. In addition to bonds 7098
heretofore issued pursuant to Chapter 462, Laws of 1971, the board 7099
of supervisors may issue and sell full faith and credit bonds of 7100
said county in the manner and by the procedure set out in this 7101
chapter in an amount not exceeding Four Million Dollars 7102
($4,000,000.00), subject to the limitations and conditions of this 7103
chapter, and may apply thereon any funds now or hereafter made 7104
available to the use or pledge of the said development commission, 7105
and to dredge, fill in and reclaim submerged lands and tidelands 7106
belonging to the State of Mississippi. 7107
(2) It is hereby declared that the leasing for the 7108
development of port and related industrial facilities of the 7109
following described submerged lands and tidelands belonging to the 7110
State of Mississippi in an area immediately adjacent to the 7111
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present port and industrial complex known as the Bayou Casotte 7112
Area in Jackson County, Mississippi, will serve a higher public 7113
interest in accordance with the purposes of this section and with 7114
the public policy of this state as set forth in Section 49-27-3, 7115
said property being more particularly described as follows: 7116
Commencing at the Northeast corner of the Southeast Quarter 7117
of Section 20, Township 8 South, Range 5 West and at grid 7118
coordinates N242,489.57 feet, E606,331.52 feet; runs thence 7119
North 89 degrees 10' 22" East along the Mid-Section Line of 7120
Section 21, Township 8 South, Range 5 West, 661.48 feet to a 7121
point at grid coordinates N242,499.12 feet, E606,992.93 feet; 7122
runs thence South 0 degrees 27' 25" East 1,621.39 feet to a 7123
two inch iron pipe with cap, set in concrete at grid 7124
coordinates N240,877.78 feet, E607,005.86 feet, said point 7125
being the Southeast corner of the property conveyed to 7126
Corchem, Inc., by H.K. Porter Company, Inc., by instrument 7127
dated December 31, 1971, recorded in Deed Book 419, page 182, 7128
Land Deed records of Jackson County, Mississippi, and being 7129
the point of beginning; runs thence South 0 degrees 27' 25" 7130
East, 1,018.61 feet to a point on the South line of said 7131
Section 21, said point being North 89 degrees 18' 22" East, 7132
650.33 feet, of the Southwest corner of said Section 21; runs 7133
thence South 0 degrees 27' 25" East, 2,306.58 feet, to a two 7134
inch iron pipe with cap, set in concrete at grid coordinates 7135
N237,552.70 feet, E607,032.37 feet; thence continues South 0 7136
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degrees 27' 25" East 173 feet, more or less, to the mean 7137
water line of the Mississippi Sound, at scaled grid 7138
coordinates N237,379 feet, N607,033 feet; runs thence South 0 7139
degrees 27' 25" East 1,379 feet, more or less, to the 7140
intersection of the N236,000 grid line, at grid coordinates 7141
N236,000.00 feet, E607,044.75 feet; runs thence North 90 7142
degrees 00' 00" West, with the N236,000 grid line, 3,305 7143
feet, more or less, to the mean water line of the Mississippi 7144
Sound on the East side of a Spoil Island, at scaled grid 7145
coordinates N236,000 feet, E603,740 feet; runs thence across 7146
said Spoil Island, North 90 degrees 00' 00" West, 195 feet, 7147
more or less, to the mean water line of the Mississippi Sound 7148
on the West side of said Spoil Island at scaled grid 7149
coordinates N236,000 feet, E603,545 feet; runs thence North 7150
90 degrees 00' 00" West, with the N236,000 grid line 2,140 7151
feet, more or less, to the East Harbor Line of Bayou Casotte 7152
at grid coordinates N236,000.00 feet, E601,404.38 feet; runs 7153
thence with the East Harbor Line of Bayou Casotte North 0 7154
degrees 03' 00" West, 4,056.52 feet to a point at grid 7155
coordinates N240,056.52 feet, E601,400.84 feet; thence 7156
continues with the East Harbor Line of Bayou Casotte North 6 7157
degrees 34' 54" East, 746.48 feet to a point that is South 89 7158
degrees 10' 22" West of the point of beginning and at grid 7159
coordinates N240,798.08 feet, E601,486.40 feet; runs thence 7160
North 89 degrees 10' 22" East, 780 feet, more or less, to the 7161
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mean water line of the Mississippi Sound at scaled grid 7162
coordinates N240,809 feet, E602,266 feet; runs thence North 7163
89 degrees 10' 22" East, 60 feet, more or less, to a two inch 7164
iron pipe with cap, set in concrete at grid coordinates 7165
N240,810.22 feet, E602,326.35 feet; thence continues North 89 7166
degrees 10' 22" East, along the South boundary of Corchem, 7167
Inc., property 4,680.00 feet to the point of beginning and 7168
contains 623.7 acres, more or less. The real property herein 7169
described is situated in the South one half of Section 20, 7170
Southwest Quarter of the Southwest Quarter of Section 21, 7171
West one half of the Northwest Quarter of Fractional Section 7172
28, and Fractional Section 29, all being located in Township 7173
8 South, Range 5 West, Jackson County, Mississippi. LESS AND 7174
EXCEPT any portion of the following described property which is 7175
not owned or otherwise held in trust by the State of Mississippi: 7176
Commencing at the Northeast corner of the Southeast 7177
Quarter of Section 20, Township 8 South, Range 5 West and at 7178
grid coordinates N242,489.57 feet, E606,331.52 feet; runs 7179
thence North 89 degrees 10' 22" East along the Mid-Section 7180
line of Section 21, Township 8 South, Range 5 West, 661.48 7181
feet to a point at grid coordinates N242,499.12 feet, 7182
E606,992.93 feet; runs thence South 0 degrees 27' 25" East, 7183
1621.39 feet to a two inch iron pipe with cap, set in 7184
concrete, at grid coordinates N240,877.78 feet, E607,005.86 7185
feet, said point being the Southeast corner of the property 7186
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conveyed to Corchem, Inc., by H.K. Porter Company, Inc., by 7187
deed dated December 31, 1971, recorded in Deed Book 419, page 7188
182, Land Deed Records of Jackson County, Mississippi, and 7189
the point of beginning; runs thence South 0 degrees 27' 25" 7190
East, 1,018.61 feet to a point on the South line of said 7191
Section 21, said point being 650.33 feet East of the 7192
Southwest corner of said Section 21; runs thence South 0 7193
degrees 27' 25" East 2,306.58 feet to a two inch iron pipe 7194
with cap, set in concrete at grid coordinates N237,552.70 7195
feet, E607,032.37 feet; thence continues South 0 degrees 27' 7196
25" East, 173 feet, more or less, to the mean water line of 7197
the Mississippi Sound as existed in 1961; runs thence 7198
Northwesterly along the said meandering mean water line to a 7199
point on the West line of Fractional Section 28, Township 8 7200
South, Range 5 West; thence continues along the meandering 7201
mean water line of the Mississippi Sound in a Northwesterly 7202
direction to a point on the North line of Fractional Section 7203
29, Township 8 South, Range 5 West; thence continues along 7204
said meandering water line of the Mississippi Sound in a 7205
Northwesterly direction to a point that is South 89 degrees 7206
10' 22" West of the point of beginning; runs thence North 89 7207
degrees 10' 22" East, 60 feet, more or less, to a two inch 7208
iron pipe with cap, set in concrete, at grid coordinates 7209
N240,810.22 feet, E602,326.35 feet; thence continues North 89 7210
degrees 10' 22" East along the South boundary of Corchem, 7211
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Inc., property, 4,680.00 feet to the point of beginning. The 7212
parcel of land herein described is situated in the South 7213
one-half of Section 20, the Southwest Quarter of the 7214
Southwest Quarter of Section 21, the West one-half of the 7215
Northwest Quarter of Fractional Section 28, and Fractional 7216
Section 29, all being in Township 8, Range 5 West, Jackson 7217
County, Mississippi, and contains 205.4 acres, more or less. 7218
Bearings and grid coordinates used in this description refer 7219
to the Transverse Mercator Projection for the State of 7220
Mississippi East Zone. 7221
(3) It is hereby declared that the leasing or use for 7222
commercial fishing purposes, port purposes and for industrial 7223
development related thereto of the following described submerged 7224
lands and tidelands belonging to the State of Mississippi in an 7225
area lying between the East Pascagoula River and Middle River, 7226
Jackson County, Mississippi, will serve a higher public interest 7227
in accordance with the purposes of this section and with the 7228
public policy of this state as set forth in Section 49-27-3, said 7229
property being more particularly described as follows: 7230
All that part of the Lowry Island Resurvey, which is bounded 7231
on the North by the L&N Railroad Track; on the East by the 7232
East Pascagoula River; on the West by Middle River; and on 7233
the South by the Mississippi Sound; and also the dredged-up 7234
Spoil Island, known as Singing River Island, lying South of 7235
the above described land and South of the launching channel 7236
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South of the lands leased to Litton Ship Systems, Inc., and 7237
lying West of the federally maintained dredged channel going 7238
from Horn Island Pass to East Pascagoula River; LESS AND 7239
EXCEPT, however, that part of said property now owned by 7240
Jackson County, Mississippi, and the State of Mississippi and 7241
leased to Litton Ship Systems, Inc. 7242
(4) Notwithstanding any provisions of law to the contrary, 7243
the county port authority of the county in which such state lands 7244
are located is hereby authorized to apply for and secure a lease 7245
for a period of not to exceed ninety-nine (99) years of such state 7246
lands as may be necessary for the development of commercial 7247
fishing, port and related industrial facilities in the aforesaid 7248
areas described in subsections (2) and (3) hereof except for the 7249
provisions of subsection (5) of this section. 7250
Application for a lease shall be made with the Secretary of 7251
State. 7252
Utilization of any and all submerged land and/or tideland 7253
shall be in such a manner so as not to obstruct normal navigation 7254
of any normal and natural channel. Title to the property shall 7255
remain vested in the State of Mississippi. 7256
All oil, gas and other minerals in, on or under said lands 7257
leased are hereby specifically reserved unto the State of 7258
Mississippi. 7259
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The county port authority is hereby authorized to sublease 7260
such lands for commercial fishing, port purposes and for 7261
industrial development related thereto. 7262
All subleases executed by the county port authority shall be 7263
on such terms and conditions, and with such safeguards, as will 7264
best promote and protect the public interest. Such subleases 7265
shall be submitted to the Secretary of State for approval. 7266
Provided, however, that each sublease shall provide that if such 7267
property is not utilized within five (5) years, or if commercial 7268
fishing, industrial or port usage ceases and such termination 7269
continues for a period of two (2) years, the sublease shall 7270
terminate and all rights thereunder shall revert to the county. 7271
However, if such nonutilization for a period of five (5) years or 7272
cessation of use for a period of two (2) years shall be caused, 7273
suspended, delayed or interrupted by act of God, fire, war, 7274
rebellion, scarcity of water, insurrection, riot, strike, scarcity 7275
of labor, differences with employees, failure of a carrier to 7276
transport or furnish facilities for transportation; or as a result 7277
of some order, rule or regulation of any federal, state, 7278
municipality or other governmental agency; or as the result of 7279
failure of the sublessee to obtain any required permit or 7280
certificate; or as the result of any cause whatsoever beyond the 7281
control of sublessee, the time of such delay or interruption shall 7282
not be counted against sublessee in determining such periods of 7283
five (5) years or two (2) years. All subleases shall be for a 7284
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fair and adequate consideration and the compensation and revenues 7285
therefrom may be retained by the state or shared with the county 7286
in a fashion approved by the Secretary of State for port purposes 7287
and industrial development. Such compensation and revenues may be 7288
pledged by the county to payment of any bonds required to be 7289
issued to finance such commercial fishing, port and industrial 7290
development, including a United States Navy home port. However, 7291
in the event bonds are issued as provided herein, upon the 7292
discharge and payment of the principal and interest of such bonds, 7293
any additional revenue generated shall be retained by the state or 7294
shared with the county for port purposes and industrial 7295
development in a fashion approved by the Secretary of State. 7296
(5) (a) Notwithstanding any provisions of law to the 7297
contrary, upon selection of Jackson County as a site for a home 7298
port for a Surface Action Group and upon review of the contract 7299
authorized in Section 1 of Chapter 812, Laws of 1985, as amended, 7300
the Secretary of State is hereby authorized to lease for a period 7301
not to exceed ninety-nine (99) years or sell if required by the 7302
United States Navy or the United States Department of Defense such 7303
state lands as may be necessary for the development by the United 7304
States Navy or the United States Department of Defense for a home 7305
port and related facilities for a naval squadron in the aforesaid 7306
area described in subsection (3) hereof. It is hereby declared 7307
that the leasing or sale to the United States Navy or the United 7308
States Department of Defense of any of the aforesaid area 7309
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described in subsection (3) hereof will provide a major stimulus 7310
to employment in Jackson County and the state and will serve a 7311
higher public interest in accordance with the purposes of this 7312
section and with the public policy as set forth in Section 7313
49-27-3, and such lease or sale may be made for nominal 7314
consideration. 7315
(i) If the subject property is to be sold to the 7316
United States Navy or to the United States Department of Defense, 7317
the instrument of conveyance, which shall be by quitclaim deed, 7318
shall include the following: 7319
1. A reservation of all oil, gas and other 7320
minerals in, on and under the subject property subject to a 7321
provision that no exploration, exploitation or development of any 7322
minerals shall be undertaken without prior written consent of the 7323
United States Navy; which consent shall not be unreasonably 7324
withheld; 7325
2. A reverter which shall be created, 7326
declared, imposed and resolved in said quitclaim deed according to 7327
the terms of which said title to the subject property shall 7328
automatically revert to the state. The reversion shall 7329
automatically occur if a. construction of the home port facilities 7330
has not commenced within two (2) years of the conveyance of the 7331
subject property or b. thereafter, if the subject property is no 7332
longer required by the Navy for a home port or related facilities 7333
and the Secretary of the Navy shall so determine and promptly 7334
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notify the State of Mississippi of said determination. In the 7335
event of said determination, the subject property as improved 7336
shall automatically revert to the State of Mississippi, and the 7337
state may pay to the United States of America the fair market 7338
value of the Navy's improvements within five (5) years from the 7339
date of reversion, less the fair market value of the state and/or 7340
county-financed facilities; however, the county financed 7341
facilities shall revert to Jackson County unless the state 7342
finances the same or unless otherwise agreed upon by Jackson 7343
County and the state. If the State of Mississippi elects not to 7344
pay to the United States of America the fair market value of the 7345
Navy's improvements within said period of five (5) years, then 7346
said property and all facilities financed by the State of 7347
Mississippi and financed by Jackson County shall automatically 7348
revert to the United States of America. 7349
(ii) If the subject property is to be leased to 7350
the United States Navy or to the United States Department of 7351
Defense, the lease agreement shall contain a termination clause 7352
which shall declare that the lease shall be rescinded if either of 7353
the conditions described in subsection (5)(a)(i)2 of this section 7354
occur. If the condition described in subsection (5)(a)(i)2b of 7355
this section occurs, the United States Navy and the United States 7356
Department of Defense shall be allowed two (2) years from the date 7357
of termination or utilization of the area leased in which to 7358
remove any improvements or facilities thereon, excluding any 7359
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county financed facilities, which shall revert to Jackson County 7360
unless otherwise agreed upon by Jackson County and the state. All 7361
references to payment for county financed facilities upon 7362
reversion shall also apply to the state if it finances the same. 7363
(b) Provided, however, if revenue bonds are to be 7364
issued by the State Bond Commission under Section 1 of Chapter 7365
500, Laws of 1985, then the lands referred to in paragraph (a) of 7366
this subsection shall not be sold to the United States Navy or to 7367
the United States Department of Defense but may only be leased and 7368
such lease may contain an option to purchase when such bonds are 7369
retired. In this case an additional clause shall be included in 7370
the lease agreement to provide that upon termination of the lease 7371
agreement prior to the retirement of all revenue bonds issued 7372
under Section 1 of Chapter 306, Laws of 1987, such payments by the 7373
United States Navy or the United States Department of Defense as 7374
are necessary to retire such revenue bonds shall become due and 7375
payable on the date of the termination of the lease. 7376
(6) This section is to be considered as supplementary and 7377
cumulative and nothing in this section shall be construed as 7378
repealing existing laws, or as repealing or amending any options, 7379
leases, deeds, contracts, agreements or legal instruments 7380
heretofore entered into by the board of supervisors of such 7381
county, the county port authority, the governing authorities of 7382
the municipality in which the port of entry is located, or the 7383
port commission. The grant of powers to the board of supervisors 7384
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of such county, the county port authority, the governing 7385
authorities of the municipality in which the port of entry is 7386
located, and the port commission, where granted herein by 7387
reference to existing statutes, shall incorporate such statutes 7388
herein seriatim, and the subsequent amendment or repeal of such 7389
statutes shall not limit or rescind the powers and authority 7390
hereby conferred unless expressly so provided in such amending or 7391
repealing statute. 7392
SECTION 172. Section 59-9-67, Mississippi Code of 1972, is 7393
brought forward as follows: 7394
59-9-67. (1) For the purposes set out in subsection (1) of 7395
Section 59-9-65, the board of supervisors of such county, acting 7396
by and through the county port authority, and with the supervision 7397
and approval of the Mississippi Agricultural and Industrial Board, 7398
shall have the power to dredge, fill in and reclaim submerged 7399
lands and tidelands belonging to the State of Mississippi; and the 7400
state land commissioner, with the approval of the Attorney General 7401
and the Governor, is hereby authorized and empowered to convey 7402
such reclaimed submerged lands and tidelands to such county and to 7403
issue the state's patent therefor, but all oil, gas and other 7404
minerals in, on or under said lands are hereby specifically 7405
reserved unto the State of Mississippi. Such county, acting 7406
through its county port authority, shall have the further power to 7407
develop and utilize such lands for any of such purposes, provided, 7408
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however, that no normal or natural channel shall be obstructed so 7409
as to interfere with the normal navigation therein. 7410
(2) The board of supervisors of such county, acting jointly 7411
with the county port authority, and with the approval of the 7412
Mississippi Agricultural and Industrial Board, shall have the 7413
power to lease such lands, for a term not in excess of ninety-nine 7414
(99) years from the date of such lease, or to sell or otherwise 7415
dispose of such land to the State of Mississippi, or to 7416
individuals, firms or corporations, public or private, for 7417
industrial operations, on such terms and conditions and with such 7418
safeguards as will best promote and protect the public interest, 7419
and they are hereby authorized to transfer possession and/or title 7420
to any part or all of such lands by deed, lease, contract, or 7421
other customary business instrument. 7422
(3) Any facilities constructed or acquired for use on such 7423
lands under the provisions of Section 59-5-11, including, but not 7424
limited to, machinery or equipment, may be leased for a term not 7425
in excess of ninety-nine (99) years from the date of such lease, 7426
or sold, or otherwise disposed of to the State of Mississippi or 7427
to individuals, firms or corporations, public or private, for 7428
industrial operations, on such terms and conditions, with such 7429
safeguards as will best promote and protect the public interest, 7430
and subject to the limitations set out in Section 59-5-11, and the 7431
board of supervisors of such county, acting jointly with the 7432
county port authority, and with the approval of the Mississippi 7433
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Agricultural and Industrial Board, is authorized to transfer 7434
possession and/or title to any part, or all of such facilities, 7435
machinery or equipment by deed, lease, contract, or other 7436
customary business instrument. 7437
SECTION 173. This act shall take effect and be in force from 7438
and after July 1, 2026. 7439