Lowndes County; establish industrial zone emergency response district.

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To: Local and Private;
Finance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Younger, Turner-Ford

SENATE BILL NO. 3409

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF LOWNDES 1
COUNTY, MISSISSIPPI, TO ESTABLISH AN INDUSTRIAL ZONE EMERGENCY 2
RESPONSE DISTRICT; TO PROVIDE FOR THE APPOINTMENT OF COMMISSIONERS 3
OF THE DISTRICT; TO SPECIFY THE POWERS AND DUTIES OF THE DISTRICT; 4
TO LEVY SPECIAL ASSESSMENTS BASED ON THE VALUE OF PROPERTY AND ON 5
THE NUMBER OF EMPLOYEES MAINTAINED BY INDUSTRIAL TAXPAYERS WITHIN 6
THE DISTRICT FOR THE PURPOSE OF PROVIDING ADEQUATE FUNDING FOR THE 7
DISTRICT; TO EXEMPT THE PROPERTY AND REVENUE OF THE DISTRICT FROM 8
ALL STATE, COUNTY AND MUNICIPAL TAXES; TO PROVIDE FOR ANNEXATIONS 9
TO THE DISTRICT; TO AUTHORIZE THE DISTRICT TO ISSUE BONDS OR OTHER 10
DEBT OBLIGATIONS; TO PROVIDE FOR DISSOLUTION OF THE DISTRICT; AND 11
FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Definitions. As used in this act the following 14
words and terms shall mean the following: 15
(a) "Annual employment" means, with respect to any 16
taxpayer, the average annual number of individuals employed by the 17
taxpayer as calculated and certified to the Lowndes County 18
Industrial Development Authority (LCIDA) in accordance with 19
Section 14 of this act. 20
(b) "County" means Lowndes County, Mississippi. 21
(c) "County board" means the board of supervisors of 22
the county. 23
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(d) "District" means any industrial zone emergency 24
response district created pursuant to this act. 25
(e) "LCIDA" means the Lowndes County Industrial 26
Development Authority. 27
(f) "Participation factor" means the product derived by 28
multiplying a taxpayer's annual employment times the total 29
assessed value of real property and improvements thereon of such 30
taxpayer on its real property located within the proposed district 31
determined and certified by the LCIDA to the county board in 32
accordance with Section 14 of this act. 33
(g) "Taxpayer" means any industrial enterprise 34
operating a business or industry within the district established 35
by this act that owns, leases or subleases real property 36
classified on the county's tax rolls as industrial use within such 37
district, and which is subject to any annual ad valorem taxation 38
and/or any fee in lieu of ad valorem taxation in the county. 39
SECTION 2. Resolution of intention to create a district. 40
(1) The county board, in its discretion, may initiate the 41
formation of an industrial zone emergency response district within 42
any part of the county situated within three and one-half (3.5) 43
miles of any boundary of the Golden Triangle Regional Airport to 44
provide fire protection services, emergency medical care and other 45
emergency response services to the taxpayers located within the 46
boundaries of the district, by adopting a resolution of intent of 47
the county board to create the district and upon presentation of a 48
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petition signed by those taxpayers in the area to comprise the 49
boundaries of the district whose collective participation factors 50
collectively comprise eighty percent (80%) or more of the total 51
participation factors for all taxpayers situated within such area, 52
as determined and certified by the LCIDA pursuant to Section 14 of 53
this act. 54
(2) Such resolution of the county board shall include the 55
following: 56
(a) A statement of the necessity for the fire 57
protection services, emergency medical care and other emergency 58
response services to be supplied by the proposed district; 59
(b) The proposed name for the district; 60
(c) The proposed boundaries of the district; 61
(d) An estimate of the cost of construction or 62
acquisition of any land, facilities, equipment and other assets to 63
be operated by the district, which estimate, however, shall not 64
serve as a limitation upon the costs of the construction or 65
acquisition of any such facilities, equipment and other assets; 66
(e) A description and estimate of the value of any 67
land, facilities, equipment or other assets which any taxpayer has 68
agreed to donate to the new district following the creation 69
thereof; 70
(f) A statement of whether or not the county shall 71
exercise the authority to levy the special taxes and assessments 72
authorized by Section 17 of this act; 73
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(g) The beginning and ending of the district's fiscal 74
year; and 75
(h) The date of a public hearing to be conducted by the 76
board on the matter. 77
A copy of the petition signed by the above-stated number of 78
taxpayers with the requisite participation factors in the area to 79
comprise the boundaries of the district shall be attached to the 80
resolution and included in the minutes of the meeting of the 81
county board during which the resolution is adopted. 82
SECTION 3. Publication of resolution. A certified copy of 83
the resolution of intent so adopted shall be published in a 84
newspaper having a general circulation within the proposed 85
district once a week for at least three (3) consecutive weeks 86
prior to the date specified in such resolution as the date upon 87
which the board will conduct a public hearing on the creation of 88
the district. The first such publication shall be made not less 89
than twenty-one (21) days prior to the hearing date specified, and 90
the last publication shall be made not more than fourteen (14) 91
days prior to such date. 92
SECTION 4. Public hearing; resolution of creation. 93
Following the public hearing on the creation of the proposed 94
district, and the consideration by the county board of any public 95
comments made during such hearing, the county board, upon a 96
determination thereof (a) that the creation of the district is in 97
the best interests of the area that will comprise the district and 98
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the county, (b) the specific area that will comprise the 99
boundaries of the district, and (c) the taxpayers situated 100
therein, the county board may adopt a resolution creating the 101
district as described in the resolution of intent. The district 102
created in accordance with this act shall constitute a political 103
subdivision of the county and the exercise by the district of its 104
powers granted by this act constitutes a proper governmental 105
function. 106
SECTION 5. Appeals. Any party having an interest in the 107
subject matter and aggrieved or prejudiced by the findings and 108
adjudication of the county board may appeal to the circuit court 109
of the county in the manner provided by law for appeals from 110
orders of the county board. However, if no such appeal be taken 111
within a period of ten (10) days from and after the date of the 112
adoption by the county board of the resolution creating the 113
district, the creation of the district shall be final and 114
conclusive and shall not thereafter be subject to challenge in any 115
court. 116
SECTION 6. Board of commissioners; appointment; terms; 117
general powers and duties. (1) During the two-year period 118
following the creation of the district, except as otherwise 119
provided in this section, the powers of each district shall be 120
vested in and exercised by a board of commissioners consisting of 121
seven (7) members to be appointed as follows: 122
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(a) An individual resident of the county appointed by 123
the LCIDA; 124
(b) Three (3) employees, whose principal place of 125
employment is in the county, of Steel Dynamics, Inc., or an 126
affiliate thereof, including, but not limited to, Steel Dynamics 127
Columbus, LLC, Aluminum Dynamics, LLC, or SDI Biocarbon Solutions, 128
LLC, appointed by Steel Dynamics, Inc.; 129
(c) Either (i) an employee, whose principal place of 130
employment is in the county, of Paccar, Inc., or an affiliate 131
thereof appointed by Paccar, Inc.; or (ii) if Paccar, Inc., does 132
not appoint an employee to serve as a commissioner, an employee, 133
whose principal place of employment is in the county, of any other 134
taxpayer or an affiliate thereof designated by the county board 135
appointed by such designated taxpayer; 136
(d) Either (i) an employee, whose principal place of 137
employment is in the county, of Airbus Helicopters, Inc., or an 138
affiliate thereof appointed by Airbus Helicopters, Inc.; or (ii) 139
if Airbus Helicopters, Inc., does not appoint an employee to serve 140
as a commissioner, an employee, whose principal place of 141
employment is in the county, of any other taxpayer or an affiliate 142
thereof designated by the county board appointed by such 143
designated taxpayer; and 144
(e) An employee, whose principal place of employment is 145
in the county, of any other taxpayer or an affiliate thereof 146
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designated by the county board appointed by such designated 147
taxpayer. 148
(2) After the initial two-year period specified in 149
subsection (1) of this section, except as otherwise provided in 150
this section, the powers of each district shall be vested in and 151
exercised by a board of commissioners consisting of seven (7) 152
members to be appointed as follows: 153
(a) An individual resident of the county appointed by 154
the LCIDA; 155
(b) An employee, whose principal place of employment is 156
in the county of the taxpayer with the fifth-greatest 157
participation factor for the prior calendar year or an affiliate 158
thereof appointed by such taxpayer; 159
(c) An employee, whose principal place of employment is 160
in the county, of the taxpayer with the fourth-greatest 161
participation factor for the prior calendar year or an affiliate 162
thereof appointed by such taxpayer; 163
(d) An employee, whose principal place of employment is 164
in the county, of the taxpayer with the third-greatest 165
participation factor for the prior calendar year or an affiliate 166
thereof appointed by such taxpayer; 167
(e) An employee, whose principal place of employment is 168
in the county, of the taxpayer with the second-greatest 169
participation factor for the prior calendar year or an affiliate 170
thereof appointed by such taxpayer; 171
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(f) An employee, whose principal place of employment is 172
in the county, of the taxpayer with the greatest participation 173
factor for the prior calendar year or an affiliate thereof 174
appointed by such taxpayer; and 175
(g) An employee, whose principal place of employment is 176
in the county, of any other taxpayer designated by the county 177
board or an affiliate thereof and appointed by such designated 178
taxpayer; provided that, to the extent that Steel Dynamics, Inc., 179
or an affiliate thereof, including, but not limited to, Steel 180
Dynamics Columbus, LLC, Aluminum Dynamics, LLC, or SDI Biocarbon 181
Solutions, LLC, donates to the district Eight Million Dollars 182
($8,000,000.00) or more in value of land, facilities, and 183
equipment or the funds sufficient for the district to acquire such 184
facilities and equipment, in either instance, for the 185
establishment of the district's operations, the individual 186
appointed to the board of commissioners pursuant to this paragraph 187
(g) shall be an individual appointed by Steel Dynamics, Inc., or 188
an affiliate thereof, including, but not limited to, Steel 189
Dynamics Columbus, LLC, Aluminum Dynamics, LLC, or SDI Biocarbon 190
Solutions, LLC, appointed by Steel Dynamics, Inc. 191
(3) As each such appointment is made by the LCIDA and each 192
of the taxpayers specified in subsections (1) and (2) of this 193
section, each of the LCIDA and each such taxpayer shall provide 194
written notice to the county board of its appointment made in 195
accordance herewith and the county board shall record such 196
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appointment in the minutes of a public meeting thereof. For 197
purposes of appointment made pursuant to subsection (2) of this 198
section, no taxpayer shall be permitted to appoint a commissioner 199
until after such taxpayer's annual employment data has been 200
reported to the LCIDA in accordance with this act and the LCIDA 201
has calculated such taxpayer's participation factor and certified 202
such calculation to the county board. 203
(4) Upon their initial appointment made pursuant to 204
subsection (2) of this section, the commissioner appointed 205
pursuant to subsection (2)(a) of this section shall be appointed 206
for a term of one (1) year; the commissioner appointed pursuant to 207
subsection (2)(b) of this section shall be appointed for a term of 208
one (1) year; the commissioner appointed pursuant to subsection 209
(2)(c) of this section shall be appointed for a term of two (2) 210
years; the commissioner appointed pursuant to subsection (2)(d) of 211
this section shall be appointed for a term of three (3) years; the 212
commissioner appointed pursuant to subsection (2)(e) of this 213
section shall be appointed for a term of four (4) years; the 214
commissioner appointed pursuant to subsection (2)(f) of this 215
section shall be appointed for a term of five (5) years; and the 216
commissioner appointed pursuant to subsection (2)(g) of this 217
section shall be appointed for a term of six (6) years; and 218
thereafter, each commissioner shall be appointed and shall hold 219
office for a term of six (6) years unless otherwise replaced in 220
accordance with this section. Any vacancy occurring on a board of 221
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commissioners shall be filled by the LCIDA or taxpayer, as 222
applicable, eligible to make such appointment in accordance with 223
this section. The LCIDA or taxpayer, as applicable, may also 224
replace any commissioner previously appointed thereby at any time 225
by giving written notice of any such replacement to the county 226
board. 227
SECTION 7. Board of commissioners; officers; seal. The 228
board of commissioners shall organize by electing one (1) of its 229
members as chairman and another as vice chairman. It shall be the 230
duty of the chairman to preside at all meetings of the board of 231
commissioners and to act as the chief executive officer of the 232
board of commissioners and of the district. The vice chairman 233
shall act in the absence or disability of the chairman. The board 234
of commissioners may appoint and fix the compensation of a 235
secretary-treasurer who may or may not be a member of the board of 236
commissioners. If so appointed, it shall be the duty of the 237
secretary-treasurer to keep all minutes and records of the board 238
and to safely keep all funds of the district. If so appointed, 239
the secretary-treasurer, if he or she is not also a commissioner, 240
shall also be required to execute a bond, payable to the district, 241
in a sum and with such security as shall be fixed and approved by 242
the board of commissioners. The terms of all officers of the 243
board of commissioners shall be for one (1) year from and after 244
the date of election. 245
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The board of commissioners shall adopt an official seal with 246
which to attest the official acts and records of the board of 247
commissioners and district. 248
SECTION 8. Board of commissioners; eligibility; bond; oath; 249
compensation. (1) Any commissioner appointed by the LCIDA shall 250
be a resident citizen of the county of good reputation, over 251
twenty-five (25) years of age and of sound mind and judgment. 252
(2) Any commissioner appointed by a taxpayer pursuant to 253
this act shall be a resident citizen of the State of Mississippi 254
of good reputation, over twenty-five (25) years of age and of 255
sound mind and judgment. 256
(3) Each individual appointed or elected as a commissioner, 257
before entering upon the discharge of the duties of the 258
individual's office, shall be required to execute a bond payable 259
to the State of Mississippi in the penal sum of not less than 260
Fifty Thousand Dollars ($50,000.00), conditioned that the 261
individual will faithfully discharge the duties of the office. 262
Each bond shall be approved by the clerk of the county board of 263
supervisors and filed with such clerk. 264
(4) Each commissioner shall take and subscribe to an oath of 265
office prescribed in Section 268, Mississippi Constitution of 266
1890, before the clerk of the county board that the individual 267
will faithfully discharge the duties of the office of 268
commissioner, which oath shall also be filed with such clerk and 269
preserved with the official bond. 270
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(5) The commissioners so appointed or elected and qualified 271
shall not be compensated for their services but shall be 272
reimbursed for all expenses necessarily incurred in the discharge 273
of their official duties in accordance with Section 25-3-41, 274
Mississippi Code of 1972; provided, however, if a commissioner is 275
appointed by the board of commissioners to serve as 276
secretary-treasurer, the board of commissioners may fix the 277
compensation for such services as secretary-treasurer in 278
accordance with Section 7 of this act. 279
SECTION 9. General powers of district. The district created 280
under this act shall have the powers enumerated in the resolution 281
of the county board creating the district but shall be limited to 282
the conducting and operating of a fire protection system, 283
emergency response system and emergency medical services; and to 284
carry out such purpose or purposes, such districts shall have the 285
power and authority to acquire, by purchase, gift or other means, 286
construct, reconstruct, improve, better, extend, consolidate, 287
maintain and operate such system or systems, and to contract with 288
any governmental agency or authority, any person or any for-profit 289
or nonprofit business enterprise or association for services 290
required incident to the operation and maintenance of such 291
systems. Any district created pursuant to this act shall be 292
vested with all the powers necessary and requisite for the 293
accomplishment of the purposes for which the district is created. 294
No enumeration of powers herein shall be construed to impair or 295
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limit any general grant of powers herein contained nor to limit 296
any such grant to a power or powers of the same class or classes 297
as those enumerated. The district is empowered to do all acts 298
necessary, proper or convenient in the exercise of the powers 299
granted under this act. 300
SECTION 10. Additional powers of the district. (1) A 301
district created under this act, acting by and through the board 302
of commissioners of the district as its governing authority, shall 303
have the following, among other, powers: 304
(a) To sue and be sued; 305
(b) To acquire by purchase, gift, devise and lease or 306
any other mode of acquisition, other than by eminent domain, hold 307
and dispose of real and personal property of every kind within or 308
without the district, including, but not limited to, emergency 309
response rolling stock such as fire trucks, rescue trucks and 310
ambulances; 311
(c) To make and enter into contracts, conveyances, 312
mortgages, deeds of trust, bonds, leases or contracts as 313
necessary, proper or convenient for the district to exercise its 314
powers granted under this act; 315
(d) To employee staff, including, but not limited to, 316
firefighters, paramedics and emergency management technicians, 317
subject to compliance with Section 41-59-1 et seq., Mississippi 318
Code of 1972, as amended, and any other applicable laws, and/or to 319
contract for employees or other personnel with one or more other 320
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public or private organizations as the board of commissioners of 321
the district, in any such instance, shall deem reasonably 322
necessary to carry out its duties and powers authorized by this 323
act; 324
(e) To contract for professional services such as 325
engineers, attorneys, accountants, auditors, consultants and such 326
other professionals as the board of commissioners of the district, 327
in any such instance, shall deem reasonably necessary to carry out 328
its duties and powers authorized by this act; 329
(f) To incur debts, to borrow money, to issue 330
negotiable bonds, and to provide for the rights of the holders 331
thereof, as set forth in this act; 332
(g) To pledge all or any part of its revenues to the 333
payment of its obligations; 334
(h) To make such covenants in connection with the 335
issuance of bonds or other debt obligations or to secure the 336
payment of bonds or other debt obligations that a private business 337
corporation can make under the general laws of the state; 338
(i) To enter into agreements with state and federal 339
agencies for loans, grants, grants-in-aid, and other forms of 340
assistance, including, but not limited to, participation in the 341
sale and purchase of bonds or other debt obligations; and 342
(j) To be deemed to have the same status as counties 343
and municipalities with respect to payment of sales taxes on 344
purchases made by the district. 345
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(2) The enumeration of any specific rights and powers 346
contained herein, and elsewhere in this act, where followed by 347
general powers, shall not be construed in a restrictive sense, but 348
rather in as broad and comprehensive a sense as possible to 349
effectuate the purposes of this act. 350
SECTION 11. Districts; power to receive and expend funds. A 351
district authorized under this act is empowered to receive funds 352
from all sources, public or private, and is authorized to expend 353
such funds as may be available for any necessary, proper or 354
convenient purpose in the exercise by the district of the powers 355
granted under this act. The county board may also, in its 356
discretion, set aside, appropriate and expend monies from any 357
source available thereto, including, but not limited to, the 358
general fund of the county, to be used for the necessary and 359
proper support and operations of the district. 360
SECTION 12. Exemption from taxation. The property and 361
revenue of a district shall be exempt from all state, county and 362
municipal taxation. Any bonds or other instruments of 363
indebtedness issued pursuant to this act and the income therefrom 364
shall be exempt from all state, county and municipal taxation, 365
except inheritance, transfer and estate taxes, and it may be so 366
stated on the face of such bonds or other instruments. 367
SECTION 13. Annexations to district. Any parcel of real 368
property located within three and one-half (3.5) miles of any 369
boundary of the Golden Triangle Regional Airport or which is 370
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otherwise contiguous with any parcel that is part of the district 371
created pursuant to this act, and in either instance which is 372
situated entirely within the county and not within the corporate 373
boundaries of any existing municipality, may be annexed to and 374
become a part of the district by either (a) the consent of the 375
person or entity that owns such parcel of real property or (b) by 376
the same procedure prescribed in Section 2 of this act for the 377
original creation of the district; provided that any public road 378
rights-of-way or any other publicly owned property may be 379
disregarded in determining whether such additional area is located 380
within such three and one-half (3.5) mile radius. Any costs 381
incident to the publication of notice and all other costs incident 382
to the hearings, election and proceedings shall be paid by the 383
county. 384
SECTION 14. Determination of taxpayers, annual employment 385
data and participation factors. (1) (a) At any time prior to 386
the creation of the district, upon written request therefor by the 387
county board or the LCIDA, the county tax assessor shall 388
additionally certify to the county board and the LCIDA (i) the 389
name and address of each taxpayer in the area proposed by the 390
county board or the LCIDA to comprise the boundaries of the 391
district, and (ii) the most recently assessed value of real 392
property located within the proposed district area for each such 393
taxpayer. 394
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(b) Following the creation of the district, the county 395
tax assessor shall annually certify to the county board and the 396
LCIDA (i) the name and address of each taxpayer in the district, 397
and (ii) the assessed value of real property and all improvements 398
thereon located within the proposed district for each such 399
taxpayer for the then-current year. Each annual certification of 400
taxpayer data shall be remitted to the county board and the LCIDA 401
by the county tax assessor no later than August 15 of each year, 402
or otherwise on or before such earlier date as necessary for the 403
county board to timely levy the taxes and special assessments 404
authorized by Sections 16 and 17 of this act. 405
(2) (a) At any time prior to the creation of the district, 406
upon written request therefor by the county board or the LCIDA, 407
each taxpayer in the area proposed by the county board or the 408
LCIDA to comprise the boundaries of the district shall certify to 409
the LCIDA on the form provided thereby, within thirty (30) days 410
following receipt of such written request, the average number of 411
individuals employed by the taxpayer during the prior twelve-month 412
period specified in such request calculated by totaling the number 413
of individuals employed by the taxpayer each month during such 414
prior twelve-month period, as reported thereby to the Mississippi 415
Department of Employment Security for each such month, divided by 416
the number of months in such twelve-month period that the taxpayer 417
reported its employment of any individuals to the Mississippi 418
Department of Employment Security. 419
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(b) Following the creation of the district, each 420
taxpayer in the district shall, no later than August 1 of each 421
year, annually certify to the LCIDA on the form provided thereby 422
the average number of individuals employed by the taxpayer during 423
the twelve-month period ending on June 30 of each year, calculated 424
by totaling the number of individuals employed by the taxpayer 425
each month during such twelve-month period, as reported thereby to 426
the Mississippi Department of Employment Security for each such 427
month, divided by the number of months in such twelve-month period 428
that the taxpayer reported its employment of any individuals to 429
the Mississippi Department of Employment Security. 430
(3) (a) Prior to the creation of the district, following 431
receipt by the LCIDA of (i) the information certified and provided 432
by the county tax assessor pursuant to subsection (1)(a) of this 433
section, and (ii) the information certified and provided by each 434
taxpayer in the area proposed by the county board or the LCIDA to 435
comprise the boundaries of the district pursuant to subsection 436
(2)(a) of this section, the LCIDA shall mathematically determine 437
each such taxpayer's participation factor and shall certify the 438
same to the county board. 439
(b) Following the creation of the district, the LCIDA 440
shall, no later than August 30 of each year, following receipt by 441
the LCIDA of (i) the information certified and provided by the 442
county tax assessor pursuant to subsection (1)(b) of this section, 443
and (ii) the information certified and provided by each taxpayer 444
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in the area proposed by the county board or the LCIDA to comprise 445
the boundaries of the district pursuant to subsection (2)(b) of 446
this section, the LCIDA shall mathematically determine each such 447
taxpayer's participation factor and shall certify the same to the 448
county board. 449
SECTION 15. Preparation of budget by the board of 450
commissioners. (1) On or before August 1 of each year, the board 451
of commissioners of the district shall prepare and file with the 452
LCIDA and the county board the district's budget of (a) estimated 453
expenditures for the support, maintenance and operation of the 454
district for the upcoming fiscal year commencing on the date 455
prescribed in the resolution of intent the board to create the 456
district, including, but not limited to, expenditures for the 457
repayment of indebtedness and interest thereon incurred by the 458
district pursuant to this act, and (b) funding of a reserve 459
account to provide sufficient funds to repair, refurbish and 460
replace facilities and equipment. Such budget shall be prepared 461
on forms prescribed and provided by the county board and shall 462
contain such information as the county board may require. 463
(2) Prior to the adoption of a budget pursuant to this 464
section, the board of commissioners of the district shall hold at 465
least one (1) public hearing to provide the taxpayers located 466
within the district with an opportunity to comment on the spending 467
plan incorporated in the proposed budget. The public hearing 468
shall be held at least one (1) week prior to the adoption of the 469
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budget with advance notice. After final adoption of the budget, a 470
synopsis of such budget in a form prescribed by the county board 471
shall be published in a newspaper having general circulation in 472
the district. 473
(3) If it should appear to the board of commissioners of the 474
district that the amounts to be received from the special tax and 475
assessments levied by the county board pursuant to Section 17 of 476
this act or any other source will be more than the amount 477
estimated in the budget filed and approved, or if it should appear 478
that such amounts shall be less than the amount estimated, the 479
board of commissioners of a district may revise the budget at any 480
time during the district's fiscal year by increasing or decreasing 481
the fund budget, in proportion to the increase or decrease in the 482
estimated amounts. If it should appear to the board of 483
commissioners of the district that some function of the budget as 484
filed is in excess of the requirement of that function and that 485
the entire amount budgeted for such function will not be needed 486
for expenditures therefor during the district's fiscal year, the 487
board of commissioners of a district may transfer resources to and 488
from functions and funds within the budget when and where needed; 489
however, no such transfer shall be made for a purpose which is not 490
authorized by law. No revision of any budget under the provisions 491
hereof shall be made which will permit a fund expenditure in 492
excess of the resources available for such purpose. The revised 493
portions of the budgets shall be incorporated in the minutes of 494
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the board of commissioners of the district by spreading them on 495
the meeting minutes thereof or by attaching them as an addendum to 496
such minutes. 497
(4) Any year-over-year increase in the annual budget of the 498
district adopted by the board of commissioners pursuant to 499
subsection (1) of this section shall be subject to the following 500
voting requirements: 501
(a) Any annual budget increase of four percent (4%) or 502
less shall require the approval of more than fifty percent (50%) 503
of those commissioners present and voting on the budget; 504
(b) Any annual budget increase of more than four 505
percent (4%) but not more than seven percent (7%) shall require 506
the approval of no fewer than five (5) commissioners; 507
(c) Any annual budget increase of more than seven 508
percent (7%) but not more than ten percent (10%) shall require the 509
approval of no fewer than six (6) commissioners; and 510
(d) Any annual budget increase of more than ten percent 511
(10%) shall require the approval of all of the commissioners. 512
SECTION 16. Calculation of special tax levy and assessments. 513
The board of commissioners of the district shall annually submit 514
to the county board a certified copy of an order adopted by the 515
board of commissioners of a district requesting an ad valorem tax 516
levy and special assessment levy in dollars for the support of the 517
district. The copy of the order shall be submitted by the board 518
of commissioners of the district at the same time the district's 519
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budget is submitted to the county board pursuant to Section 15 of 520
this act. Upon receipt of the order of the board of commissioners 521
requesting the ad valorem tax and special assessment levy in 522
dollars, (a) the county shall determine, based on the assessed 523
value of real property and improvements thereon located within the 524
proposed district for each taxpayer therein (as certified by the 525
county tax assessor pursuant to Section 14 of this act), the 526
millage rate applicable to the assessed values of real property 527
and improvements thereon located within the district necessary to 528
generate funds equal one-half (1/2) of the dollar amount requested 529
by the board of commissioners; and (b) based on the annual 530
employment data for each taxpayer in the district, as certified 531
and submitted to the county board by the LCIDA pursuant to Section 532
14 of this act, the per-employee special assessment applicable to 533
and payable by each taxpayer calculated on its reported annual 534
average employment necessary to generate funds equal to the 535
remaining one-half (1/2) of the dollar amount requested by the 536
board of commissioners. 537
SECTION 17. Ad valorem tax levies and special assessments. 538
The county board shall annually, by a resolution spread upon the 539
meeting minutes thereof, levy (a) the special ad valorem tax 540
calculated pursuant to Section 16 of this act on all of the real 541
property and improvements in the district, and (b) the 542
per-employee special assessment calculated pursuant to Section 14 543
of this act applicable to payable by each taxpayer calculated on 544
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its reported annual average employment, the aggregate avails of 545
which shall be paid over to the board of commissioners of the 546
district to be used either for the operation, support and 547
maintenance of the district, for the retirement of any bonds 548
issued or other indebtedness incurred by the district, or for 549
both. The per-employee special assessment shall be levied by the 550
county board at the same time as the special ad valorem tax on all 551
of the real property and improvements in the district, and the 552
payment of special ad valorem tax and the per-employee special 553
assessment by each taxpayer shall be due at the same as the 554
payment of ordinary county ad valorem taxes in the county. 555
All federal, state or local governmental entities, including, 556
but not limited to, the county, the LCIDA and any other political 557
subdivision of the federal government or of any state or local 558
government shall be exempt from any special ad valorem tax or 559
per-employee special levy authorized by this act notwithstanding 560
the fact that any property owned, leased or otherwise occupied 561
thereby is located within the district. Any real property parcels 562
located within the district and classified by the county tax 563
assessor on the county tax rolls as any use other than industrial 564
use, and the owner, lessor or occupant thereof, shall also be 565
exempt from any special ad valorem tax or per-employee special 566
levy authorized by this act notwithstanding the fact that such 567
property is located within the district. If any such parcel that 568
is exempt from any special ad valorem tax or per-employee special 569
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levy authorized by this act cease to be owned, leased or otherwise 570
occupied by an exempt governmental entity or political subdivision 571
thereof, or if such parcel is reclassified by the county tax 572
assessor as industrial use, such parcel shall become subject to 573
the special ad valorem tax and, if applicable, the per-employee 574
special levy authorized by this act. 575
SECTION 18. Issuance of bonds or other debt obligations for 576
certain facilities and equipment. The board of commissioners may, 577
in its discretion, by the concurrence of two-thirds (2/3) of its 578
authorized members present and voting and for good cause shown 579
therefor, to be spread upon its minutes by way of its resolution 580
or order, and with the consent of the county board evidenced by 581
the adoption of a resolution thereby spread upon its minutes, 582
issue bonds or incur other debt obligations to provide funds for 583
the construction, installation and/or repair of real property 584
improvements and fixtures and/or the acquisition or repair of 585
rolling stock (e.g., fire trucks and emergency response vehicles) 586
and/or any other equipment or other personal property required or 587
incidental to the exercise by the district of its authority as 588
provided in this act. 589
Such bond or other debt obligations may be repaid from the 590
general fund of the district, whether the same shall have been 591
derived from ad valorem tax receipts and/or other anticipated 592
revenues from any sources, including, but not limited to, the 593
per-employee special assessment authorized by this act, and may be 594
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further secured by a pledge of the avails of such levies. Such 595
bonds or other debt obligations shall bear such date or dates, 596
mature at such time or times, not exceeding twenty (20) years from 597
their respective dates, be in such denomination, be in such form, 598
either coupon or registered, carry such registration privileges, 599
be executed in such a manner, be payable in such medium of 600
payment, at such place or places, and be subject to such terms of 601
prior redemption, with or without premium, as such resolution or 602
resolutions of the requisite number of members of the board of 603
commissioners may provide, and subject to the further approval of 604
the county board, evidenced by a duly adopted resolution thereof 605
spread upon its minutes. Such bonds or other debt instruments 606
shall not bear a greater overall maximum interest rate to maturity 607
than that allowed in Section 75-17-103, Mississippi Code of 1972. 608
All interest accruing on such bonds or other debt instruments so 609
issued shall be payable monthly, semiannually or annually, as 610
determined by the board of commissioners, except that the first 611
interest coupon attached to any such bond or debt instrument may 612
be for any period not exceeding one (1) year. 613
Such bonds or other debt obligations shall be executed by the 614
manual or facsimile signatures of the chairman of the board of 615
commissioners and either the vice chairman or secretary-treasurer 616
of the board of commissioners, with the seal of the district 617
affixed thereto. The coupons, if any, may bear only the facsimile 618
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signatures of the chairman and vice chairman or 619
secretary-treasurer. 620
Such bonds or other debt obligations may be sold at public or 621
private sale for such price or prices as the board of 622
commissioners shall determine. 623
The books of account and other sources of information 624
pertaining to duties under this act shall be and shall remain at 625
all times open to inspection and subject to audit by the holder or 626
holders of any bonds or other obligations issued pursuant to this 627
act. 628
SECTION 19. Borrowing in anticipation of ad valorem taxes 629
and/or other anticipated revenues from local sources. The board 630
of commissioners of the district shall have the power and 631
authority to borrow money for the current expenses of the district 632
in anticipation of the ad valorem taxes and/or other anticipated 633
revenues from any sources, including, but not limited to, the per 634
employee special assessment authorized by this act, to be 635
collected for the then-current fiscal year of the district. The 636
board of commissioners may borrow such money, as hereinbefore 637
provided, from any available fund in the county treasury, subject 638
to the approval of such loan by the county board by resolution 639
spread upon the minutes thereof, or in the alternative, the board 640
of commissioners may borrow such money, as hereinbefore provided, 641
from any other source, and such loan shall be repaid in the manner 642
herein provided. The money so borrowed shall bear interest at a 643
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rate not greater than that allowed in Section 75-17-105, 644
Mississippi Code of 1972, and shall be repaid not later than the 645
following April 1, out of the first monies collected by reason of 646
the special ad valorem tax and special assessment levy in 647
anticipation of which such money is borrowed, and such money shall 648
be used for no other purpose than the payment of the current 649
expenses of such district. The amount borrowed under this section 650
shall in no event exceed fifty percent (50%) of the anticipated, 651
but then uncollected, revenue to be produced by the then-current 652
special ad valorem tax and special assessment levy, or levies, 653
against which such money is borrowed. In borrowing money under 654
the provisions hereof, it shall not be necessary to publish notice 655
of intention so to do or to secure the consent of any taxpayers. 656
Such borrowing may be authorized by resolution of the board of 657
commissioners and may be evidenced by a negotiable note, or notes, 658
signed and executed in such form as may be prescribed in such 659
resolution. Money may be borrowed in anticipation of the ad 660
valorem taxes and/or other anticipated revenues from local 661
sources, including, but not limited to, the per-employee special 662
assessment authorized by this act, regardless of whether or not 663
such borrowing shall create an indebtedness in excess of any 664
statutory limitations. 665
Money may likewise be borrowed by the board of commissioners, 666
as herein provided, for the purpose of paying current interest 667
maturities on any indebtedness of the district in anticipation of 668
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the collection of special ad valorem taxes and/or other 669
anticipated revenues from local sources for the retirement of such 670
indebtedness and the payment of any interest thereon. 671
SECTION 20. Issuance of promissory notes in event of 672
shortfall in special tax levy and/or special assessment. During 673
any fiscal year of the district, if the actual amount of the ad 674
valorem taxes or other anticipated revenue from local sources, 675
including, but not limited to, the per employee special assessment 676
authorized by this act, to be collected is less than the amount 677
estimated at the time of formulation of the district's budget for 678
the fiscal year due to circumstances which were unanticipated at 679
the time of formulation of the budget and the levy of the special 680
tax and assessment, and which will prevent the district from 681
meeting its financial obligations may, the district may issue 682
promissory notes in an amount equal to the estimated shortfall of 683
ad valorem taxes and/or other revenues from local sources but in 684
no event to exceed twenty-five percent (25%) of its budget 685
anticipated to be funded from the sources of the shortfall for the 686
fiscal year. 687
The proceeds of such notes shall be used in the budget or 688
budgets in which the shortfall occurred and shall be used solely 689
to offset the shortfall in such budgets for the fiscal year. The 690
rate of interest paid thereon shall not exceed that amount set 691
forth in Section 75-17-105, Mississippi Code of 1972. The 692
indebtedness shall be repaid in full, including interest thereon, 693
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in equal installments, during the three (3) fiscal years next 694
succeeding the fiscal year in which the notes were issued. For 695
the payment of such indebtedness during each of the three (3) 696
fiscal years, the county board shall, at any meeting at which ad 697
valorem taxes are lawfully levied thereby, levy (a) a special ad 698
valorem tax calculated pursuant to Section 16 of this act on all 699
of the real property and improvements in the district in an amount 700
sufficient to pay one-half (1/2) of the outstanding indebtedness, 701
including interest, in such fiscal year, and (b) a per-employee 702
special assessment calculated pursuant to Section 16 of this act 703
applicable to and payable by each taxpayer calculated on its 704
reported annual average employment sufficient to pay the remaining 705
one-half (1/2) of the outstanding indebtedness, including 706
interest, in such fiscal year. 707
SECTION 21. Dissolution of district. Following the creation 708
of the district, the district may be dissolved effective at the 709
end of any fiscal year thereof by (a) the concurrence of at least 710
six (6) or more of the commissioners, as evidenced by a duly 711
adopted resolution thereof spread upon its minutes, and (b) the 712
concurrence by the county board, as evidenced by a duly adopted 713
resolution thereof spread upon its minutes. Upon or prior to any 714
such dissolution, the board of commissioners shall be responsible 715
for disposition of all of the assets of the district, which may be 716
disposed of in any manner authorized by law; provided, however, 717
that the district may convey at no cost to the county or any other 718
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ST: Lowndes County; establish industrial zone
emergency response district.
political subdivision thereof, any or all of the assets of the 719
district to the county or any other political subdivision thereof. 720
Any funds of the district remaining in any account thereof upon 721
the final dissolution of the district shall be remitted and 722
transferred to the general fund of the county. Notwithstanding 723
the foregoing, in the event that the board of commissioners or a 724
sufficient quorum thereof is unable or unwilling to perform its 725
dissolution obligations set forth in this section, the county 726
board shall be authorized, upon making such finding in a 727
resolution spread upon its minutes, to carry out such dissolution 728
obligations on behalf of the district. 729
SECTION 22. Supplemental powers. The powers conferred by 730
this act shall be in addition and supplemental to the powers 731
conferred by any other law. 732
SECTION 23. This act shall take effect and be in force from 733
and after its passage. 734