§ 59-1-1. Creation of port commission; composition and jurisdiction of commission generally.

Any city in the State of Mississippi having a seaport or harbor therein designated as a port of entry by the United States government shall have a harbor commission, to be known as a port commission, and same shall be composed of five resident citizens of such city, who shall be qualified electors therein, three of whom shall be skilled and experienced in maritime affairs. Said commission shall have jurisdiction over the port and terminals and harbor and passes leading thereto, and all vessels, boats and wharves, common carriers and public utilities therein, using the same, within their respective cities. In the cities of Natchez, Vicksburg and Greenville, the mayor and board of commissioners, or mayor and board of aldermen of such cities shall be the port commissioners of their respective harbors.

HISTORY: Codes, 1930, § 4849; 1942, § 7546.

§ 59-1-3. Appointment, oath, bond, and terms of office of members of commission.

The port commission provided for in Section 59-1-1 shall be appointed as follows: one (1) shall be appointed by the Governor who shall be skilled and experienced in maritime affairs; one (1) shall be appointed by the board of supervisors of the county in which such port of entry is located, who shall be skilled and experienced in maritime affairs, and three (3) shall be appointed by the mayor and board of aldermen or mayor and board of commissioners of the city where such port of entry is located, one (1) of whom shall be skilled and experienced in maritime affairs. Before entering upon the duties of the office, each of said commissioners shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi, and shall give bond to be approved by the clerk of the city in which the port of entry is located, in a sum not less than Fifty Thousand Dollars ($50,000.00), conditioned upon the faithful performance of their duties. Said bond shall be made payable to the city in which the port of entry is located, and in case of breach thereof, suit may be brought on the relation of the city for the benefit of said commission. The commissioners shall hold office for a term of four (4) years from the day of their appointment and qualification, and until their successor or successors shall be appointed and qualify as set out herein.

HISTORY: Codes, 1930, § 4850; 1942, § 7547; Laws, 2009, ch. 467, § 21, eff from and after July 1, 2009.

§ 59-1-5. Compensation of members of commission.

Each member of any port commission created under the provisions of this chapter, operating in a county bounded by the Gulf of Mexico shall receive as compensation twenty-two dollars and fifty cents ($22.50) per day while engaged in attendance upon meetings of the commission, or engaged in other duties of the commission, not to exceed sixty (60) days in any one (1) year, and shall receive their actual traveling expenses, to be audited and allowed by the commission.

HISTORY: Codes, 1942, § 7557; Laws, 1936, 2nd Ex. Sess. ch. 25; Laws, 1973, ch. 344, § 1, eff from and after passage (approved March 21, 1973).

§ 59-1-7. Meetings; officers.

When the port commissioners shall have been appointed and shall be qualified as set out in this chapter, they shall meet at the regular place for the meetings of the mayor and board of aldermen, or mayor and board of commissioners, of the municipality, after giving at least ten days notice of the time and place of such meeting by publication in a newspaper published in such city, and they shall elect a president and secretary, who shall be members of the commission.

HISTORY: Codes, 1930, § 4851; 1942, § 7548.

§ 59-1-9. General powers and duties of commission; commission may enter into joint venture for construction and operation of facilities under jurisdiction of commission.

It shall be the duty of the commission to keep a minute book in which shall be recorded all of their acts, orders, rules and regulations. It shall be the duty of said commission to adopt rules and regulations not inconsistent with law to govern their official acts. The commissioners are hereby empowered and authorized to act as port wardens and pilot commissioners, and to perform any and all duties pertaining to such within their respective municipalities. It shall be the duty of the commission to make and publish all needful rules and regulations to govern the harbor, docks and passes within their respective jurisdictions, and to fix and prescribe tariffs, fees, fines, penalties and forfeitures for the violations of the rules and regulations of said commission, and said commission shall have the power to fix and determine all port and terminal charges, and they may enforce the collection thereof through any court of competent jurisdiction in this state. This section shall not apply to public utilities nor to railroad terminal charges covered by or carried in approved tariffs authorized by the Interstate Commerce Commission nor to lawful railroad operation and activities.

It shall be the duty of the port commissioners within their respective jurisdictions to see that all port positions, such as harbormaster, pilots, boatmen, stevedores, surveyors, watchmen, police, ship chandlers, ship agents and such other persons performing services for the public shipping, carry out their duties in a manner that is not detrimental to the port and shall not be unduly burdensome to the public shipping.

It shall be the duty of the commissioners to appoint annually a sufficient number of pilots, and all agents and factors necessary for the protection of the harbor and the advancement of public shipping, except that pilots shall be appointed for a term of four (4) years, and before any person shall be appointed a pilot, harbormaster, boatman, stevedore, surveyor, watchman, police, ship chandler or ship agent, his qualifications for the same shall be passed upon by said port commissioners. After satisfying themselves that any applicant for the position of pilot, harbormaster, boatman, stevedore, surveyor, watchman, police, ship chandler or ship agent is competent and well qualified to perform the duties of such position and his services are required for the protection of the harbor and the advancement of public shipping, the port commissioners shall issue a license to such applicant, provided and upon condition that such applicant shall enter into a good and sufficient bond in an amount in each case to be determined by the commissioners, the bond to be entered into not to exceed the sum of Five Thousand Dollars ($5,000.00), said bond to be payable to the city of the port of entry, conditioned according to law for the faithful performance of his duties, and in case of breach thereof, suit may be brought thereon in the name of the city for the benefit of said port commissioners. The port commissioners shall have the right to revoke any such license for neglect of duty, incompetency, inefficiency, physical disability or for any act or acts detrimental to the interests of the port. Additional pilots may be examined and licensed when in the opinion of said port commissioners the services of same are required for the protection of the harbor and the advancement of public shipping.

In addition to the general powers and duties of a port commission, a port commission may enter into joint ventures or community alliances with private entities or other port commissions or development commissions to construct and operate any facilities under the jurisdiction of such commissions.

HISTORY: Codes, 1930, § 4852; 1942, § 7549; Laws, 1984, ch. 493, § 1; Laws, 2001, ch. 327, § 2, eff from and after July 1, 2001.

§ 59-1-11. Additional powers of port commission.

In addition to the power and authority conferred in Section 59-1-1, the port commission and mayor and board of commissioners of the port of entry, acting jointly only, may in their discretion negotiate a contract or contracts for any and all repairs or any part thereof affecting the reconstruction, repair or maintenance of any pier, dock, warehouse, grain elevator, bulk loading plant, sheds or any other property at the port of entry under the jurisdiction of said port commission and city, under terms and conditions as both bodies may deem best and economical to the city wherein the port of entry is located.

The port commission is given full power and authority to employ engineers, attorneys and other professional and technical help in or about the operation, development and advancement of said port, and to pay reasonable compensation therefor. Such employment and compensation therefor to be approved by the mayor and board of commissioners of the port of entry.

HISTORY: Codes, 1942, § 7549.5; Laws, 1948, ch. 391.

§ 59-1-13. Construction of Sections 59-1-13 through 59-1-25 generally.

Being for the purpose of relieving unemployment and promoting industrial development and the development of fisheries, commerce and shipping in the state, Sections 59-1-13 through 59-1-25 shall be construed as granting additional authority to the several port commissions of the State of Mississippi, and the same shall not repeal or impair any existing law.

HISTORY: Codes, 1942, § 7549.7-08; Laws, 1950, ch. 450, § 8.

§ 59-1-15. Definition of “industrial operations.”

The term “industrial operations” as used in Sections 59-1-13 through 59-1-25 shall include but not be limited to any and all enterprises the operation of which will aid in the development of fisheries, commerce, navigation or shipping in the port, as well as all forms of manufacturing enterprises.

HISTORY: Codes, 1942, § 7549.7-04; Laws, 1950, ch. 450, § 4.

§ 59-1-17. Jurisdiction of commission; reclamation, use and disposition of lands subject to commission jurisdiction generally; leasing and subleasing of certain submerged lands and tidelands owned by state.

1. The several port commissions in the State of Mississippi are each hereby vested with full jurisdiction and control of any and all lands lying within, or adjacent to, any river, bay or natural lake which are now, or heretofore were, below the mean high tide mark, and which lands lie within or adjacent to any port or harbor within the jurisdiction of such port commission, and as to which lands the claims of private persons or private corporations have been, or hereinafter are, acquired by such port commission, or by the city for its benefit, by purchase, lease, conveyance or eminent domain proceedings. Any such port commission is hereby authorized to reclaim any and all such lands, by filling, dredging or other methods and to utilize, lease or dispose of same for the development and operation of the port to the same extent it is now, or may hereinafter be, authorized to utilize its other facilities.
2. It is hereby declared that the leasing or use for commercial purposes, port purposes and for industrial development related thereto of the following described submerged lands and tidelands belonging to the State of Mississippi in an area lying between the East Pascagoula River and the West Pascagoula River, Jackson County, Mississippi, will serve a higher public interest in accordance with the purposes of this section and with the public policy of this state as set forth in Section 49-27-3, said property being more particularly described as follows:

   All that part of the Lowry Island Resurvey, which is bounded on the South by the L&N (now CSX) Railroad Track; on the East by the East Pascagoula River; on the West by the West Pascagoula River; and on the North by the North corporate limits of the City of Pascagoula and the South corporate limits of the City of Moss Point, LESS AND EXCEPT, however, that part of said property now owned by any private corporations.

3. The governing authority of the city in which such state lands are located is hereby authorized to apply for and secure a lease in accordance with Section 29-1-107, except for a period of not to exceed forty (40) years, of such state lands as may be necessary for the development for commercial purposes, port purposes and related industrial facilities in the aforesaid areas described in subsection (2) hereof.

   Application for a lease shall be made with the Secretary of State.

   Utilization of any and all submerged land and/or tideland shall be in such a manner so as not to obstruct normal navigation of any normal and natural channel. Title to the property shall remain vested in the State of Mississippi.

   All oil, gas and other minerals in, on or under said lands leased are hereby specifically reserved unto the State of Mississippi.

   The city governing authority is hereby authorized to sublease such lands for commercial purposes, port purposes and for industrial development related thereto.

   All subleases executed by the city governing authority shall be on such terms and conditions, and with such safeguards, as will best promote and protect the public interest. Such subleases shall be submitted to the Secretary of State for approval. Each sublease shall provide that if such property is not utilized within five (5) years, or if commercial, port or industrial usage ceases and such termination continues for a period of two (2) years, the sublease shall terminate and all rights thereunder shall revert to the city. If such nonutilization for a period of five (5) years or cessation of use for a period of two (2) years shall be caused, suspended, delayed or interrupted by act of God, fire, war, rebellion, scarcity of water, insurrection, riot, strike, scarcity of labor, differences with employees, failure of a carrier to transport or furnish facilities for transportation; or as a result of some order, rule or regulation of any federal, state, municipality or other governmental agency; or as the result of failure of the sublessee to obtain any required permit or certificate; or as the result of any cause whatsoever beyond the control of sublessee, the time of such delay or interruption shall not be counted against the sublessee in determining such period of five (5) years or two (2) years. All subleases shall be for a fair and adequate consideration and the compensation and revenues therefrom shall be retained by the state.

4. 1. It is further declared that it will serve a higher public interest in accordance with the purposes of this section and with the public policy of the state as set forth in Section 49-27-3 for the following parcels of the Lowry Island Resurvey to be subleased for the purpose of developing multiunit residential structures, height not exceeding fifty (50) feet, that are an integral part of a public marina: (i) that parcel consisting of existing filled tidelands or fastlands lying immediately adjacent to the East Pascagoula River and north right-of-way boundary of U.S. Highway 90; and (ii) that parcel consisting of existing filled tidelands or fastlands lying immediately adjacent to the West Pascagoula River and north right-of-way boundary of U.S. Highway 90.
   2. The governing authority of the city in which are located the parcels described in this subsection may sublease such parcels for such residential development upon the same terms and conditions prescribed in subsection (3).
5. This section is to be considered as supplementary and cumulative and nothing in this section shall be construed as repealing or amending any options, leases, deeds, contracts, agreements or legal instruments heretofore entered into by the governing authorities of the municipality in which the port of entry is located, or the port commission.

HISTORY: Codes, 1942, § 7549.7-01; Laws, 1950, ch. 450, § 1; Laws, 1988, ch. 336; Laws, 2008, ch. 460, § 1, eff from and after July 1, 2008.

§ 59-1-19. Sale, lease or other disposition of land not used for port purposes.

In the event any part of lands as are described in Section 59-1-17 are not used for port purposes, and navigation and commerce will not be impeded thereby, such port commission may sell, lease or otherwise dispose of same to individuals, firms or corporations, public or private, for industrial use, on such terms and conditions and with such safeguard as will best promote and protect the public interest, and they are hereby authorized to transfer title or possession to any part or all of such lands by special warranty deed, lease, contract, or other customary business instrument; however, no such lease shall be executed for a term in excess of ninety-nine years from its date, and before execution of same any such conveyance, lease, contract or other disposition shall be authorized by the affirmative vote of at least two-thirds of the membership of such port commission by order or resolution entered on its minutes, which order or resolution shall set forth the substantial terms of such conveyance, lease, contract, or other disposition. In the event title to any such land under the jurisdiction of the port commission is in the name of the city, no such transaction shall be consummated until and unless the same be authorized by proper resolution of the port commission and of the city, in which event the city shall join the port commission in the execution of any such instrument.

HISTORY: Codes, 1942, § 7549.7-02; Laws, 1950, ch. 450, § 2.

§ 59-1-21. Terms and conditions of conveyances, contracts, leases, etc.

Any such conveyance, contract, lease or other disposition authorized by Section 59-1-19 of any or all such lands described in Section 59-1-17 may be made upon such terms and conditions and for such consideration as may be found to be adequate by the port commission, and approved by the city, in orders or resolutions authorizing same, and the covenants and obligations of the lessee or grantee to make expenditures in determined amounts, and within such time or times, for improvements to be erected on the land, by such lessee or grantee, and to conduct thereon industrial operations in such aggregate payroll amounts and for such period of time or times as may be determined and defined in such lease, deed or other disposition, shall constitute and be deemed sufficient consideration for the execution of any such conveyance, lease, contract or other disposition. Any such instrument shall, however, contain reasonable provisions for the termination of the lease or revision of title to the land, but, unless otherwise agreed to, not the improvements of grantee or lessee, in the event of default on the part of the lessee or grantee of his or its obligations or covenants under any such agreement.

HISTORY: Codes, 1942, § 7549.7-03; Laws, 1950, ch. 450, § 3.

§ 59-1-23. Assistance of municipalities in establishing industries.

In lieu of exercising the authority herein granted, a port commission may cooperate and assist any authorized municipality, as defined in Sections 57-1-1 through 57-1-51, Mississippi Code of 1972, to which a certificate of public convenience and necessity has been issued under such sections, in the establishment of an industry or industries by such municipality, and may for such purpose or purposes, convey or lease any or all such lands to any such municipality, or join such municipality in the execution of a contract, lease, conveyance or other disposition for the operation of the industry, but any such disposition shall be subject to termination or revision of title in the event of abandonment of the industry, non-compliance with its terms, or non-user for the purposes for which same is made.

HISTORY: Codes, 1942, § 7549.7-05; Laws, 1950, ch. 450, § 5.

§ 59-1-25. Reservation of oil, gas and minerals in sale, lease or other disposition of lands.

Any sale, lease or other disposition made under Sections 59-1-13 through 59-1-25 shall except all oil, gas and other minerals, except sand, clay and gravel on, in and under the land, and shall reserve to the owner thereof the right to develop and produce same in such manner as will not injure or endanger the improvements of the lessee or grantee placed on the land after the execution of such lease, conveyance or other disposition.

HISTORY: Codes, 1942, § 7549.7-06; Laws, 1950, ch. 450, § 6.

§ 59-1-27. Port director.

The port commission is hereby authorized, in its discretion, to employ a port director. It shall be the duty of said port director to solicit business for the port, investigate railroad and ocean rates for the protection of the general public in using said port. The salary of the port director shall be fixed by the commissioners with the approval of the mayor and board of aldermen, or the mayor and board of commissioners, and shall be paid from funds derived under the provisions of this chapter, or from the general funds or special funds raised for such purpose in the city treasury; such port commission may, in its discretion, select from its membership a competent person to serve in the capacity of port director, in which case the salary paid such member for services rendered as port director shall not be subject to the restrictions fixed in Section 59-1-5.

HISTORY: Codes, 1930, § 4853; 1942, § 7550; Laws, 1940, ch. 314.

§ 59-1-29. Appropriation of funds for use of port commission by municipal authorities.

The mayor and board of aldermen or the mayor and board of commissioners of a municipality having a port of entry as herein defined are hereby authorized and empowered in their discretion to appropriate money for the use and benefit of the port commission to be expended under the direction of the port commission with the approval of said municipal authorities.

HISTORY: Codes, 1930, § 4856; 1942, § 7553.

§ 59-1-31. Appropriation of funds for use of port commission by county governing authorities.

The board of supervisors of a county having a port of entry as herein defined is hereby authorized and empowered in its discretion to appropriate money for the use and benefit of the port to be expended under the direction of the port commissioners with the approval of said board of supervisors.

HISTORY: Codes, 1930, § 4857; 1942, § 7554.

§ 59-1-33. County membership in rivers and harbors association.

The board of supervisors of the various counties are hereby authorized, in their discretion, to join on behalf of their respective counties the rivers and harbors association of Mississippi, and to pay from the general fund of the county membership dues of the association. The payment of membership dues shall entitle the county to all of the rights and privileges of membership and the county shall not be liable for any additional dues or assessments. After a county has joined the association, it may terminate its membership by formal resolution or failure to pay membership dues.

HISTORY: Codes, 1942, § 7557.5; Laws, 1959, Ex. Sess. ch. 37.

§ 59-1-35. Affiliation with rivers and harbors association by cities and other political subdivisions or agencies.

All city, county, district and state ports, harbors and waterway systems and any other agency, department or political subdivision, including municipalities and boards of supervisors, may, in their discretion, become affiliated with, support and pay dues to the rivers and harbors association of Mississippi.

HISTORY: Codes, 1942, § 7557.6; Laws, 1970, ch. 411, § 1, eff from and after passage (approved March 26, 1970).

§ 59-1-37. Acquisition of land for industrial purposes or port and terminal facilities by certain cities and counties.

1. Any city or cities situated in any county bordering on the Mississippi River and/or any such county, acting alone or jointly with any said city or cities, is and/or are hereby authorized and empowered, acting through its or their governing authorities, to acquire by purchase or otherwise, and to sell, lease or otherwise dispose of land situated in such county, either within or outside the corporate limits of such city or cities, for industrial purposes, or for river port and port facilities, for terminal and terminal facilities, and for landing and landing facilities, for storage and transportation of freight and passengers on the waters of the Mississippi River.
2. For the purposes aforesaid, the said city or cities and/or county, acting alone or jointly, is and/or are authorized and empowered to borrow money and issue bonds, certificates of indebtedness, or notes as security therefor, in such form and amounts, and bearing such interest, not to exceed six per cent (6%) per annum, and maturities as may be determined by the governing authorities thereof, and to levy ad valorem taxes for payment of the principal and interest thereon.
3. The said city or cities and/or county may pay for any property purchased under authority of this section from the general funds of the city or cities and/or county and/or the proceeds from the sale of any bonds, certificates of indebtedness, or notes issued for such purposes by the city, cities or county.
4. The bonds, certificates of indebtedness, or notes provided for herein may be issued under and in the same manner, notice and conditions as is provided by any law authorizing said city or cities or county to issue the general full faith and credit bonds, or other evidences of indebtedness of said city or cities or county, and shall not be included in any limitation now imposed by law but may be in addition thereto.
5. The land which may be purchased under authority hereof by any said city or cities, whether acting alone or jointly with said county, and situated outside of the corporate limits of said city or cities shall be located not more than seven miles from the line of the corporate limits of the city nearest thereto.
6. Said city or cities or county, through its or their governing authorities, is and/or are hereby authorized and empowered to do and perform all acts and things necessary for the purposes hereof.
7. This section shall be considered and is an alternative plan and authority supplemental to and in addition to any other law in effect dealing with and pertaining to the subject matter and provisions hereof, and shall not amend or repeal any existing law, but as aforesaid shall be and is an alternative plan and authority applicable to any city or cities within the class as herein provided for.

HISTORY: Codes, 1942, § 7557.8; Laws, 1964, ch. 500, §§ 1-8; Laws, 1964, ch. 282, §§ 1-7, eff from and after passage (approved April 23, 1964).

§ 59-1-39. Licensing of harbor masters, pilots, stevedores, etc.

Contracting stevedores shall pay a privilege license not to exceed five hundred dollars ($500.00) per year, the amount within this limit, to be fixed and determined by the port commissioners, and the same shall be paid to the port commission or port authority to be used for port expenses and maintenance as directed by the port commissioner or port authority. Harbor masters, pilots, boatmen, stevedores, surveyors, watchmen, police, ship agents, ship chandlers and such other persons performing services for the public shipping as the port commissioners may require, shall pay annually such license or permit fee as may be prescribed and required by the port commissioners not to exceed fifty dollars ($50.00). The fees for piloting, inward and outward, shall be so fixed as not to be unduly burdensome on shipping. The piloting fees for boarding vessels on arrival, for docking and for each shift or move thereafter shall be determined and fixed by the port commissioners as may from time to time be considered reasonable and proper under existing conditions.

It shall be unlawful for any person or persons, to act as harbor master, pilot, boatman, stevedore, surveyor, watchman, ship agent, ship chandler or in any other capacity as the port commissioners may designate, without first being duly licensed and qualified as set out in this section, or without having been issued a permit that such service is necessary for the protection of the harbor or advancement of public shipping.

It shall be unlawful for any vessel, firm or corporation to employ a harbor master, pilot, boatman, stevedore, surveyor, watchman, police, ship agent, ship chandler or any other such person until such person shall have been first duly licensed and qualified as provided in this section.

HISTORY: Codes, 1930, § 4854; 1942, § 7551; Laws, 1948, ch. 381, § 1; Laws, 1968, ch. 579, § 1; Laws, 1984, ch. 493, § 2, eff from and after passage (approved May 15, 1984).

§ 59-1-41. Compulsory pilotage.

It shall be unlawful for any vessel of over 250 tons net registered tonnage to enter the harbors or passes leading thereto without being piloted and under the direction of a licensed pilot, and all vessels shall be subject to compulsory pilotage except American vessels laden with coast-wise cargo not destined for foreign ports.

HISTORY: Codes, 1930, § 4858; 1942, § 7555.

§ 59-1-42. Licensed pilot liability.

1. A licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41 shall not be liable for more than Five Thousand Dollars ($5,000.00) for damage or loss caused by the licensed pilot’s or pilot trainee’s error, omission, fault, or neglect in the performance of the pilot services, except for the following:
   1. Damage or loss that arises because of the willful misconduct or reckless disregard for safety by the licensed pilot or pilot trainee; or
   2. An act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of licensed pilots.
2. This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that:
   1. The vessel was piloted by a licensed pilot or pilot trainee pursuant to Section 59-1-41; or
   2. The damage or loss was caused by the error, omission, fault, or neglect of a licensed pilot or pilot trainee.
3. In a proceeding brought against a licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41, for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the licensed pilot or pilot trainee.
4. Liability under this section shall also be limited as follows:
   1. A pilot or pilot trainee is not liable directly or as a member of an organization of pilots for any claim that:
      1. Arises from an act or omission of another pilot or pilot trainee or organization of pilots; and
      2. Relates directly or indirectly to pilot services.
   2. An organization of pilots shall not be liable for any damages caused by a licensed pilot’s or pilot trainee’s error, omission, fault or neglect in the performance of pilotage services.
5. For the sole purpose of occasions when this act is applicable as a defense to liability by a licensed pilot or pilot trainee, the licensed pilot or pilot trainee providing pilot services pursuant to Section 59-1-41; asserting the defense shall be considered to have been acting as the servant of the vessel, its owner and its operator.
6. This section does not apply to a vessel operator, captain, master or pilot that is:
   1. Not required pursuant to Section 59-1-41;
   2. Operating solely under a federal piloting license or;
   3. Operating an American vessel laden with coast-wise cargo not destined for a foreign port.
7. This section shall apply to all causes of action that occur on or after July 1, 2013.

HISTORY: Laws, 2013, ch. 328, § 2, eff from and after July 1, 2013.

§ 59-1-43. Use of or actions by unlicensed persons.

Any person or persons, vessel, firm or corporation, acting as or employing a harbormaster, pilot, boatman, stevedore, surveyor, watchman, police, ship agent, ship chandler or such other persons as may be required by the port commissioners, performing services for the public shipping, without first being duly licensed and qualified as provided in this chapter shall be guilty of a misdemeanor and, upon conviction, shall pay a fine of not exceeding one thousand dollars ($1,000.00) per day for each day while so acting, and serve not more than thirty (30) days in jail, or both in the discretion of the court; and it shall be unlawful and a misdemeanor for any person not licensed by the board of commissioners to interfere with the duties of the harbormaster, pilot, boatmen, stevedores or their employees, surveyors, watchmen, police, ship agents, ship chandlers or such other persons who have been duly licensed while performing services for the public shipping except in cases of distress; and any person or persons violating the provisions hereof in that regard, on conviction, in the city, county or state court, shall be fined not less than one hundred dollars ($100.00) or sentenced to thirty (30) days in jail, or both, and not more than one thousand dollars ($1,000.00) or six (6) months in jail, or both, for each offense at the discretion of the court trying the case.

HISTORY: Codes, 1930, § 4859; 1942, § 7556; Laws, 1984, ch. 493, § 3, eff from and after passage (approved May 15, 1984).

§ 59-1-45. Disposition of fines and penalties.

The fines and penalties collected under this chapter shall be paid into the city treasury to be used by the mayor and board of commissioners or mayor and board of aldermen for the benefit of the port.

HISTORY: Codes, 1930, §§ 4855, 4859; Laws, 1942, §§ 7552, 7556.

§ 59-3-1. General municipal powers.

The corporate authorities of any municipality in which there is situated, wholly or partially within its boundaries, a harbor that is a port of entry, shall have the following power and authority: to construct all needful improvements in such harbor, including the deepening of any part of said harbor, and/or extending, enlarging and adding to the same by dredging in any direction including inland; to acquire, construct, repair and improve public wharves and docks for said municipality, in connection with said harbor, and to operate the same under the port commissioners; to own, construct, lease and maintain sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats, and other structures and facilities needful for the convenient use of the same in the aid of commerce, and other works of public improvement, including roadways necessary or useful for such port, harbor, and/or dock and wharf purposes, and to control and operate the same under the port commissioners; said sheds, warehouses, elevators, compresses and other works of public improvements, including roadways, to be situated either upon the municipal wharves and docks, and/or upon lands owned, purchased, reclaimed or leased by the municipality and situated within reasonable and practical proximity to such wharves, docks, harbor or port; to set aside or lease portions or all of the said lands, wharves, docks, sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats, and other structures and facilities needful for convenient use of the same in the aid of commerce, or any of the said necessary or useful improvements, for special purposes, for a term not exceeding twenty-five years; and to lease same for industrial use for a term not exceeding ninety-nine years to individuals, firms or corporations, public or private, on such terms and conditions and with such safeguards as will best promote and protect the public interest. Any such industrial lease may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate and approved by the city in orders or resolutions authorizing the same. Any covenants and obligations of the lessee to make expenditures in determined amounts and within such time or times, for improvements to be erected on the land by such lessee and to conduct thereon industrial operations in such aggregate payroll amounts and for such period of time or times as may be determined and defined in such lease, and to give preference in employment where practicable to qualified residents of the port of entry and of the county in which said port is situated, shall, if included in said lease, constitute and be deemed sufficient consideration for the execution of any such lease in the absence of a monetary rental or other considerations; any such instrument may contain reasonable provisions giving the lessee the right to remove its or his improvements upon termination of the lease. Such corporate authority shall also have the power and authority to acquire by eminent domain proceedings, purchase, or otherwise, the land, property and rights that may be necessary or useful for the foregoing purposes, and for such purposes the municipality shall have the right to reclaim submerged lands.

HISTORY: Codes, 1942, § 7558; Laws, 1931, ch. 11; Laws, 1954, ch. 343; Laws, 1960, ch. 341.

§ 59-3-3. Issuance of bonds authorized.

The corporate authorities referred to in Section 59-3-1 are authorized to issue bonds or other obligations of the municipality for any or all of the purposes enumerated and authorized under Section 59-3-1. The conditions of the sale of said bonds shall be fixed by the said corporate authorities.

HISTORY: Codes, 1942, § 7559; Laws, 1931, ch. 11.

§ 59-3-5. Details of bonds; tax levy; supplemental powers and authorizations for bond issues.

All bonds authorized by Section 59-3-3 shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, and shall be in sums not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) each, and shall be registered as issued, be numbered in a regular series from one (1) upward, be signed by the mayor and countersigned by the clerk, who shall impress the municipal seal upon each bond as it is issued. Every such bond shall specify on its face the purpose for which it was issued; and the total amount authorized to be issued, and each shall be made payable to bearer. The corporate authorities shall levy annually a special tax to be used exclusively in paying the interest on such bonds and the bonds maturing within one (1) year, and in providing a sinking fund for the redemption of the bonds issued.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

HISTORY: Codes, 1942, § 7560; Laws, 1931, ch. 11; Laws, 1983, ch. 494, § 27, eff from and after passage (approved April 11, 1983).

§ 59-3-7. Conduct of election on issuance of bonds.

Before issuing bonds authorized by Section 59-3-3 the corporate authorities shall by resolution spread upon their minutes, declare their intention of issuing said bonds, fixing in such resolution the maximum amount thereof, and the purpose for which they are to be issued, and where an election is required shall fix in such resolution a date upon which an election shall be held in said municipality, of which not less than three weeks’ notice shall be given by the clerk by a notice published in a newspaper published in said municipality once a week for three weeks preceding said election at three public places in said municipality. Such election shall be held, as far as practicable, as other elections are held in municipalities.

HISTORY: Codes, 1942, § 7561; Laws, 1931, ch. 11.

§ 59-3-9. Qualifications of electors; form and marking of ballots; issuance of bonds without elections.

At such election as is provided for by Section 59-3-7, all qualified electors may vote and the ballots used shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words, “For the bond issue,” and the words, “Against the bond issue,” and the voter shall vote by placing a cross (X) opposite his choice of the proposition. In cities of less than twelve thousand inhabitants, when the amount to be issued is not more than thirty thousand dollars the corporate authorities shall publish the resolution as herein provided declaring their intention to issue said bonds for three weeks, giving the day and date upon which said bonds are to be issued; and if twenty per cent of the qualified electors of the municipality file a written protest against the issuance of said bonds on or before said date, then an election shall be had as herein provided, and if no protest shall be filed said bonds shall be issued without an election.

HISTORY: Codes, 1942, § 7562; Laws, 1931, ch. 11.

§ 59-3-11. Issuance of bonds; maturities, interest, and execution of bonds; payment of principal and interest.

Should the election provided for in Sections 59-3-7 and 59-3-9 result in favor of the proposed bond issue, by a majority of those voting in said election voting in favor of the issuance of said bonds, the corporate authorities may issue such bonds, either in whole or in part, within one (1) year after the date of such election or within one (1) year after final favorable determination of any litigation affecting such bonds as they may deem best, and should said bonds be issued by the municipality without an election therefor as provided in the preceding section, then said bonds may be issued as herein provided. All bonds shall mature annually, with all maturities not longer than twenty (20) years, with not less than one-fiftieth (1/50) of the total issue to mature each year during the first five (5) years of the life of said bonds, and not less than one-twenty-fifth (1/25) of the said total issue to mature annually during the succeeding ten-year period of the life of said bonds, and the remainder to be divided into approximately equal payments, one (1) payment to mature during each year for the remaining life of the bonds. Said bonds shall not bear a greater rate of interest than that allowed in Section 75-17-101, Mississippi Code of 1972, payable semiannually, the denomination, form and place of payment to be fixed in the ordinance of the corporate authorities issuing said bonds, and they shall be prepared and signed by the mayor and clerk of said municipality with the seal of the municipality affixed thereto, but the coupons may only bear a facsimile signature of such mayor and clerk. Such bonds, when issued, shall constitute a lien on all the taxable property in such municipality and the corporate authorities shall annually levy a special tax on all such property sufficient to pay the principal and interest on such bonds as the same falls due.

HISTORY: Codes, 1942, § 7563; Laws, 1931, ch. 11; Laws, 1981, ch. 462, § 14; Laws, 1982, ch. 434, § 27; Laws, 1983, ch. 541, § 34, eff from and after passage (approved April 25, 1983).

§ 59-3-13. Disposition of proceeds of bonds; penalty for diversion.

The proceeds of any bonds issued under authority of Sections 59-3-1 through 59-3-13, shall be placed in the municipal treasury or depository, if there be one, as a special fund and shall be used for no other purpose than the purpose set forth in the original resolution of the corporate authorities of such municipality, and any officer diverting or assisting to divert any such funds to any other purpose than the purpose originally set forth in said resolution of the corporate authorities of such municipality shall be guilty of a misdemeanor and punishable accordingly, and shall be liable both personally and on his official bond for such diversion.

HISTORY: Codes, 1942, § 7564; Laws, 1931, ch. 11.

§ 59-3-31. “Public corporation” defined.

The term “public corporation”, for the purposes of Sections 59-3-31 through 59-3-37, means the State of Mississippi or any political subdivision thereof or any public agency of this state or of any political subdivision thereof or any public board, bureau, commission or authority created by the legislature of the State of Mississippi.

HISTORY: Codes, 1942, § 7564-42; Laws, 1966, ch. 288, § 2, eff from and after passage (approved June 14, 1966).

§ 59-3-33. Establishment and operation by public corporation.

Any public corporation of the State of Mississippi, as that term is defined in Section 59-3-31, is hereby authorized to make application for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with an Act of Congress approved June 18, 1934, entitled “An Act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes.”

HISTORY: Codes, 1942, § 7564-41; Laws, 1966, ch. 288, § 1, eff from and after passage (approved June 14, 1966).

§ 59-3-35. Establishment and operation by private corporation.

Any private corporation hereafter organized under the laws of this state for the purpose of establishing, operating and maintaining a foreign-trade zone in accordance with the Act of Congress referred to in Section 59-3-33, is likewise hereby authorized to make application for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with the said Act of Congress.

HISTORY: Codes, 1942, § 7564-43; Laws, 1966, ch. 288, § 3, eff from and after passage (approved June 14, 1966).

§ 59-3-37. Operation and maintenance pursuant to terms of Act of Congress.

Any public or private corporation authorized by Sections 59-3-31 through 59-3-37 to make application for the privilege of establishing, operating and maintaining such foreign-trade zone, whose application is granted pursuant to the terms of the Act of Congress referred to in Section 59-3-33, is hereby authorized to establish such foreign-trade zone and to operate and maintain the same, subject to the conditions and restrictions of said Act of Congress, and any amendments thereto, and under such rules and regulations and for the period of time that may be prescribed by the board established by said Act of Congress to carry out the provisions of said Act of Congress.

HISTORY: Codes, 1942, § 7564-44; Laws, 1966, ch. 288, § 4, eff from and after passage (approved June 14, 1966).

§ 59-5-1. Short title; definition of “board”.

This chapter may be cited as the “State Ports and Harbors Law.”

As used in this chapter the word “board” shall mean the Mississippi Development Authority.

HISTORY: Codes, 1942, § 7564-01; Laws, 1958, ch. 365, § 1; Laws, 2012, ch. 485, § 4, eff from and after passage (approved Apr. 26, 2012.).

§ 59-5-3. Declaration of public policy.

It is hereby declared to be the public policy of the state to aid and encourage the promotion, development, improvement, and expansion of the state’s ports, harbors and inland waterways.

HISTORY: Codes, 1942, § 7564-02; Laws, 1958, ch. 365, § 2, eff from and after passage (approved April 28, 1958).

§ 59-5-5. Construction of chapter.

1. This chapter shall be construed liberally and broadly to effectuate the policy and purposes herein set out.
2. This chapter shall be deemed to be full and complete authority for the exercise of the powers herein granted, but this chapter shall not be deemed to repeal or to be in derogation of any existing law of this state.
3. The provisions of this chapter shall not be construed to repeal, amend, limit, or restrict statutes heretofore or hereinafter enacted, providing for the establishment, support, financing, and maintenance of port commissions, authorities, or other local agencies having jurisdiction over harbors, ports, rivers, channels, and waterways, nor to be applicable to any bond issue, heretofore or hereafter issued for port or harbor purposes by any county or municipality in which said port is located and the provisions hereof shall be supplemental and cumulative and shall not repeal, limit or restrict the authority granted any public body or agency under any existing statute, except as herein otherwise expressly provided.

HISTORY: Codes, 1942, §§ 7564-03, 7564-26, 7564-29; Laws, 1958, ch. 365, §§ 3, 26, 29; Laws, 1960, ch. 342, § 4; Laws, 1967, Ex. Sess. ch. 7, § 7, eff from and after passage (approved June 29, 1967).

§ 59-5-7. Activities of board and state port authority pursuant to chapter as governmental functions.

The carrying out of the corporate purposes of the board and the state port authority hereinafter created is in all respects for the benefit of the people of the State of Mississippi and is a public purpose, and the board and such state port authority will be performing an essential governmental function in the exercise of the powers conferred upon them by this chapter.

HISTORY: Codes, 1942, § 7564-24; Laws, 1958, ch. 365, § 24, eff from and after passage (approved April 28, 1958).

§ 59-5-9. Implementation of public policy by board; discretion of board; construction of rights, powers and duties of board.

There is hereby vested in the board the duty to implement such declared public policy as herein provided. Wide latitude and discretion shall be vested in the board in the exercise of its powers and duties, and the enumeration of specific rights, powers, and duties of said board, when followed by general powers, shall not be construed in the restrictive sense.

HISTORY: Codes, 1942, § 7564-03; Laws, 1958, ch. 365, § 3, eff from and after passage (approved April 28, 1958).

§ 59-5-11. General powers of board; lands subject to jurisdiction and control of board.

The board shall have power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, use, control, and operate ports, harbors, waterways, channels, wharves, piers, docks, quays, elevators, tipples, compresses, bulk loading and unloading facilities, warehouses, floating dry docks, graving docks, marine railways, tugboats, ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges and any other facilities required and incidental to the construction, outfitting, drydocking or repair of ships or vessels, and water, air and rail terminals, and roadways and approaches thereto, and other structures and facilities needful for the convenient use of the same in the aid of commerce, including the dredging, deepening, extending, widening, or enlarging of any ports, harbors, rivers, channels, and waterways, the damming of inland waterways, the establishment of water basins, the acquisition and development of industrial sites and the reclaiming of submerged lands. For such purposes the board is vested with full jurisdiction and control of any and all lands lying within, adjacent to, or near any state-owned or operated ports, harbors, rivers, channels, and waterways, or natural lakes, which lands are below the mean high tide mark, and which lands are not within the jurisdiction of any other public body.

HISTORY: Codes, 1942, § 7564-04; Laws, 1958, ch. 365, § 4; Laws, 1960, ch. 342, § 1; Laws, 1967, Ex. Sess. ch. 7, § 1; brought forward without change, Laws, 2008, ch. 544, § 3, eff from and after passage (approved May 9, 2008.).

§ 59-5-13. Acceptance of grants and contributions.

The board, in addition to the moneys which may be received by it from the sale of bonds and from the collection of revenues, rents, and earnings derived under the provisions of this chapter, shall have the authority to accept from any public or private agency, or from any individual, grants for or in aid of the construction of any planned development, or for the payment of bonds, and to receive and accept contributions from any source, of money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.

HISTORY: Codes, 1942, § 7564-25; Laws, 1958, ch. 365, § 25, eff from and after passage (approved April 28, 1958).

§ 59-5-15. Analysis and survey by city, county or other agency of port or harbor proposed to be conveyed to state.

Any city or county or other authorized port or harbor agency for which a port or harbor commission or authority has been heretofore or may be hereafter created, and which desires state ownership of such port or harbor, or any part thereof, is hereby authorized to employ competent engineers to prepare an analysis and survey of the assets, liabilities, and operation of such port or harbor, or any part thereof, proposed to be conveyed to the state, which survey shall include the reasonable market value of the land and/or facilities, the outstanding aggregate indebtedness, if any, the gross and net revenues accruing from such operation and such other information as may be required by the board, together with a plan for the improvement, operation, development, and expansion of such port or harbor, or such part thereof, which plan shall include the estimated cost of construction, the estimated cost of lands, properties, facilities, machinery, rights, easements, and franchises to be acquired, the estimated cost of engineering, architectural and legal expenses, and of financing charges and interest, and such other estimated expenses as may be necessary or incidental to such planned development, together with a projection of the gross and net revenues anticipated from the operation of the improved facilities, and any options, contracts, or commitments for the use of such improved facilities, and such other information as may be required by the board.

HISTORY: Codes, 1942, § 7564-05; Laws, 1958, ch. 365, § 5, eff from and after passage (approved April 28, 1958).

§ 59-5-17. Negotiation of agreement with city, county or agency for state acquisition of port or harbor.

On the receipt of an application from any city or county or other authorized port or harbor agency for state ownership of any port or harbor, or any part thereof, the board shall cause an independent determination and appraisal to be made of such analysis and survey, and the plan for the improvement, operation, development, and expansion of such port or harbor, or any part thereof, and if the board shall find and determine that the plan for the improvement, operation, development, or expansion of such port or harbor, or any part thereof, is practical and feasible and is in the public interest, and that such port or harbor, or any part thereof, can be operated economically under state ownership and that the revenues therefrom would be sufficient, over a period of time, to make such ownership and/or operation by the state self-liquidating, then the board in its discretion, may negotiate with such city and county or other authorized port or harbor agency on the terms of an agreement for the acquisition by the state of such port or harbor, or any part thereof. The board may modify the proposed plan for the improvement, operation, development, or expansion of such port or harbor or any part thereof, and may impose such terms and conditions as, in its discretion, it may require to protect the interest of the state, provided that if an entire port or harbor shall be conveyed to the state that all bonds theretofore issued and outstanding for the improvement of such port or harbor by any county or city, or both acting jointly, or other authorized port or harbor agency, shall be redeemed by the issuance of bonds as herein provided or assumed in conjunction with the plan for the development of such port or harbor.

HISTORY: Codes, 1942, § 7564-06; Laws, 1958, ch. 365, § 6, eff from and after passage (approved April 28, 1958).

§ 59-5-19. Approval of agreement for conveyance of port or harbor to state; terms and conditions of conveyance.

Any agreement as hereinabove provided for, reached between the board and the city or county, or other authorized port or harbor agency, shall be reduced to writing and shall set out the terms and conditions under which such port or harbor, or any part thereof, shall be conveyed to the state and shall specifically set out the minimum amount of bonds, if any, to be issued by the state for the improvement, operation, development, and expansion of such port or harbor, or any part thereof. When such agreement has been approved by the board, the city or county, or other authorized port or harbor agency, and the port commission, or port authority of the city or county, a conveyance of such port or harbor, or any part thereof, to the State of Mississippi, shall be executed by the city or county, or other authorized port or harbor agency, joined in by the port commission or port authority of the city or county, without monetary consideration. Such conveyance shall be in such form as may be prescribed by the board, but shall be conditioned on the issuance of bonds by the state in the minimum amount set out in such agreement for the improvement, operation, development or expansion of such port or harbor, or any part thereof. If such agreement shall provide that the entire port or harbor shall be conveyed to the state and shall be owned and operated by the state, then no such agreement shall become effective until approved by a majority of the qualified electors of the city or county having jurisdiction of such port or harbor voting in an election called for that purpose in the same manner as in other city or county special elections.

HISTORY: Codes, 1942, § 7564-06; Laws, 1958, ch. 365, § 6, eff from and after passage (approved April 28, 1958).

§ 59-5-21. Operation by state port authority of ports or harbors acquired by or conveyed to state.

Any port or harbor, or any part thereof, and all facilities, structures, lands or other improvements, acquired by or conveyed to the state, shall be operated by the board acting through a state port authority for such port or harbor, except as may be otherwise provided in this chapter. Such state port authority shall be an agency of the state and shall be vested, in addition to the rights, powers and duties conferred hereunder, with the same jurisdiction and the same rights, powers and duties vested by law in the port commission or port authority or other authorized port or harbor agency having jurisdiction of such port or harbor under statutes in effect on the date of the conveyance of such port or harbor, or any part thereof, to the state. Such state port authority shall consist of five (5) qualified electors of the city or county in which such port or harbor is located. The initial terms of the members of such port authority shall be staggered, one (1) member thereof, to be appointed by the governing authorities of the municipality in which such port or harbor is located or adjacent to, to serve for an initial term of one (1) year, one (1) member thereof, to be appointed by the board of supervisors of the county in which such port or harbor is located, to serve for an initial term of two (2) years, and three (3) members thereof, to be appointed by the Governor, to serve for initial terms of three (3), four (4) and five (5) years respectively, but all succeeding appointments shall be for terms of five (5) years. The members of the state port authority shall organize in the same manner authorized by law for the port commission or port authority formerly having jurisdiction over such port or harbor, or any part thereof. Members of the state port authority shall be entitled to compensation pursuant to Section 25-3-69 and travel expenses pursuant to Section 25-3-41. In its operation of such port or harbor, or any part thereof, such state port authority shall not be responsible to the city or county, or other authorized port or harbor agency, in which such port or harbor, or any part thereof, may be located, but shall be responsible solely to the board, and the board shall have the same rights and duties and the same relationship toward such state port authority as is vested by law in the county, city or other authorized port or harbor agency in its relation to the port commission or port authority formerly having jurisdiction of such port or harbor, or part thereof. Before entering upon the duties of the office, each of said members shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi, and shall file same with the secretary of state, and shall give bond in the sum of ten thousand dollars ($10,000.00), with a surety company or companies, authorized to do business in this state, conditioned according to law, and to be delivered to and approved by the treasurer of the State of Mississippi; the premiums on said bonds shall be paid from port funds.

HISTORY: Codes, 1942, § 7564-07; Laws, 1958, ch. 365, § 7; Laws, 1984, ch. 493, § 4, eff from and after passage (approved May 15, 1984).

§ 59-5-23. Authorization of contracts, etc., for improvement, operation, etc., of port or harbor.

Any city, county, or city and county acting jointly, or authorized port or harbor agency may enter into contracts, leases or agreements with the board upon such terms or conditions and for such purposes relating to the improvement, operation, development, and expansion of any port, harbor, or inland waterway, or any part thereof as they deem advisable and may agree upon, and, without limiting the generalities of the foregoing, authority is hereby granted to any city, county, or city and county acting jointly, or authorized port or harbor agency to prepare and submit to the board in the manner set out in Section 59-5-15, a plan for the improvement, operation, development or expansion of such port, harbor, waterway or any part thereof. The board shall cause an independent determination and appraisal to be made of such plan, and if the board shall find and determine that such plan is practical and feasible and is in the public interest, and that the revenues to be derived therefrom will, over a period of time, be sufficient to service and retire any bonds issued to complete such planned development, then the board, in its discretion, may negotiate with such city and county or other authorized port or harbor agency on the terms of a contract or agreement for the issuance of bonds necessary to complete such planned development. The board may modify the proposed plan for the improvement, operation, development, or expansion of such port, harbor, or waterway, or any part thereof, and may impose such terms and conditions as, in its discretion, it may require to protect the interest of the state.

HISTORY: Codes, 1942, § 7564-08; Laws, 1958, ch. 365, § 8; Laws, 1960, ch. 342, § 2; ch. 347.

§ 59-5-25. Approval of agreement for improvement, operation, etc., of port or harbor; appropriation of excess funds or levy of tax.

Any agreement reached between the board and the city or county, or city and county acting jointly, or authorized port or harbor agency shall be reduced to writing and set out the terms and conditions under which such planned development shall be completed, and shall specifically set out the maximum amount of bonds, if any, to be issued by the state for the completion of such planned development. No such agreement shall become effective until approved by a majority of the qualified electors of the city or county having jurisdiction of such port or harbor voting in an election called for that purpose in the same manner as in other city or county special elections. Any plan, agreement and contract which has been approved by the qualified electors of a county or municipality as herein provided, may be amended or supplemented to add additional projects thereto in the same manner as provided herein for the submission, modification and approval of the original plan, agreement and contract, save that instead of submitting such supplemental contract to the qualified electors of the county having jurisdiction of such port or harbor for approval, the governing body of the county or municipality shall, by the affirmative vote of two thirds (2/3) of all members of such governing body, adopt a resolution reciting the substantial terms of such supplemental contract and giving notice that such contract shall become effective on the date specified therein which shall be not less than twenty-five days from the date of the first publication of such resolution. Such resolution shall be published once a week for at least three successive weeks in the newspapers published and of general circulation within such county or municipality. The first of such publications shall be made at least twenty-one days prior to the date set forth in said resolution as the date upon which the supplemental contract shall become effective and the last of such publications shall be made not more than seven days prior to such date. If prior to the date set forth as aforesaid there shall be filed with the clerk of the governing body of the county or municipality a petition in writing signed by twenty per cent (20%) of the qualified electors of such county or municipality requesting an election on the question of whether or not such contract shall be effective, then such contract shall not become effective unless approved by a majority of the qualified electors of the county or municipality who vote therein at an election to be ordered by the appropriate governing body for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as approved by law with respect to the submission of bond issues in the county or municipality. If the proposition so submitted shall fail to receive approval at such election, then such contract shall not become effective. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by the majority of qualified electors voting therein then such contract shall become effective on the dates set forth in the resolution. Any such contract or supplemental contract shall require that any such city, county, or city and county acting jointly, or authorized port or harbor agency shall pledge all net revenues to be derived from the planned development to the payment of principal and interest on the bonds issued for such planned development, and shall further require such agency to pay the principal and interest on such bonds, and all premiums, fees, or other charges in connection therewith as the same shall mature or become due. The proceeds of any bonds issued for such planned development shall be expended only for the purposes set out in such approved contract. To meet the obligations imposed by this section, any such city, county, or city and county acting jointly, or authorized port or harbor agency is hereby authorized to appropriate therefor any surplus funds from any source available to said city or county, or both acting jointly, or to levy a tax therefor not to exceed five mills on all taxable property in said county or city, or both. The levies made under this provision shall not be reimbursed under the Homestead Exemption Law of 1946, being Sections 27-33-1 through 27-33-65, Mississippi Code of 1972. The ownership, operation and control of such planned development shall remain vested in the city, county, or other authorized port or harbor agency in such manner as is now or may hereafter be authorized by law.

HISTORY: Codes, 1942, § 7564-08; Laws, 1958, ch. 365, § 8; Laws, 1960, ch. 342, § 2; ch. 347.

§ 59-5-27. Bond of members of port or harbor agency.

Each member of a port or harbor agency shall give a good and sufficient bond in the amount of ten thousand dollars ($10,000.00) conditioned for the faithful performance of the duties of his office. This shall be effective only upon consummation of an agreement to issue bonds as hereinabove set forth.

HISTORY: Codes, 1942, § 7564-08; Laws, 1958, ch. 365, § 8; Laws, 1960, ch. 342, § 2; ch. 347.

§ 59-5-29. Increase in membership of county port authority upon issuance of bonds.

Whenever any bonds of the State of Mississippi have been issued as provided in Sections 59-5-23 and 59-5-25, and where the authorized port or harbor agency is a county port authority organized as provided by Sections 59-9-1 through 59-9-85, the membership of such county port authority shall be increased by two members, to be appointed by the governor who shall be qualified electors of the county, and whose term shall be concurrent with that of the appointing governor. One such member shall be appointed by the governor from the county at large, and the other such member shall be appointed from a municipality located on the navigable channel or waterway on which the port facilities are located, but which municipality shall not be the county seat of such county. The two additional members hereby authorized to be appointed to such county port authority shall be vested with all the rights and duties and powers as members thereof, but such appointments shall be made to such county port authority and shall continue only so long as any such state bonds shall be outstanding and unpaid. The members of such county port authority appointed by the governor under the authority of this section shall make bond and qualify as members of such port authority in the same manner provided by law for the other members of such county port authority, and as provided in this chapter.

HISTORY: Codes, 1942, § 7564-08; Laws, 1958, ch. 365, § 8; Laws, 1960, ch. 342, § 2; ch. 347.

§ 59-5-31. Additional powers and authority for certain port commissions and authorities; revenue bonds; tax exemptions.

Any port commission existing under the provisions of Article 3 of Chapter 7 of this title, and any other port commission or port authority now or hereafter constituted by law which has not expressly been granted such powers, may, in addition to all powers now or hereafter vested in it by law, exercise all powers and authority granted to county port authorities or county development commissions under Sections 59-9-15 through 59-9-35, which sections are hereby incorporated herein by reference, and may in addition to such powers acquire, own, operate and maintain gas, electric, water, sewerage or other public utility systems or pipelines and easements necessary thereto. In the event that a joint agreement cannot be consummated jointly with the board as provided in this chapter, the boards of supervisors of any county, or the governing authority of any municipality, or both acting jointly, may issue revenue bonds of such county or municipality, or both, acting jointly, as provided by section 59-7-311. Such revenue bonds may be issued without an election on resolution of the board of supervisors, governing body of the municipality, or both acting jointly, and shall not be subject to any limitation as to amount, and shall not be included or computed in the statutory limitation of indebtedness of any such county or municipality.

All leases executed by such port commissions or port authorities for port, harbor, commercial or industrial improvements, and all structures and all improvements and other permanent facilities erected, installed or located by such lessees, or their successors or assignees within the limits of any port, harbor or part thereof, may be free and exempt from all state, county and municipal ad valorem taxes if so stipulated in such lease, and for such period as may be fixed in such lease, not to exceed such periods of time as are now authorized or may be hereafter authorized by law.

HISTORY: Codes, 1942, § 7564-09; Laws, 1958, ch. 365, § 9; Laws, 1980, ch. 439, § 1, eff from and after July 1, 1980.

§ 59-5-33. State ports fund; joint activities or employment of personnel.

The agreement between the board and the city, county or other authorized port or harbor agency shall provide that a fair and proportionate part of the expense of the board administering this chapter, shall be considered a part of the cost of the development or operation of the planned development and such costs shall be paid into a separate state fund in the state treasury, to be known as the state ports fund. Such fund shall be used by the board for the promotion, development, construction, improvement, expansion, maintenance, advertising, and general advancement of the state harbors, ports, rivers, channels, and waterways and may be expended on requisition of the board for such purposes and such other purposes as in the opinion of the board is to the best interest of the ports, harbors, and waterways of this state. The salaries of all officers, employees, or agents of the board, performing duties required by this chapter, and all other expenses incidental to the port, harbor, or waterway operation of the board shall be fixed by the board and payable out of said fund. The board may contract with one or more state port authorities, or any city, county or other authorized port or harbor agency for any joint activity or for the joint employment of personnel with the expense of the activity or salary of such personnel to be paid by the board from operational funds provided by the contracting parties.

HISTORY: Codes, 1942, § 7564-11; Laws, 1958, ch. 365, § 11, eff from and after passage (approved April 28, 1958).

§ 59-5-35. Setting aside or leasing of lands, docks, warehouses, etc.; exemption from certain ad valorem taxes.

The board, acting jointly with the state port authority, is authorized to set aside, or lease all or portions of any lands, roads, docks, sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats, or any other necessary or useful improvements constructed or acquired by it to individuals, firms, or corporations, public or private, for port, harbor, commercial or industrial purposes for a period not to exceed ninety-nine years, or to execute a conveyance of sale, except as otherwise limited by law, on such terms and conditions and with such safeguards as would best promote and protect the public interest. Any industrial lease of lands may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate and approved by the board in orders or resolutions authorizing the same. Any covenants and agreements of the lessee to make expenditures in determined amounts, and within such time or times, for improvements to be erected upon the land, by such lessee and to conduct thereon industrial and/or other operations in such aggregate payroll amounts and for such period of time as may be determined and defined in such lease, and to give preference in employment where practical to residents of the State of Mississippi, and to qualified residents of the city and of the county in which such port or harbor is located, shall if included in such lease constitute and be deemed sufficient consideration for the execution of any such lease in the absence of monetary rental or other considerations; and such instrument may contain reasonable provisions giving the lessee the right to remove its or his improvements upon the termination of the lease. All leases theretofore made by any port commission, port authority, or other public agency authorized by law to execute leases for port, harbor, commercial or industrial improvements, which leases are now in effect or which may be hereafter executed by any such public agency or by the board, and all structures and all improvements and other permanent facilities erected, installed or located by such lessees or their successors or assignees within the limits of any port, harbor or part thereof, may be free and exempt from all state, county, and municipal ad valorem taxes if so stipulated in such lease, and for such period as may be fixed in such lease.

HISTORY: Codes, 1942, § 7564-12; Laws, 1958, ch. 365, § 12; Laws, 1960, ch. 342, § 3.

§ 59-5-37. Employment of personnel, execution of contracts, etc., for development, promotion, maintenance, etc., of ports, harbors, rivers, etc.; suits by and against state port authority; advertising and bidding requirements for contracts or purchases; use of design-build method of contracting [Subsection (3) repealed effective July 1, 2020].

1. The board or State Port Authority, in the performance of its duties, may employ such personnel and make all contracts and purchases incidental to or necessary for the advancement, promotion, development, establishment, insurance, maintenance, repair, improvement and operation of any ports, harbors, rivers, channels and waterways including, if required for its protection, retirement benefits, workers’ compensation insurance and other employee benefits for the benefit of any employees of the board or State Port Authority. The board or State Port Authority may establish a trade development and promotion account to pay all direct and necessary expenses for the promotion and development of the state port. The authority is granted the power to sue and be sued in its own name.
2. 1. The board or State Port Authority may, in its discretion, make such contracts or purchases according to the state purchasing laws. Contracts let for any port, harbor, river, channel or waterway improvements shall be advertised as required by law for the letting of public contracts, and such contracts shall be awarded to the lowest and best bidder who shall make bond as shall be required by the board or State Port Authority conditioned for the faithful prosecution and completion of work according to such contracts, such bond to be furnished by a corporate surety company qualified to do business in this state. However, the board may negotiate and enter into contracts with responsible lessees for the construction of facilities by lessees, such as those referred to in Section 59-5-11, and the acquisition thereof by the board upon such terms and conditions and for such amount as may be approved by the board.
   2. The State Port Authority shall be considered to be a “governing authority” under the state public purchasing laws as that term is defined in Section 31-7-1 and used in Sections 31-7-1 through 31-7-73, and shall not be subject to the jurisdiction of the Department of Finance and Administration, the Public Procurement Review Board or the Bureau of Building, Grounds and Real Property Management under the provisions of Sections 27-104-7, 29-5-2 and 31-11-3.
3. 1. The board or State Port Authority, in its discretion, may use the design-build method of contracting for the renovation, repair and/or making of other improvements to not more than one (1) freezer and related equipment and/or facilities at the State Port at Gulfport, Mississippi. For the purposes of this subsection (3), the term “design-build method of contracting” means a contract that combines the design and construction phases of a project into a single contract and the contractor is required to satisfactorily perform, at a minimum, both the design and construction of the project.
   2. This subsection (3) shall stand repealed from and after July 1, 2020.

HISTORY: Codes, 1942, § 7564-13; Laws, 1958, ch. 365, § 13; Laws, 1962, ch. 389; Laws, 1976, ch. 400, § 2; Laws, 1984; reenacted and amended, 1985, ch. 474, § 17; Laws, 1986, ch. 438, § 39; Laws, 1987, ch. 483, § 40; Laws, 1988, ch. 442, § 37; Laws, 1989, ch. 537, § 35; Laws, 1990, ch. 518, § 36; Laws, 1991, ch. 618, § 36; Laws, 1992, ch. 491, § 38; Laws, 1997, ch. 401, § 1; Laws, 2001, ch. 321, § 1; Laws, 2008, ch. 544, § 1; Laws, 2010, ch. 535, § 1; Laws, 2012, ch. 485, § 5; Laws, 2013, ch. 347, § 1; Laws, 2016, ch. 417, § 1, eff from and after July 1, 2016.

§ 59-5-39. Acquisition of rights of way, land, etc.

For the acquiring of rights-of-way, land and property including existing easements, restrictive covenants and reversionary estates necessary for the purposes herein authorized, the board shall have the right and power to acquire the same by purchase, negotiation or condemnation, and should it elect to exercise the right of eminent domain, it may proceed in the manner provided by the general laws of the State of Mississippi for procedure by any county, municipality or corporation organized under the laws of this state, or in any other manner provided by law. The power of eminent domain shall apply not only as to all property of private persons or corporations, but also as to property already devoted to public use including leaseholds, excepting interests in property owned by levee boards, drainage districts, or other flood control agencies. However, the board shall have no authority to acquire without the consent of the owner thereof any property operated and used for port, harbor or industrial purposes or such purposes as the board is authorized to acquire and use property for, unless an actual necessity therefor be alleged and proven. The board is authorized to accept donations of lands, rights therein, monies and materials required for the maintenance or development of any port or harbor. The board may exchange any property or properties acquired under the authority of this chapter for other property or properties usable in carrying out the powers hereby conferred, and also remove from lands needed for its purposes and reconstruct on other locations, buildings, utilities, terminals, railroads or other structures upon the payment of just compensation, if it is necessary so to do in order to carry out any of its plans for port development. The title to all land or property acquired under the authority of this chapter shall vest in the State of Mississippi. Nothing contained in this section shall be construed to authorize the taking by eminent domain of any private property except for necessary public use.

HISTORY: Codes, 1942, § 7564-14; Laws, 1958, ch. 365, § 14; Laws, 1984, ch. 488, § 248, eff from and after July 1, 1984.

§ 59-5-41. State bonds; issuance, terms, and conditions; interim financing of construction projects.

The board is hereby authorized, at one time or from time to time, to petition by resolution to the State Bond Commission for the issuance of negotiable bonds of the State of Mississippi by the State Bond Commission to provide funds for the purpose of paying all or any part of the cost of the acquisition of any state port, harbor, waterway or part thereof and the planned development thereof or to complete the planned development of any port, harbor, waterway or part thereof, but in no event shall the amount of such bonds issued exceed the actual cost of an approved plan for the development of any port, harbor, waterway or part thereof. However, no bonds shall be issued under this chapter after April 25, 2013. The principal of and the interest on such bonds shall be payable from a special fund to be provided for that purpose in the manner hereinafter set forth. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission. Such bonds shall mature or otherwise be retired in annual installments beginning not more than five (5) years from date thereof and extending not more than forty (40) years from date thereof. Such bonds shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds, who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.

Any state port authority organized and existing under the provisions of this chapter, with the concurrence of the board, shall have the power to obtain loans from banking institutions authorized to do business in the State of Mississippi, for necessary interim financing pending the receipt of the proceeds from the sale of bonds, on such terms and at such interest rates as the authority, with the concurrence of the board, may deem feasible. All such interim loans shall be payable from the proceeds of the permanent obligations when same shall be sold and issued, or from the proceeds of any federal grant.

HISTORY: Codes, 1942, § 7564-15; Laws, 1958, ch. 365, § 15; Laws, 1967, Ex. Sess. ch. 7, § 2; Laws, 1968, ch. 431, § 1; Laws, 1974, ch. 484, § 1; Laws, 1984, ch. 488, § 249; Laws, 2013, ch. 567, § 5, eff from and after passage (approved Apr. 25, 2013.).

§ 59-5-43. Negotiability of bonds; exemption from taxation.

All bonds and interest coupons issued under the provisions of this chapter shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code and in exercising the powers granted by this chapter, the board and/or state bond commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Codes, 1942, § 7564-16; Laws, 1958, ch. 365, § 16; Laws, 1967, Ex. Sess. ch. 7, § 3, eff from and after passage (approved June 29, 1967).

§ 59-5-45. Manner and price of sale of bonds; interest; maturity and redemption.

The State Bond Commission shall sell such bonds at public sale or private sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no sale shall be made at a price of less than ninety-eight percent (98%) of par, plus accrued interest. However, the One Hundred Thirty Million Dollars ($130,000,000.00) additional bonds herein authorized shall mature annually, with all maturities not longer than twenty-five (25) years, and may be sold for a price of not less than ninety-eight percent (98%) of par, plus accrued interest, to date of delivery of the bonds to the purchaser. All bonds shall bear interest at such rate or rates not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972. All interest accruing on such bonds so issued shall be payable semiannually or annually.

No interest payment due on any bond shall be evidenced by more than one (1) coupon and supplemental coupons will not be permitted.

Notice of the public sale of any such bonds shall be published at least two (2) times, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson and in one or more other newspapers or financial journals with a large national circulation, to be selected by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of this chapter, shall provide that bonds maturing eleven (11) or more years after the date of the issuance of such bonds may, at the option of the State of Mississippi, be called in for payment and redemption at the call price named therein and accrued interest, or on the tenth anniversary of the date of issue, or on any interest payment date thereafter prior to maturity.

HISTORY: Codes, 1942, § 7564-17; Laws, 1958, ch. 365, § 17; Laws, 1967, Ex. Sess. ch. 7, § 4; Laws, 1974, ch. 484, § 2; Laws, 1975, ch. 456; Laws, 1976, ch. 415; Laws, 1980, ch. 530, § 4; Laws, 1982, ch. 425; Laws, 1983, ch. 541, § 35; Laws, 1991, ch. 397 § 2; Laws, 1993, ch. 472, § 2, eff from and after passage (approved March 27, 1993).

§ 59-5-47. Disposition of proceeds of bonds.

The proceeds of bonds issued under authority of this chapter shall be paid into a special fund or funds in banks qualified to act as depositories for the city or county in which the port or harbor is located, allocated in such equitable manner as the board may determine and such depositories shall qualify as such by depositing bonds or other securities authorized by law to secure deposits in state depositories. The proceeds of such bonds shall be used solely for payment of the cost of the planned development and the redeeming of any outstanding bonds and shall be disbursed upon order of the board with such restrictions, if any, as the resolution authorizing the issuance of the bonds may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the planned development, and the redeeming of any outstanding bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into the fund established for the payment of the principal of and the interest on such bonds.

HISTORY: Codes, 1942, § 7564-18; Laws, 1958, ch. 365, § 18, eff from and after passage (approved April 28, 1958).

§ 59-5-49. Validation of bonds.

Such bonds as are authorized by this chapter may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. The bonds authorized under the authority of this chapter may, in the discretion of the state bond commission, be validated in the chancery court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district, and other bonds. The necessary papers for such validation proceedings shall be transmitted to the state bond attorney by the attorney general, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi, and in a newspaper of general circulation published in the city or county where the planned development is located.

HISTORY: Codes, 1942, § 7564-19; Laws, 1958, ch. 365, § 19, eff from and after passage (approved April 28, 1958).

§ 59-5-51. Payment of interest and principal on bonds; limitation on amount of bonds issued.

1. The bonds issued under the provisions of this chapter shall be payable from the special fund provided therefor as hereinafter set out and shall be the general obligations of the State of Mississippi and backed by the full faith and credit of the state, and if the funds supplied by the board to the State Treasurer from the sources prescribed by this chapter be insufficient to fully pay the interest on the bonds when due or to pay the principal of the bonds when due or when declared to be due as provided in the resolution authorizing the issuance of the bonds, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated, and all such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section.

   The amount of bonds issued for the acquisition and planned development of any one state port, harbor or waterway shall not exceed the sum of Eighty Million Dollars ($80,000,000.00) outstanding at any one time, nor shall any additional bonds be issued to complete the planned development of any other port, harbor or waterway to exceed in the aggregate the sum of Eighty Million Dollars ($80,000,000.00), outstanding at any one (1) time. However, such limitation on the amount of bonds that may be issued shall not apply to any additional bonds issued in connection with the planned development of any other port, harbor or waterway not to exceed in the aggregate the sum of One Hundred Thirty Million Dollars ($130,000,000.00) notwithstanding the provisions of Section 59-5-47, nor any other provisions to the contrary. The entire proceeds of the One Hundred Thirty Million Dollars ($130,000,000.00) shall be used solely for the construction or acquisition of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges, floating dry docks, graving docks, marine railways, tugboats or any other facilities required or incidental to the construction, outfitting, dry docking or repair of ships or vessels. However, no such additional bonds shall be issued except where such facility or facilities are to be leased or sold, in whole or in part, for industrial purposes and the annual payments made under the lease contract and/or proceeds of sale shall be sufficient to pay the interest on the bonds when due and to pay the principal of the bonds at or prior to maturity as provided in the resolution authorizing the issuance of the bonds to finance such project, and all costs in connection therewith. Such lease shall have been first fully guaranteed by such person, firm or corporation, if any, having control, ownership or management of the lessee. Such lease and/or sale contract and the terms and conditions thereof, shall require the joint and several approval of the board of supervisors of the county in which the port is located, the port authority and the Department of Economic and Community Development. No borrowing under this section shall be finalized prior to ten (10) days after written notice of intent to borrow is furnished to the Legislative Budget Office.

   No bonds shall be issued under this chapter after April 25, 2013.

2. The full five-mill ad valorem levy provided for by this chapter shall be levied and collected as needed for the retirement of any bonds issued under this chapter, and all rents, emoluments and charges made and collected by the port authority, less maintenance cost and incidental expenses, shall be covered in a fund to be used to retire all bonds issued under this chapter; and also all receipts from the two-mill state ad valorem levy, disbursed to such city, county or other port or harbor agency, shall be used to service such bonds.
3. In the event any city, county or other port, or harbor agency, however designated, shall pay to the board an amount insufficient to meet all bond and interest payments when due on their respective obligations, then any such delinquency paid by the state shall be deducted from future reimbursements for homestead exemptions under the provisions of Sections 27-33-1 through 27-33-65 from that portion reimbursed to the general county fund. Should the amount deducted from the homestead exemption reimbursement be insufficient to meet the delinquency, then the remainder of such delinquency shall be deducted from any distributions made under the provisions of Section 27-5-101 for gasoline taxes.
4. In the event all of the above-listed sources prove inadequate to pay the principal and interest on the bonds issued and paid for by the State of Mississippi under this chapter, then such city, county or other port or harbor agency shall levy and collect an additional ad valorem levy of not more than five (5) mills per year on all the taxable property of such city, county or other port or harbor agency, which funds so secured shall be applied toward such obligations to the State of Mississippi.
5. The requirements of subsections (2), (3) and (4) of this section shall not be applicable to the additional bonds in the aggregate amount of One Hundred Thirty Million Dollars ($130,000,000.00) authorized in subsection (1) of this section for the construction or acquisition of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges, floating dry docks, graving docks, marine railways, tugboats or any other facilities required or incidental to the construction, outfitting, dry docking or repair of ships or vessels; provided, such county shall, at the time of issuance of any of such bonds, convey to the State of Mississippi all of its right, title and interest in and to all of the land and above-mentioned shipbuilding facilities, together with the county’s right, title and interest in and to any leases, deeds, contracts or other customary business instruments which have been entered into in connection with the land and shipbuilding facilities, but such conveyance or conveyances shall be subject to the terms and provisions of such leases, deeds, contracts or other customary business instruments entered into in connection therewith. The right, title and interest of the State of Mississippi in the land and shipbuilding facilities shall be under the supervision and control of the Department of Economic and Community Development.

HISTORY: Codes, 1942, § 7564-20; Laws, 1958, ch. 365, § 20; Laws, 1960, ch. 404; Laws, 1964, ch. 425; Laws, 1966, ch. 447, § 1, ch. 448, § 1; Laws, 1967, Ex. Sess. ch. 7, § 5; Laws, 1968, ch. 432, § 1; Laws, 1980, ch. 530, § 1; Laws, 1984, ch. 488, § 250; Laws, 1990, ch. 570, § 14; Laws, 1995, ch. 471, § 1; Laws, 2013, ch. 567, § 6, eff from and after passage (approved Apr. 25, 2013.).

§ 59-5-53. Withdrawals of bond proceeds from special fund.

The funds which are transferred from the sale of bonds under this chapter to the special fund in the qualified depositories set up for each separate port, harbor, or part thereof may be withdrawn only in the following manner: said funds shall be paid by such qualified depositories upon warrants issued by the state auditor of public accounts, which warrants shall be issued upon requisition of the board or state port authority. All expenditures ordered by the board or state port authority shall be entered upon their minutes, and the board and each state port authority shall submit a full report of their work and all the transactions carried on by them, and a complete statement of all their revenues and expenditures to the legislature at each regular session of the legislature.

HISTORY: Codes, 1942, § 7564-28; Laws, 1958, ch. 365, § 28, eff from and after passage (approved April 28, 1958).

§ 59-5-55. Use of net revenues, rents, and earnings from state owned ports.

All net revenues, rents, and earnings from the operation or maintenance of any state owned port or harbor, or any part thereof, shall be set aside by the board exclusively for the payment of any bonds issued by the state for such port or harbor, or any part thereof, and shall not be commingled with the funds of any other state port or harbor, or any part thereof, but shall be expended by the board exclusively for the payment of such bonds as provided in Section 59-5-51, and if no such bonds shall be outstanding, then by the state port authority for the improvement, operation, advancement, development, maintenance and advertising of the port to which such funds have accrued.

HISTORY: Codes, 1942, § 7564-10; Laws, 1958, ch. 365, § 10, eff from and after passage (approved April 28, 1958).

§ 59-5-57. Payment of county’s share of state ad valorem taxes for harbor purposes to state port authority.

In the event of state ownership of any port or harbor, in its entirety, in any county which may now or hereafter be authorized by law to receive a portion of the state ad valorem tax for port or harbor purposes, such portion of the state ad valorem tax shall be paid to the state port authority and shall be used for the improvement, development, operation and expansion of such port under the provision of this chapter, and the port fund of such county to which such ad valorem tax is paid shall be subject to the requisition of the state port authority.

HISTORY: Codes, 1942, § 7564-10; Laws, 1958, ch. 365, § 10, eff from and after passage (approved April 28, 1958).

§ 59-5-59. Allocation of revenues, rents and earnings to payment of bonds; sinking fund.

The net revenues, rents, and earnings derived from any planned development or the net revenues, rents, and earnings received by the board produced by a state port, harbor, or part thereof, for which bonds have been issued, shall be pledged and allocated by the board to the payment of the principal of and interest on the bonds issued for such planned development as the resolution authorizing the issuance of the bonds may provide, and such pledge may include funds received from one or more or all sources available to such planned development and shall be set aside at regular intervals into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:

The interest upon such bonds as such interest shall accrue.

The principal of the bonds when due, or when declared to be due, as prescribed by the resolution authorizing the bonds.

The necessary charges of the paying agent or paying agents for paying principal and interest of and on such bonds.

Any premium on bonds retired by call or purchase as may be provided therein.

Net revenues shall be defined in the agreement between the board and the city or county, or other authorized port or harbor agency, as provided in Sections 59-5-17 and 59-5-19.

The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing any issue of bonds, but except as may otherwise be provided in such resolution such sinking fund shall be a fund for the benefit of all bonds issued under such resolution, without distinction or priority of one over the other. Subject to the provisions of the resolution authorizing the issuance of the bonds, surplus moneys in the sinking fund may be applied to the purchase or redemption of any of such bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

HISTORY: Codes, 1942, § 7464-21; Laws, 1958, ch. 365, § 21; Laws, 1967, Ex. Sess. ch. 7, § 6, eff from and after passage (approved June 29, 1967).

§ 59-5-61. Refunding bonds.

The board is authorized to provide by resolution for the issuance of refunding bonds by the state bond commission for the purpose of refunding any bonds issued under the provisions of this chapter and then outstanding, together with interest thereon to the date of such refunding bonds, and redemption premium thereon, if any. The issuance of such refunding bonds, the maturity, and all other details thereof, the rights of the holders thereof and the duties of the board and state port authority in respect thereto shall be governed by the provisions of this chapter in so far as the same may be applicable.

HISTORY: Codes, 1942, § 7564-22; Laws, 1958, ch. 365, § 22, eff from and after passage (approved April 28, 1958).

§ 59-5-63. Bonds as legal investments and securities for deposits of public funds.

All bonds issued under the provisions of this chapter shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies, the board of trustees of the public employees’ retirement system, and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

HISTORY: Codes, 1942, § 7564-23; Laws, 1958, ch. 365, § 23, eff from and after passage (approved April 28, 1958).

§ 59-5-65. Representation of Sate Bond Commission by Attorney General; payment of costs of sale, issuance and delivery of bonds.

Except as otherwise authorized in Section 7-5-39, the Attorney General of the State of Mississippi shall represent the State Bond Commission in issuing, selling and validating bonds herein provided for. The State Bond Commission is hereby authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds herein provided for, and such costs may be paid for out of the proceeds derived from the sale of such bonds.

HISTORY: Codes, 1942, § 7564-27; Laws, 1958, ch. 365, § 27; Laws, 1991, ch. 397 § 3; Laws, 2012, ch. 546, § 27, eff from and after July 1, 2012.

§ 59-5-67. Annual audit of state port authorities.

The books and accounts of all state port authorities shall be audited at the end of each fiscal year by the state auditor. A copy of the audit shall be filed with the governor, the state auditor, the state fiscal management board, legislative budget office and the Mississippi Board of Economic Development, and a copy shall be kept on file in the office of the particular state port authority so audited.

HISTORY: Codes, 1942, § 7564-32; Laws, 1970, ch. 304, § 1; Laws, 1984, ch. 488, § 251, eff from and after July 1, 1984.

§ 59-5-69. Annual budget of state port authorities.

Each state port shall adopt a complete, detailed and itemized budget for each fiscal year and all expenditures shall be made only pursuant to appropriation approved by the legislature and as provided by law.

HISTORY: Codes, 1942, § 7564-33; Laws, 1970, ch. 304, § 2; Laws, 1984, ch. 488, § 252, eff from and after July 1, 1984.

§ 59-6-1. “Deep Draft Harbor and Terminal” defined.

For the purpose of this chapter, the term “Deep Draft Harbor and Terminal” means a structure, series of structures, or facility of any type located on the continental shelf off the coast designed to accommodate deep draft vessels whose draft is greater than the depths of the present United States’ harbors and waterways commonly used by oceangoing traffic, and includes all functionally-related structures and facilities which are necessary or useful to the operation of the terminal whether on land or seaward of the main structure or facility.

HISTORY: Laws, 1973, ch. 379, § 1, eff from and after passage (approved March 26, 1973).

§ 59-6-3. Authorization of compact.

The governor, on behalf of this state, is hereby authorized to execute a compact, in substantially the form as provided hereinafter, with the State of Alabama.

HISTORY: Laws, 1973, ch. 379, § 2, eff from and after passage (approved March 26, 1973).

§ 59-6-5. Basic form of compact.

The basic form of the compact shall be as follows:

ARTICLE I. The purpose of this compact is to promote the development of a deep draft harbor and terminal to be located on the continental shelf of the United States, in the Gulf of Mexico, and to establish a joint interstate authority to assist in this effort.

ARTICLE II. This compact shall become effective immediately upon ratification by the legislature of each state. Any state not mentioned in this section which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

ARTICLE III. The states which are parties to this compact (hereinafter referred to as “party states”) do hereby establish and create a joint agency which shall be known as the Gulf Coast Superport Development Authority (hereinafter referred to as the “Authority”). The membership of which authority shall consist of the governor of each party state and five (5) other citizens of each party state, to be appointed by the governor thereof. Each appointive member of the authority shall be a citizen of that state who is interested in the promotion and development of deep draft harbor and terminals, and in the economic and industrial development of the south. The appointive members of the authority shall serve for terms of four (4) years each. Vacancies on the authority shall be filled by appointment by the governor for the unexpired portion of the term. The members of the authority shall not be compensated, but each shall be entitled to actual expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice-chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of a Gulf Coast deep draft harbor and terminal. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the development of a Gulf Coast deep draft harbor and terminal, and to make reports thereon; to acquire, by gift or otherwise, and hold and dispose of such money and property as may be provided for the proper performance of their function; to cooperate with other public or private groups, whether local, state, regional, or national, having an interest in the development of deep draft harbors and terminals; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate offices and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the development of a deep draft harbor and terminal and to carry out the purposes of this compact.

ARTICLE IV. The authority shall appoint an executive secretary, who shall be the compact administrator. His term of office shall be at the pleasure of the authority and shall receive such compensation as the authority shall prescribe. He shall maintain custody of the authority’s books, records, and papers, which he shall keep at the office of the authority, and he shall perform all functions and duties, and exercise all powers and authorities, that may be delegated to him by the authority.

ARTICLE V. Each party state agrees that, when authorized by its legislature, it will from time to time make available and pay over to the authority such funds as may be required for the establishment and operation of the authority. The contribution of each party state shall be in the proportion that its population bears to the total population of the states which are parties hereto, as shown by the most recent official report of the United States Bureau of the Census, or upon such other basis as may be agreed upon.

ARTICLE VI. Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other harbor or terminal project, or to affect any existing or future cooperative arrangement or relationship between any federal agency or a party state.

ARTICLE VII. This compact shall continue in force and remain binding upon each party state until the legislature or governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the legislature or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.

HISTORY: Laws, 1973, ch. 379, § 3, eff from and after passage (approved March 26, 1973).

§ 59-6-7. Grant of powers; authority and duties of state officers; appointment of members of authority.

There is hereby granted to the governor, to the members of the Gulf Coast Superport Development Authority for Mississippi and to the compact administrator all the powers provided for in said compact and in this chapter. All officers of the State of Mississippi are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purpose of said compact. The members of the authority appointed by the governor of the State of Mississippi under the provisions of Article III of the compact shall be with the advice and consent of the senate.

HISTORY: Laws, 1973, ch. 379, § 4, eff from and after passage (approved March 26, 1973).

§ 59-7-1. Payment of portion of state ad valorem taxes collected by certain counties into county depository.

In all counties in the State of Mississippi in which there is located a harbor or port of entry where commodities are exported to foreign nations, and where there is maintained a channel and/or harbor or port to a depth of not less than twenty feet, the tax collector of said county shall pay into the county depository, the amount of two mills of all ad valorem taxes due by said county to the State of Mississippi which is collected by the tax collector of said county or which may be collected by any other lawful taxing agency of such county and state for such county.

HISTORY: Codes, 1942, § 7565; Laws, 1932, ch. 269; Laws, 1968, ch. 361, § 11, eff from and after January 1, 1972.

§ 59-7-3. Port fund.

The board of supervisors of the county or counties designated in section 59-7-1 shall place all money so retained and collected in the county depository in the county to the credit of a fund which shall be known as a port fund, and such fund so deposited shall be used only for the maintenance, construction, promotion, advertising and general advancement of the port of entry so located in said county, and the fund shall be expended by the board of supervisors of the county for the maintenance, construction, promotion, advertisement, and general advancement of any port or ports of entry in said county or counties and the payment of any outstanding bonds and interest thereon heretofore or hereafter issued for port purposes by any municipality in which said port or ports are located as hereinafter provided.

HISTORY: Codes, 1942, § 7566; Laws, 1932, ch. 269; Laws, 1935, ch. 66.

§ 59-7-5. Authorization of municipal harbor improvements.

The authorities of any municipality in which there is situated and located, in whole or in part, a port of entry through which commodities are imported and exported to foreign nations, which maintains a channel and/or harbor to a depth of not less than twenty feet, are hereby given the authority to engage in, through the agency hereinafter provided and designated and such other agencies as hereinafter may be provided by law, work of internal improvement, or promoting, developing, constructing, maintaining, and operating harbors or seaports within the state and its jurisdiction, acting through the commission hereinafter provided for, shall have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, use, control and operate at seaports, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses and other water and rail terminals and other structures, and facilities needful for the convenient use of the same in the aid of commerce including the dredging of approaches thereto, provided that such work on improvements and facilities shall always be and remain under the management and control of said municipality through the governing agency hereinafter provided and designated, or other such governing agency or agencies as hereinafter may be provided by law. The entire cost of the said municipality of engaging in such work or development shall not exceed the sum of one million dollars ($1,000,000.00).

HISTORY: Codes, 1942, § 7567; Laws, 1932, ch. 269.

§ 59-7-7. Operation of improvements; disposition of revenues; annual report.

All improvements, constructed by and under the provisions of this article, shall be operated under the control of a port commission as provided in Chapter 1 of this title. All revenue created or collected from the use of said docks, harbors and facilities of whatsoever nature shall be paid into the city treasury of said port of entry to be used exclusively for the advancement, development and advertising of said port in whatsoever method or manner said port commissioners shall see fit, and all revenue provided for in this article, either by levy or collection from said docks and harbor facilities may be paid to the retirement of any bonds heretofore issued or hereafter issued by any such municipality for wharf construction or other port purposes, regardless of the time of issuance of such bonds. Said port commissioners of said port of entry shall make an annual report to the governor of the State of Mississippi, to the state legislature, to the board of supervisors, and to the municipal governing authorities.

HISTORY: Codes, 1942, § 7568; Laws, 1932, ch. 269; Laws, 1935, ch. 66; Laws, 1970, ch. 406, § 1, eff from and after July 1, 1970.

§ 59-7-9. Expenditure of funds arising under article; bonds generally.

All monies accruing by virtue of this article, either through revenues, tariffs, or bonds, or through other sources, shall be expended at the direction of the port commission appointed for any port of entry, as designated herein, and any bond issue hereunder by any municipality, coming under the provisions of this article, shall be exclusive of any and all other bonds issued by said municipality, and the same shall not be limited as now provided by law.

HISTORY: Codes, 1942, § 7569; Laws, 1932, ch. 269.

§ 59-7-11. Authorization for issuance of bonds generally.

The authorities of any municipality in which there is situated and located in whole or in part a port of entry through which commodities are imported or exported are hereby given authority to issue bonds or other obligations to construct all needful improvement or improvements in harbors within their corporate limits, and including the deepening of any part of said harbor or extending, enlarging and adding to the same by dredging of any part of said harbor or extending inland, to acquire, construct, repair and improve public wharves and docks of said municipality in connection with said harbor; to own, construct, lease and maintain sheds, warehouses, elevators, compresses and other works of public improvement, including roadways or rail trackage necessary or useful for such port, harbor and/or docks and wharf purposes.

HISTORY: Codes, 1942, § 7570; Laws, 1932, ch. 269.

§ 59-7-13. Details of bonds; supplemental powers and authorizations for issuance of bonds.

All of the bonds issued pursuant to the authority set forth in Section 59-7-11 shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, and shall be in sums not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) each, and shall be registered as issued, be numbered in a regular series from one (1) upward, be signed by the mayor and countersigned by the clerk who shall impress the municipal seal upon each bond as it is issued; and every bond shall specify on its face the purpose for which it was issued; and the total amount authorized to be issued and each shall be payable to bearer. All such monies above referred to, as retained by the boards of supervisors, shall first be appropriated by the boards of supervisors for the payment of interest and sinking fund for any and all bonds issued by the municipality for port purposes and the balance, if any, shall be expended by the boards of supervisors by and under the direction and advice of the port commission of said municipality. However, in case there is not sufficient money to pay the interest and sinking funds on said bonds the corporate authorities of municipalities issuing said bonds shall levy annually a special levy to be used exclusively in paying the interest on each bond and bonds maturing within the year providing a sinking fund for the redemption of the bonds issued. However, such tax levy shall not be made by municipalities to pay bonds, nor the interest thereon, issued under article 7 of this chapter.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

HISTORY: Codes, 1942, § 7571; Laws, 1932, ch. 269; Laws, 1935, ch. 66; Laws, 1983, ch. 494, § 28, eff from and after passage (approved April 11, 1983).

§ 59-7-15. Conduct of bond issue election generally.

Before issuing the bonds authorized by Section 59-7-11, the corporate authorities shall by resolution spread upon the minutes, declare their intention of issuing said bonds, fixing in said resolution the maximum amount thereof, and the purpose for which they are issued and where an election is required shall fix in such resolution a date upon which an election shall be held in said municipality, of which not less than three weeks notice shall be given by the clerk by a notice published in a newspaper published in said municipality once a week for three weeks preceding said election at three public places in said municipality. Such election shall be held as far as practicable, as other elections are held in municipalities.

HISTORY: Codes, 1942, § 7572; Laws, 1932, ch. 269.

§ 59-7-17. Qualifications of electors; form and marking of ballots; issuance of bonds without election.

At an election required by Section 59-7-15, all qualified electors of said municipality may vote, and the ballots used shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words, “For the bond issue”, and the words, “Against the bond issue”, and the voter shall vote by placing a cross (X) opposite his choice of the proposition. In cities of less than twelve thousand inhabitants, when the amount to be issued is not more than thirty thousand dollars the corporate authorities shall publish the resolution in some newspaper published in the county for three full consecutive weeks as herein provided, declaring their intention to issue said bonds, giving the day and date upon which said bonds are to be issued and if twenty per cent of the qualified electors of the municipality file a written protest against the issuance of said bonds, on or before said date, then an election shall be had as herein provided, and if no protest shall be filed, said bonds shall be issued without an election.

HISTORY: Codes, 1942, § 7573; Laws, 1932, ch. 269.

§ 59-7-19. Issuance of bonds; maturities, interest, and execution; payment of principal and interest on bonds.

Should the election provided for in Sections 59-7-15 and 59-7-17 result in favor of the issuance of the bonds, the corporate authorities may issue said bonds, either in whole or in part within one (1) year after the date of such election or within (1) year after final favorable determination of any litigation affecting such bonds, as may be deemed best, and should the bonds be issued by the municipalities without an election therefor as provided. All bonds shall mature annually, with all maturities not longer than twenty (20) years, with not less than one-fiftieth (1/50) of the total issue to mature each year during the first five (5) years of the life of said bonds, and not less than one-twenty-fifth (1/25) of the said total issue to mature annually during the succeeding ten-year period of the life of said bonds, and the remainder to be divided into approximately equal payments, one (1) payment to mature during each year of the remaining life of the bonds. Said bonds shall not bear a greater rate of interest than that allowed in Section 75-17-101, Mississippi Code of 1972, payable semiannually, the denomination and form and place of payment to be fixed in the ordinance of the corporate authorities issuing said bonds, and they shall be prepared and signed by the mayor and clerk of said municipality with the seal of the municipality affixed thereto, but the coupons may only bear a facsimile signature of such mayor and clerk. Such bonds when issued, shall constitute a lien on all the taxable property in such municipality and county and the corporate authorities shall annually levy a special tax on all such property sufficient to pay the principal and interest of such bonds as the same falls due, if there not be sufficient funds provided herein.

HISTORY: Codes, 1942, § 7574; Laws, 1932, ch. 269; Laws, 1981, ch. 462, § 15; Laws, 1982, ch. 434, § 28; Laws, 1983, ch. 541, § 36, eff from and after passage (approved April 25, 1983).

§ 59-7-21. Disposition of proceeds from bonds; penalty for diversion; guarantee of payment.

The proceeds of any bonds issued under the authority of this article shall be placed in the municipal treasury or depository, if there be one, as a special fund and shall be used for no other purpose than the purpose set forth in the original resolution of the corporate authorities of such municipality, and any officer diverting or assisting to divert any such funds to any other purpose than the purpose originally set forth in said resolution of the corporate authorities of said municipality shall be guilty of a misdemeanor and punishable accordingly, and shall be liable both personally and on his official bond for such diversion. Nothing in this article shall be construed as a guarantee on the part of the State of Mississippi to pay the interest or principal on any bonds issued under this article.

HISTORY: Codes, 1942, § 7575; Laws, 1932, ch. 269.

§ 59-7-101. Nature and application of article.

This article is supplementary and in addition to Article 1 of this chapter, and shall not apply to any county or counties of the state already receiving two mills of the state ad valorem taxes for port or harbor purposes.

HISTORY: Codes, 1942, § 7576-16; Laws, 1954, Ex. Sess. ch. 28, § 16.

§ 59-7-103. Port fund; procedure for bringing county within provisions of article.

1. In order to provide for the improvement, promotion, development, construction, maintenance and operation of harbors or ports in counties having or hereafter providing harbors or ports where wharf or terminal or other facilities exist for the handling of inbound or outbound waterborne cargo moving in interstate or foreign commerce and where there is maintained a channel, harbor or port with a depth of not less than nine (9) feet, there shall be and there is hereby created in each such county electing to exercise the provisions of this article a special fund to be known as the “port fund,” into which payments shall be made as follows:
   1. The tax collector of each such county electing to come under this article shall deduct from all state ad valorem taxes collected by him a sum equal to the avails of a levy of two (2) mills on the dollar of the assessed valuation of taxable property within such county upon which state ad valorem taxes are levied and collected. The amount so deducted shall be set aside by the tax collector and shall by him be paid into the said port fund of such county. Such payments shall be continued as long as there remains unpaid and outstanding any bonded indebtedness created by the board of supervisors of such county as hereinafter provided.
   2. The board of supervisors of each such county electing to exercise the provisions of this article shall pay or cause to be paid into the aforesaid port fund a sum equal to one-fourth (1/4) of the sum paid into said fund under subsection (a) above and such payments shall be continued as long as there remains unpaid and outstanding any bonded indebtedness created by such board of supervisors as hereinafter provided. Any such board of supervisors shall provide the sum herein required either by appropriation from any available funds of the county or by the levy, in addition to all other county taxes, of a tax of not more than two (2) mills on the dollar of the assessed valuation of taxable property within such county upon which taxes for the general county fund are levied and collected. In case of a special tax levy as herein authorized, the tax collector of each such county shall set aside the avails of such levy and shall pay the same directly into the port fund of such county.
   3. The port commission hereinafter provided for shall pay into the port fund all of the revenues of whatsoever nature which may be derived from or through the use of the harbor, port, wharf or terminal facilities under its jurisdiction as hereinafter provided.
2. In order to come within the provisions of this article, the board of supervisors of any such county shall, by appropriate resolution spread upon its minutes, declare its intention so to do and shall annually provide for the necessary matching county funds. A certified copy of such resolution shall be filed with the tax collector of such county and shall constitute his authority to set aside the taxes hereinabove referred to and to pay the same into the aforesaid port fund.

   Provided further, that any county in the State of Mississippi through which a river or other stream flows, and which stream is classed as navigable and maintained as such by any agency of the federal government, and wherein harbors, wharves, ports, terminals or other facilities exist or are proposed or established hereafter for the handling of inbound or outbound waterborne cargo moving in interstate or foreign commerce, and where there is maintained a channel, harbor or port of such depth necessary for said purposes, then in such event such county may come under the provisions of this article if and when its application to come under the provisions of this article is approved by the Mississippi Board of Economic Development, which board shall adjudicate and determine the feasibility of said project so applied for and whether or not it is economically feasible. Certified copies of the order of said board shall be filed with the auditor of public accounts and the tax collector of such county affected.

HISTORY: Codes, 1942, § 7576-01; Laws, 1954, Ex. Sess. ch. 28, § 1; Laws, 1958, ch. 583; Laws, 1962, ch. 390; Laws, 1968, ch. 361, § 12; Laws, 1984, ch. 488, § 253, eff from and after July 1, 1984.

§ 59-7-105. Issuance of bonds by board of supervisors.

To provide additional or supplemental funds for the aforesaid purposes, and in connection therewith to acquire and develop water, air and rail terminals, rail lines, and such other structures, facilities, lands, property or rights therein needful for the convenient use of the same in the aid of commerce, and land for industrial operations, including the establishment and development of industrial parks, as provided in Section 59-9-17 and related sections, the board of supervisors of any such county may issue bonds of such county in an amount not exceeding the principal sum of eleven million dollars ($11,000,000.00). No county shall issue bonds under the provisions of this article which will result in outstanding bonded indebtedness incurred under the provisions of this article in excess of eight million dollars ($8,000,000.00) unless and until the question of the issuance of such bonds shall have been submitted to and approved by a majority of the qualified electors of the county voting in an election called and held for the purpose of considering whether or not such bonds should be issued. The first six million dollars ($6,000,000.00) in aggregate original principal amount of bonds issued under authority of this article shall not be included in computing any present or future debt limit of such county under any present or future law.

HISTORY: Codes, 1942, § 7576-02; Laws, 1954, Ex. Sess. ch. 28, § 2; Laws, 1960, ch. 205; Laws, 1962, ch. 391; Laws, 1964, ch. 426; Laws, 1974, ch. 445; Laws, 1978, ch. 411, § 1; Laws, 1980, ch. 324, § 1; Laws, 1982, ch. 359; Laws, 1984, ch. 423, eff from and after passage (approved April 23, 1984).

§ 59-7-107. Details of bonds; supplemental powers and authorizations as to bond issues.

All bonds authorized by Section 59-7-105 shall be negotiable instruments within the meaning of the Mississippi Uniform Commercial Code, shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, shall be registered as issued, shall be numbered in a regular series from one (1) upward, and each bond shall specify on its face the purpose for which it was issued and the total amount authorized to be issued, shall be payable to bearer, and the interest to accrue thereon shall be evidenced by proper coupons to be attached thereto. Such bonds shall be executed by the manual of facsimile signature of the president of the board of supervisors, or the vice president in the absence or disability of the president, and countersigned by the manual of facsimile signature of the clerk thereof, with the official seal of the county affixed thereto. At least one (1) signature on each bond shall be a manual signature, as specified in the issuing resolution. The coupons may bear only the facsimile signatures of such president, or vice president and clerk. All such bonds shall be sold at public sale as provided by law, and no such bonds shall be issued and sold for less than par and accrued interest, and not more than one (1) series of interest coupons shall be attached to any such bonds. All interest accruing on such bonds shall be payable semiannually, except that the first interest coupon attached to any such bond may represent interest for any period not exceeding one (1) year.

Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

HISTORY: Codes, 1942, § 7576-03; Laws, 1954, Ex. Sess. ch. 28, § 3; Laws, 1978, ch. 411, § 2; Laws, 1983, ch. 494, § 29; eff from and after passage (approved April 11, 1983).

§ 59-7-109. Maturities of bonds; interest.

All bonds authorized by Section 59-7-105 shall mature annually, with all maturities not longer than twenty (20) years, with not less than one-fiftieth (1/50) of the total issue to mature each year during the first five (5) years of the life of such bonds, not less than one-twenty-fifth (1/25) of the total issue to mature each year during the succeeding ten-year period of the life of such bonds, and the remainder to be divided into approximately equal annual payments, one (1) payment to mature each year for the remaining life of such bonds. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101, Mississippi Code of 1972. The denomination, form and place or places of payment of such bonds shall be fixed in the resolution or order of the board of supervisors issuing such bonds.

No interest payment shall be evidenced by more than one (1) coupon, and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than sixty percent (60%) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate allowed on such bonds.

Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%), and a zero rate of interest cannot be named.

HISTORY: Codes, 1942, § 7576-04; Laws, 1954, Ex. Sess. ch. 28, § 4; Laws, 1970, ch. 408, § 1; Laws, 1976, ch. 443; Laws, 1978, ch. 411, § 3; Laws, 1980, ch. 324, § 2; Laws, 1981, ch. 462, § 16; Laws, 1982, ch. 434, § 29; Laws, 1983, ch. 541, § 37, eff from and after passage (approved April 25, 1983).

§ 59-7-111. Levy of special tax for payment of principal and interest on bonds; port bonds interest and sinking fund.

The board of supervisors of any county which shall have issued bonds under the provisions of this article shall, unless there be sufficient funds otherwise available therefor in the port bonds interest and sinking fund, annually levy a special tax upon all of the taxable property within such county at a rate which shall be sufficient to provide for the payment of the principal of and the interest on such bonds according to the terms thereof. All taxes thus collected shall be credited to a special fund in the county treasury of such county to be known and designated as the “port bonds interest and sinking fund,” and all sums credited to said fund shall be used to pay such bonds as they mature and the interest thereon as it accrues, and for no other purpose. It shall be the mandatory duty of such board of supervisors to transfer funds from said port fund to the port bonds interest and sinking fund in amounts sufficient to pay maturing principal and accruing interest on bonds issued hereunder, if balances standing to the credit of said port fund are sufficient for that purpose. To the extent that funds are thus made available for the payment of such bonds and the interest thereon, the special tax levy hereinabove provided for may be correspondingly reduced. The said bonds nevertheless shall be general obligations of the county issuing the same, and the full faith, credit and resources of such county shall be pledged to the payment thereof and the interest thereon.

HISTORY: Codes, 1942, § 7576-05; Laws, 1954, Ex. Sess. ch. 28, § 5.

§ 59-7-113. Resolution of intention to issue bonds; bond issue election generally.

Before issuing any bonds for any of the purposes herein enumerated, the board of supervisors shall adopt a resolution declaring its intention so to do, stating the amount of bonds proposed to be issued and the purpose for which the bonds are to be issued, and the date upon which the board proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three consecutive weeks in at least one newspaper published in such county. The first publication of such resolution shall be made not less than twenty-one days prior to the date fixed in such resolution for the issuance of the bonds, and the last publication shall be made not more than seven days prior to such date. If no newspaper be published in such county, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such resolution for at least twenty-one days next preceding the date fixed therein at three public places in such county. If twenty per cent (20%) of the qualified electors of the county shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as is herein provided. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, at any time within a period of two years after the date specified in the above-mentioned resolution. However, the board of supervisors, in its discretion, may nevertheless call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to issue such bonds as herein provided.

HISTORY: Codes, 1942, § 7576-06; Laws, 1954, Ex. Sess. ch. 28, § 6.

§ 59-7-115. Notice of election on bond issue.

Where an election is to be called, as provided in Section 59-7-113, notice of such election shall be signed by the clerk of the board of supervisors and shall be published once a week for at least three consecutive weeks, in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed for such election and the last publication shall be made not more than seven days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county, and, in addition, by posting a copy of such notice for at least twenty-one days next preceding such election at three public places in such county.

HISTORY: Codes, 1942, § 7576-07; Laws, 1954, Ex. Sess. ch. 28, § 7.

§ 59-7-117. Conduct of election on issue of bonds; qualifications of electors; form and marking of ballots.

The election provided for in Sections 59-7-113 and 59-7-115 shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such county may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words “FOR THE BOND ISSUE” and “AGAINST THE BOND ISSUE,” and the voter shall vote by placing a cross (x) or check mark (Π) opposite his choice on the proposition.

HISTORY: Codes, 1942, § 7576-08; Laws, 1954, Ex. Sess. ch. 28, § 8.

§ 59-7-119. Duties of board of supervisors as to elections.

When the results of the election on the question of the issuance of bonds under the provisions of this article shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not three-fifths (3/5ths) of the qualified electors who voted in such election voted in favor of the issuance of such bonds and, unless three-fifths (3/5ths) of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should three-fifths (3/5ths) of the qualified electors who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best.

HISTORY: Codes, 1942, § 7576-09; Laws, 1954, Ex. Sess. ch. 28, § 9.

§ 59-7-121. Disposition of proceeds of bond issues; penalties for diversion.

The proceeds of any bonds issued by any county pursuant to the provisions of this article shall be placed in the county treasury or depository, if there be one, in a special fund and shall be expended by the board of supervisors of such county for the purpose or purposes for which the bonds were authorized to be issued, and for no other. If the board of supervisors of any such county or any member thereof or any other officer shall willfully divert or aid or assist in diverting any such fund, or any part thereof, to any purpose other than that for which such bonds were authorized to be issued, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the state penitentiary for a term not exceeding five years and, in addition, shall be liable personally on his official bond for the amount so diverted. Any member of such board of supervisors may escape the penalty herein provided for by having his vote recorded in the negative on any illegal diversion of the proceeds of such bonds.

HISTORY: Codes, 1942, § 7576-10; Laws, 1954, Ex. Sess. ch. 28, § 10.

§ 59-7-123. Transfer of proceeds of bond issue to port bonds interest and sinking fund.

Whenever a balance shall remain in the proceeds of any bond issue after the purpose for which such bonds were issued shall have been accomplished, such balance shall forthwith be transferred to the port bonds interest and sinking fund hereinabove provided for.

HISTORY: Codes, 1942, § 7576-11; Laws, 1954, Ex. Sess. ch. 28, § 11.

§ 59-7-125. Port commission; composition, dissolution, oath, bond, terms and quorum.

1. All improvements constructed by the board of supervisors under the provisions of this article shall be operated and maintained by a port commission composed of five (5) residents of such county who shall be qualified electors therein. Such commission shall have jurisdiction over the port, terminals, harbors and passes leading thereto, and all vessels, boats and wharves, common carriers, and public utilities therein, using the same, within their respective counties. Such port commission shall be appointed as follows: one (1) member shall be appointed by the Governor, two (2) shall be appointed by the board of supervisors of the county, and two (2) shall be appointed by the governing body of the municipality which is the county seat of such county in such cases where the county seat of such county is situate on or adjacent to such port facilities, otherwise, four (4) members shall be appointed by the board of supervisors. A county and a municipality may by joint resolution dissolve a port commission created under this section which is governed by a commission with two (2) commissioners appointed by each. The joint resolution must provide that the municipality relinquishes its duties and obligations related to the port, and that the county assumes all duties and obligations related to the port. Any commission so dissolved shall be reconstituted to consist of five (5) members, one (1) member appointed from each supervisor district. The board of supervisors shall provide for staggered terms in its order providing for the appointment of the reconstituted port commission. Before entering upon the duties of the office, each of such commissioners shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi, and shall give bond, to be approved by the board of supervisors, in the sum of Five Thousand Dollars ($5,000.00), conditioned upon the faithful performance of their duties. Such bond shall be made payable to the county and in case of breach thereof, suit may be brought on the relation of the county for the benefit of such port commission. Such commissioners shall hold office for a term of four (4) years from the date of their appointment and qualification and until their successor or successors shall be appointed and qualified as set out herein. Three (3) members of the port commission shall be necessary to constitute a quorum for the conducting of business.
2. The members of the board of supervisors shall be ex officio members of the port commission, but no bond shall be required of them in such capacity; provided, however, the members of the board of supervisors shall be nonvoting members of the port commission and shall not be included or counted for the determination of a quorum for conducting of business by the port commission unless and until the board of supervisors of a particular county, by order entered on its minutes, expressly provides that the members of the board of supervisors shall be voting members of the port commission and the number of members required for a quorum to conduct business of the port commission, but in no event shall the number required for a quorum to conduct business of the port commission be less than three (3).
3. All actions heretofore taken by the various port commissions at which at least three (3) members were present and which would otherwise have been legal actions except for the absence of a legal quorum being present and voting are hereby ratified, confirmed and approved.

HISTORY: Codes, 1942, § 7576-12; Laws, 1954, Ex. Sess. ch. 28, § 12; Laws, 1976, ch. 448; Laws, 1998, ch. 365, § 1, eff from and after passage (approved March 16, 1998).

§ 59-7-127. Meetings; officers.

When such port commissioners provided for in Section 59-7-125 shall have been appointed and shall have been qualified as set out herein, they shall meet at the regular meeting place of the board of supervisors of such county, after giving at least five days’ notice of the time and place of such meeting by publication in a newspaper published at the county seat of such county. At such meeting they shall elect a president and a secretary who shall be members of the commission, and adopt such rules as may govern the time and place for holding meetings, regular and special, not inconsistent with the provisions of this article.

HISTORY: Codes, 1942, § 7576-13; Laws, 1954, Ex. Sess. ch. 28, § 13.

§ 59-7-129. Powers and duties of commission generally.

The duties and powers of such port commission provided for in Section 59-7-125 shall be the same as those which are set forth and prescribed in Sections 59-1-9 and 59-1-27, except that the salary of the port director shall be subject to the approval of the board of supervisors.

HISTORY: Codes, 1942, § 7576-14; Laws, 1954, Ex. Sess. ch. 28, § 14.

§ 59-7-131. Recommendations by commission as to expenditure of funds.

It shall be the duty of such port commission, from time to time, to make recommendations to the board of supervisors of such county concerning expenditures to be made for the improvement, promotion, development, construction, maintenance and operation of the harbor and port facilities of such county, and shall annually submit to such board of supervisors a proposed budget for the operation and maintenance of such harbor and port facilities, which recommendations and budget shall be subject to approval of the board of supervisors. Except as provided in Section 59-7-111, the port fund shall be subject to expenditure by the port commission.

The port commission may recommend to the Legislative Budget Office, the State Fiscal Management Board, and the county board of supervisors that certain excess funds in the port fund be transferred to any industrial development authority within the county. Upon approval by the State Fiscal Management Board and the county board of supervisors, the port commission may transfer such excess funds, or any portion thereof which may be designated by the State Fiscal Management Board and county board of supervisors, as provided herein.

The port commission in any county bordering the Mississippi River and having a population of more than fifty-one thousand (51,000) but less than fifty-two thousand (52,000) according to the 1980 federal census may recommend to the board of supervisors the expenditure of excess funds in the port fund for the acquisition of lands in the county to be used for industrial development purposes. Upon the acquisition of such lands, excess funds in the port fund may also be expended to provide necessary utilities and other improvements the board of supervisors deems necessary and requisite for industrial development. Any lands acquired hereunder shall be titled in the name of the county.

For the purposes of this section, the term “excess funds” means monies determined to be in excess of those necessary to fund the budget for the fiscal year.

HISTORY: Codes, 1942, § 7576-15; Laws, 1954, Ex. Sess. ch. 28, § 15; Laws, 1983, ch. 532; Laws, 1984, ch. 488, § 254; Laws, 1986, ch. 323, eff from and after passage (approved March 13, 1986).

§ 59-7-201. Application and construction of article.

This article shall be applicable to all counties electing to come under the terms and provisions of Article 3 of this chapter and in which a flood control project has been authorized or may be authorized by the federal government which either directly or indirectly involves, or has the result of creating, a potential industrial area or the protection of such an area. This article is supplementary to said Article 3 of this chapter, and all other laws of this state concerning ports and harbors and shall not be construed by way of limitation on any of the powers or authority heretofore granted, but the authority conferred herein is in addition and cumulative thereto.

HISTORY: Codes, 1942, § 7576-21; Laws, 1956, ch. 183, § 1.

§ 59-7-203. Acquisition of lands after giving of assurances required by federal authorities.

Where any county in connection with any such flood control project has given or may give assurances of local cooperation required by the federal authorities, as authorized by law, the board of supervisors of such county shall have the added power and authority, if necessary or desirable for the fulfillment of such assurances, to acquire all lands and easements and rights-of-way, and the fee title to such lands where advisable, either by purchase or by condemnation and, if by condemnation, according to the existing statutes applicable to the acquisition by counties of property for public use.

Where any county of the state which operates any such project has been required to give its assurances by the federal authorities or other agency of the government of the United States of local cooperation and participation in any such project by agreeing to pay any part of the construction costs of such project or projects, then the board of supervisors of such county shall have the added power and authority, if necessary and desirable for the fulfillment of such assurances, to sign agreements with such federal authorities or other agency of the government of the United States whereby such participating county agrees to pay its part of the cost of such construction or any fractional part thereof, including interest of not more than three per cent (3%) per annum, and provided further that said assurances shall be due and payable within the primary term of forty years from the time such assurances are given.

HISTORY: Codes, 1942, § 7576-22; Laws, 1956, ch. 183, § 2; Laws, 1962, ch. 392, § 1, eff from and after passage (approved May 22, 1962).

§ 59-7-205. General duties and powers of port commission.

1. In any county where a port commission has been established or may be established and where the board of supervisors of said county directs that said commission undertake, on behalf of such county, jurisdiction over and duties in connection with the fulfillment of the assurances of local cooperation and handling of the harbor project upon which construction may be done by the federal government, as contemplated by Section 59-7-201, and where either all or over half of the lands and properties involved in said project are beyond the confines of any municipality lying within said county, then the board of supervisors of said county shall appoint four (4) members of said port commission in accordance with the terms and provisions of Section 59-7-125, and, where such port commission has been established or may be established in such instance, then said port commission shall undertake and perform the duties assigned to it by said board, as hereby authorized, and said commissions shall, in addition, manage and control all port facilities which may be authorized and constructed by virtue of the terms and provisions of Article 3 of this chapter, and all appurtenant and physical properties connected therewith, both real and personal, and shall provide for the regular inspection, repair, maintenance and improvement of said port facilitates. Said port commission, in the performance of its duties, may make any contract and authorize any purchases from any funds on hand in the port fund of any such county, which said contracts and purchases shall be made in accordance with Section 31-7-1 et seq. Said contracts and purchases shall include all contracts and purchases incidental to or necessary for the proper establishment, insurance, maintenance, repair, improvement and operation of said port facilities, including, if indicated for their protection, workmen’s compensation insurance for the benefit of any employees of said port commission.

   Any such port commission is further authorized and empowered, in its discretion, to own and operate any or all dock, terminal, warehouse or railroad facilities which may by it be deemed necessary or desirable to promote the development of any port or industrial facilities under its control or supervision and to such end such port commission is authorized and empowered to acquire by purchase, construction or lease any buildings, structure or equipment, to employ any personnel or technical assistance, to enter into any contracts with any persons, firms or corporations, and to establish, charge and collect any tariffs, rates or other charges in connection therewith, as may be deemed necessary or advisable to accomplish such purposes. Said port commission is likewise authorized and empowered to operate such dock, terminal, warehouse or railroad facilities through agents or lessees by such contractual or lease agreements as may be entered into by said port commission upon such terms and conditions as said commission may deem proper. The authority granted hereby shall extend only to the lands under the control and supervision of said port commission.

2. The powers and authority granted by this section are supplemental to all other powers and authority granted to said port commission and the same shall in nowise be construed to limit any such powers and authority heretofore granted.

HISTORY: Codes, 1942, § 7576-23; Laws, 1956, ch. 183, § 3; Laws, 1963, 1st Ex. Sess. ch. 31, §§ 1-3; Laws, 1980, ch. 440, § 24, eff from and after January 1, 1981.

§ 59-7-207. Operation of port facilities; employment of personnel.

The commission referred to in Section 59-7-205 may establish and operate said port facilities on such plan as it may determine upon, including the right to employ, or delegate to the port director the employment of such engineering and legal assistants and such subordinate personnel as the commission may deem necessary, to provide for the wages and compensation of the port director and all other employees; and, in their discretion, to require that the port director and such other subordinate personnel as may be deemed necessary and desirable post a bond written by a surety company or companies authorized to do business in the State of Mississippi in such amount as the commission may designate, conditioned on the faithful discharge of all of their duties as such employees, the premiums on such bonds to be paid from said port fund in the discretion of the commission.

HISTORY: Codes, 1942, § 7576-24; Laws, 1956, ch. 183, § 4.

§ 59-7-209. Delegation of additional duties, powers and rights to commission; approval of acts and expenditures of commission; liability of commissioners and counties.

The board of supervisors of any such county described in Section 59-7-201 may prescribe such further duties, powers and rights of such commission as may be within the authority of such board to delegate and provide for the reasonable compensation, if any, of the chairman and members of the commission, and shall provide that the acts of such commissioners shall regularly, and not less than quarterly or more than monthly, be reported to said board and be subject to its approval and concurrence by order spread upon the minutes of said board generally approving such reports and minutes. The obligations incurred and the expenditures authorized to be made by said commission shall in the manner herein set forth be subject to the approval of the board of supervisors of said county; and when and should the board decline to grant its approval of any act of said commission, it shall signify its reason for withholding that approval on the minutes of said board. All expenditures so authorized and provided for shall be made upon special port commission warrants to be countersigned by the clerk of said board. There shall be no personal obligation or liability on the part of any member of said commission except for a wilful wrong, nor shall there be any general obligation or liability on said county other than from the revenues derived from the operation of said port and revenues allocated by law to the aforesaid port fund of said county, except for the obligation of a condemnation award or for any such obligation which may be provided for in any trust indenture or resolution under which bonds are issued under the terms and provisions of Article 3 of this chapter.

HISTORY: Codes, 1942, § 7576-26; Laws, 1956, ch. 183, § 6.

§ 59-7-211. Sale, lease or conveyance of lands or easements.

In all such counties, described in Section 59-7-201, upon and with the approval of the board of supervisors, the port commission shall have the power and authority to sell or lease any lands or easements acquired by any such county in conjunction with the establishment and construction of any port or harbor under the jurisdiction of said commission for the purposes of industrial development, but the terms and provisions of any such sales or lease shall include limitations as to the use of such lands and easements for industrial activities integrated to water transportation in accordance with the terms and provisions of such assurances of local cooperation as may have been given by virtue of Section 51-35-15 or Section 51-35-17, Mississippi Code of 1972, and the provisions of this article. Furthermore, said port commission, upon and with the approval of the board of supervisors, shall have the power and is hereby authorized, in its discretion, to sell and convey to the United States of America, without any limitations whatsoever, by general or special warranty deed or other acceptable form or conveyance, the full title to any lands acquired or held by any such county in connection with the establishment and development of any harbor or port project under the jurisdiction of said commission in exchange for the title to lands of the United States of America deemed useful for or needed by any county in connection with the establishment, enlargement, development, construction or maintenance of any port or harbor project under the jurisdiction of said commission, or for such other consideration as said commission and said board find to be adequate and sufficient. Said port commission, upon and with the approval of the board of supervisors of the county, is further hereby authorized to donate and/or sell and convey, without any limitations, upon such terms and conditions as may be deemed proper by the said commission and said board of supervisors, to the United States of America any of the lands needed by the United States of America for navigation and/or flood control purposes, or in fulfillment of any authorized assurances which have been given or which may be given by said county to the United States of America, or for the purpose of the display of the Gunboat Cairo.

HISTORY: Codes, 1942, § 7576-27; Laws, 1956, ch. 183, § 7; Laws, 1964, ch. 467; Laws, 1966, ch. 275, § 4, eff from and after passage (approved June 16, 1966).

§ 59-7-213. Maintenance of records by commission; public inspection of records.

The port commission shall keep regular minutes of all its official actions and shall provide for an adequate bookkeeping system and regular audits and keep or cause to be kept full and correct records of the finances of said port commission and shall, from said port funds, provide for, and pay to the clerk of said board fees and sums as are found to be proper and reasonable for the extra duties and work hereby imposed upon him. All such minutes, books and records shall be kept in the office of the chancery clerk of the county in which the port is located or in such other place as the board of supervisors may designate by order spread upon their minutes to the end that such minutes, books and records shall, under reasonable conditions, be available at all times to the public for inspection.

HISTORY: Codes, 1942, § 7576-25; Laws, 1956, ch. 183, § 5.

§ 59-7-301. Construction and effect of article.

This article, as to the subject matters hereof, shall supersede all other laws, general, special or local, including charters of municipalities. Any municipality issuing bonds or other obligations pursuant to this article shall have no power thereafter to issue bonds or other obligations pursuant to the provisions of Article 1 of this chapter, unless and until all bonds or other obligations issued pursuant to this article, and interest thereon, have been fully paid and discharged.

HISTORY: Codes, 1942, § 7589; Laws, 1934, ch. 209.

§ 59-7-303. Levy of ad valorem tax in certain counties; disposition of proceeds of tax.

An ad valorem tax of two mills on each one dollar of the total assessed valuation of all the taxable property in each county or counties in the State of Mississippi, in which there is located a harbor or port of entry where commodities are exported to foreign nations, and where there is maintained a channel and/or harbor or port to a depth of not less than twenty feet, be, and the same is hereby, levied on all said taxable property, in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The receipts from said two-mill tax shall be withheld by the tax collector of said county, and/or by any other tax collecting agency authorized by law for the collection of said taxes, from receipts from state ad valorem taxes now in effect or which may be hereafter levied, so long as the state ad valorem taxes shall be not less than the two-mill tax herein levied. However, if no state ad valorem taxes equal to or greater than the said two-mill tax herein levied is now or shall be hereafter levied, then and in that event, the said two-mill tax herein levied shall continue to be levied and collected as herein provided in each such county or counties in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, shall pay over all moneys collected or to be collected as receipts from said two-mill tax to any trustee or successor thereto established as hereinafter in this article provided, and in the event that there is no such trustee, then said tax collector, and/or any other tax collecting agency authorized by law for collection of said taxes, shall pay over all such moneys into the county depository of each such county to the credit of a fund which shall be known as a port fund. Any such moneys so paid into the county depository of each such county to the credit of said port fund may be expended at the direction of the port commission, appointed for any port of entry as designated in chapter 1 of this title. But in no county within the terms of this article shall there be withheld from the state treasury under the provisions of this article and Article 1 of this chapter, for any one year an amount in excess of the receipts from said two-mill tax. The provisions of this article shall be deemed to be a contract with the holders of any bonds or other obligations issued pursuant to this article.

HISTORY: Codes, 1942, § 7577; Laws, 1934, ch. 209.

§ 59-7-305. Powers of municipal authorities as to promotion, development, etc., of harbors or seaports.

The authorities of any municipality in which there is situated and located, in whole or in part, a port of entry through which commodities are imported and exported to foreign nations, which maintains a channel and/or harbor to a depth of not less than twenty feet, are hereby given the authority to engage in, either directly or through the commission hereinafter provided and designated and such other agencies as hereafter may be provided by law, work of internal improvement, or promoting, developing, constructing, maintaining, and operating harbors or seaports within the state and its jurisdiction, and either directly or through the commission hereinafter provided for, shall have the power to acquire, purchase, install, rent, lease, mortgage, and/or otherwise encumber, to construct, own, hold, maintain, equip, use, control and operate at seaports, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, floating dry docks, graving docks, marine railways, tugboats, cold storage facilities and other water and rail terminals and other structures, and facilities needful for the convenient use of the same in the aid of commerce including the dredging of approaches thereto.

HISTORY: Codes, 1942, § 7578; Laws, 1934, ch. 209; Laws, 1960, ch. 435.

§ 59-7-307. Maintenance and operation of improvements and facilities by port commission; collection, etc., of rents, fees, etc.; disposition of revenues; annual reports.

All improvements and facilities constructed pursuant to Article 1 of this chapter, and/or constructed pursuant to this article, shall be maintained and operated under the control of the port commission as provided in chapter 1 of this title. The said port commission shall, subject to and in accordance with any agreement or agreements as may be made by any such municipality with the purchaser or purchasers of bonds or other obligations issued pursuant to this article, prescribe, levy and collect all rents, fees, tolls, revenues, and/or other charges in connection with the use and occupancy of the aforesaid improvements and facilities, and shall pay over all net revenues derived from the operation of said improvements and facilities to any trustee, or successor thereto, established as hereinafter in this article provided. Net revenues shall be deemed to be such as may be defined in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any bonds or other obligations issued pursuant to this article. The said port commission shall make an annual report to the governor of the State of Mississippi, to the municipality having such port of entry, and to the state legislature.

HISTORY: Codes, 1942, § 7579; Laws, 1934, ch. 209; Laws, 1970, ch. 409, § 1, eff from and after July 1, 1970.

§ 59-7-309. Authorization of issuance of bonds by municipalities; audit and inspection of accounts.

Any municipality, in which there is situated and located in whole or in part a port of entry through which commodities are imported or exported as aforesaid, is hereby given authority, upon the adoption of a resolution to such effect, to issue bonds or other obligations for any or all of the purposes as provided in this article. The books of account and other sources of information pertaining to duties under the provisions of this article, of any port commission, municipality and/or county affected by this article, shall be and remain at all times open to inspection and subject to audit by the holder or holders of any bonds or other obligations issued pursuant to this article.

HISTORY: Codes, 1942, § 7581; Laws, 1934, ch. 209.

§ 59-7-311. Exercise of authority for issuance of bonds; form, terms and conditions of bonds; execution of bonds; negotiability and sale of bonds; disposition of proceeds of sale; payment of principal and interests on bonds.

The power to issue bonds or other obligations authorized by this article and Section 59-5-31, shall be vested in and may be exercised from time to time by the governing bodies of any municipality or county so authorized in such laws.

Such revenue bonds may be issued without an election upon the adoption of a resolution of the board of supervisors of such county, declaring its intention to issue such bonds, and shall not be subject to any limitation as to amount, and shall not be included or computed in the statutory limitation of indebtedness of any such county. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the board of supervisors of such county. Such bonds shall mature in annual installments beginning not more than five years from date thereof and extending not more than thirty-five years from date thereof. Such bonds shall be signed by the president of the board of supervisors of such county, and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

All bonds and interest coupons issued under the provisions of this article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Mississippi Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.

The board of supervisors of such county shall sell such bonds in such manner and for such price as it may determine to be for the best interest of said county, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one time not less than ten days prior to the date of sale and shall be published in a newspaper published in and having general circulation within the county.

The proceeds of such bonds shall be paid into a special fund or funds in banks qualified to act as depositories for such county. The proceeds of such bonds shall be solely for the purposes for which they were issued, and the redeeming of any outstanding bonds, and shall be disbursed upon the order of the board of supervisors of such county, with such restrictions, if any, as the resolution authorizing the issuance of the bonds may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the purpose for which they were issued, and the redeeming of any outstanding bonds, unless otherwise provided in the resolution authorizing the issuance of such bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into the fund established for the payment of the principal of and the interest on such bonds.

Such bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this article. The bonds authorized under the authority of this article may, in the discretion of the board of supervisors of such county, be validated in the chancery court of such county in the manner and with the force and effect provided by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district, and other bonds.

The revenue bonds issued under the provisions of this section shall be payable solely out of the revenues to accrue from the operation of such project, development, improvement or utility systems, and the full faith and credit of the county shall not be pledged therefor, nor shall any ad valorem tax be levied therefor.

HISTORY: Codes, 1942, § 7585; Laws, 1934, ch. 209; Laws, 1938, Ex. ch. 49; Laws, 1960, ch. 436; Laws, 1962, ch. 395, § 2, eff from and after passage (approved May 26, 1962).

§ 59-7-313. Disposition of proceeds of bonds; penalties for diversion; guarantee of payment.

The proceeds from the sale of any bonds or other obligations issued pursuant to this article shall be placed to the credit of such municipality in a bank or banks which are members of the Federal Deposit Insurance Corporation and may be withdrawn therefrom in accordance with any agreement or agreements entered into between such municipality and the purchaser or purchasers of such bonds or other obligations and in accordance with the laws regulating the disbursement of municipal funds and shall be used for no other purpose than the purpose or purposes set forth in the original resolution of the governing body of such municipality. Any officer or other person diverting or assisting to divert any such funds to any other purpose or purposes than the purpose or purposes originally set forth in said resolution of the governing body of said municipality shall be guilty of a felony and punishable accordingly, and shall be liable both personally and on official bonds for such diversion. Nothing in this article shall be construed as a guarantee on the part of the State of Mississippi to pay the principal of or interest on any bonds or other obligations issued pursuant to this article.

HISTORY: Codes, 1942, § 7586; Laws, 1934, ch. 209; Laws, 1938, ch. 137.

§ 59-7-315. Mortgage or deed of trust securing bonds.

Any municipality issuing bonds or other obligations pursuant to this article by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust, in such form, with such validity and with such remedies as at present authorized under the laws of the State of Mississippi, on any or all properties, improvements and facilities, the acquisition, construction, maintenance and/or operation of which are provided for by this article. Such resolution or resolutions of said municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.

HISTORY: Codes, 1942, § 7587; Laws, 1934, ch. 209.

§ 59-7-317. Applicability of municipal debt limitations to bond issues; funds from which bonds payable.

The bonds or other obligations issued by any municipality of the State of Mississippi pursuant to this article shall not constitute a debt within the meaning of any statutory limitation as to the amount of debt which may be incurred by any such municipality, nor shall such bonds or other obligations be payable out of any funds other than the revenue collected or collectible from the use of said docks, harbors and facilities of whatsoever nature, and out of the receipts from the said two-mill ad valorem tax, in accordance with the provisions of Section 59-7-303.

HISTORY: Codes, 1942, § 7580; Laws, 1934, ch. 209.

§ 59-7-319. Exemption from taxation of bonds.

Bonds or other obligations issued pursuant to this article and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer and inheritance taxes, in so far as may be within the power of the State of Mississippi so to provide.

HISTORY: Codes, 1942, § 7584; Laws, 1934, ch. 209.

§ 59-7-321. Powers of municipality with respect to issuance of bonds.

In connection with the issuance of bonds or other obligations by any municipality pursuant to this article, or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

To accept grants from the United States of America, the president of the United States, the federal emergency administrator of public works, or such other agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed “federal agency”) pursuant to the national industrial recovery act and any further act of the congress of the United States providing for the construction of useful public works (hereinafter termed “national industrial recovery act”), for or in aid of work, development or improvement authorized by this article.

To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to the national industrial recovery act; to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property real and personal appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this article is an extension, addition, betterment or embellishment (hereinafter termed “work, development or improvement”), to carry out and perform the terms and conditions of any such contract or instrument.

To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

To covenant against the encumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon.

To covenant as to what other or additional debt may be incurred by such municipality.

To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations, issued pursuant to this article.

To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this article.

To covenant as to the fees, rents, revenues or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this article and to covenant for their prior redemption and to provide the terms and conditions thereof.

To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this article directly or indirectly by any means or in any manner.

To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this article.

To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this article, or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this article the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.

HISTORY: Codes, 1942, § 7582; Laws, 1934, ch. 209.

§ 59-7-323. Trustees.

Any municipality issuing bonds or other obligations pursuant to this article shall, so long as any such bonds or other obligations remain outstanding and unpaid, by resolution or resolutions duly adopted, authorize and appoint a trustee, satisfactory to the purchaser or purchasers of any bonds or other obligations issued pursuant to this article or any successor thereto, with the following powers and duties:

Such trustee so appointed, or any successor thereto, shall receive and receipt for all monies collected or to be collected as receipts from the aforesaid two-mill tax by the aforesaid tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, as provided for in Section 59-7-303;

Such trustee so appointed, or any successor thereto, shall receive and receipt for all monies paid or to be paid to it in accordance with Section 59-7-307, constituting the net revenues derived from the operation of the improvements and facilities authorized by this article;

Such trustee so appointed, or any successor thereto, shall deposit all monies received or to be received, in a special account or accounts in a bank or banks which are members of the Federal Deposit Insurance Corporation, with such provisions for security therefor as may be incorporated in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any such bonds or other obligations;

Such trustee so appointed, or any successor thereto, shall use and apply all such monies so received to the payment of principal of and interest on any bonds or other obligations issued by any municipality pursuant to this article, as the same become due, and shall use and apply any surplus remaining after such payment or payments for the prior redemption, with or without premium, of bonds or other obligations issued by any municipality pursuant to this article, or in accordance with the provisions of any agreement or agreements as may be made between any municipality issuing bonds or other obligations pursuant to this article and the purchaser or purchasers of such bonds or other obligations;

Such trustee so appointed, or any successor thereto, shall have and be vested with all rights, powers and duties, in addition to the foregoing, as may be provided for in any agreement or agreements between any municipality issuing bonds or other obligations pursuant to this article and the purchaser or purchasers of such bonds, or other obligations;

Such trustee so appointed, or any successor thereto, shall by an instrument in writing, accept such trust and shall file such written acceptance of such trust with the clerk of the municipality so appointing such trustee;

If such trustee so appointed, or any successor thereto, shall fail, neglect or refuse to perform any of the duties herein imposed or that may be imposed by reason of any of the provisions of any agreement or agreements as aforesaid, such trustee, or any successor thereto, shall, on the written request of twenty per centum or more in aggregate principal amount of the holder or holders of bonds or other obligations issued pursuant to this article, be removed, by resolution duly adopted by the municipality by which such trustee, or any successor thereto, was appointed; and in such event, it shall be the duty of any such trustee so removed to effectuate a valid transfer of all monies then in the possession or under the control of such trustee so removed to a duly appointed successor, and a failure on the part of such trustee so removed to do so shall constitute an embezzlement of such monies and shall be punishable accordingly;

In the event any such trustee so appointed, or any successor thereto, shall be removed as hereinabove provided, it shall be the duty of any municipality, which shall have removed any such trustee, immediately by resolution duly adopted to appoint a trustee, as successor thereto, who is satisfactory to said holder or holders of twenty per centum or more in aggregate principal amount of bonds or other obligations issued pursuant to this article.

HISTORY: Codes, 1942, § 7583; Laws, 1934, ch. 209; Laws, 1950, ch. 202.

§ 59-7-401. Construction and effect of article.

Nothing in this article shall be construed as repealing or altering any existing laws now on the statute books affecting any ports or port laws, and this article is to be considered supplementary, and any word, sentence or paragraph in this article that may be in conflict with the provisions of any other law shall not affect any such law. The constitutionality of this article shall not affect any existing law now on the statute, nor shall the constitutionality of any law now on the statutes be questioned with this article.

HISTORY: Codes, 1942, § 7605; Laws, 1940, ch. 290.

§ 59-7-403. Levy of ad valorem tax in certain counties; disposition of proceeds of tax.

An ad valorem tax of one mill on each one dollar of the total assessed valuation of all the taxable property in each county or counties in the State of Mississippi, in which there is located a port or harbor where there is maintained a channel to a depth of not less than eight feet, is hereby levied on all taxable property, in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The receipts from said one mill tax shall be withheld by the tax collector of said county, and/or by any other tax collecting agency authorized by law for the collection of said taxes, from receipts from state ad valorem taxes now in effect or which may be hereafter levied, so long as said state ad valorem taxes shall be not less than the said one mill tax herein levied. However, if no state ad valorem taxes equal to or greater than the said one mill tax herein levied is now or shall be hereafter levied, then and in that event, the said one mill tax herein levied shall continue to be levied and collected as herein provided in each such county or counties in or for each year in which the principal of or interest on any bonds or other obligations issued by any municipality pursuant to this article becomes due. The said tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, shall pay over all moneys collected or to be collected as receipts from the one mill tax to any trustee or successor thereto established as hereinafter provided in Section 59-7-429, and in the event that there is no such trustee, then said tax collector, and/or any other tax collecting agency authorized by law for collection of said taxes, shall pay over all such moneys into the county depository of each such county to the credit of a fund which shall be known as a port fund. Any such moneys so paid into the county depository of each such county to the credit of said port fund may be expended at the direction of the port commission, appointed for any port or harbor through which commerce flows and having not less than eight industries engaged in the seafood industry. The provisions of this article shall be deemed to be a contract with the holders of any bonds or other obligations issued pursuant to this article.

HISTORY: Codes, 1942, § 7590; Laws, 1940, ch. 290.

§ 59-7-405. Powers of municipal authorities as to promotion, development, etc., of harbors and seaports.

1. 1. The governing authorities of any municipality in which there is situated and located, in whole or in part, a port or harbor through which commerce flows, and having not less than eight (8) industries engaged in the seafood industry, which maintains a channel and/or harbor to a depth of not less than eight (8) feet, may engage in, either directly or through the commission hereinafter provided and designated, and such other agencies as hereafter may be provided by law, works of internal improvement, or promoting, developing, constructing, maintaining and operating harbors or seaports within the state and its jurisdiction, and either directly or through the commission hereinafter provided for, with the power and authority to acquire, purchase, install, rent, lease, mortgage and/or otherwise encumber, to construct, own, hold, maintain, equip, use, control and operate at seaports or harbors, wharves, piers, docks, warehouses, cold storage facilities, water and rail terminals, airplane landing fields and strips, and other structures and facilities, needful for the convenient use of the same in the aid of commerce and navigation, and including the dredging of channels and approaches to the facilities, and being authorized to fill in and reclaim bottomlands where incidental and necessary to the foregoing development.
   2. A municipality, which is operating a port through a port commission under this section, may dissolve the port commission as provided in Section 59-7-408 and directly operate and maintain the port as provided under this article.
2. The municipal authorities or commission, in connection with the exercise of the foregoing works of improvement and development, may as an adjunct to any such work of improvement or development to erect or construct such bridges, causeways or structures as may be required for access to and from the harbors or facilities provided as aforesaid by the municipal authorities or the commission, and including any necessary bridge or causeway or combination of the same, connecting with any island or islands lying within three (3) leagues of the main shoreline of the Mississippi Sound or the Gulf of Mexico, and whether the same be within or without the limits of the municipality concerned.
3. The municipal authorities or commission may procure, by gift, grant, purchase, or by the exercise of eminent domain, and for the public purposes and uses herein provided for, such land or interest therein as may be required for the purposes of this article, and regardless of whether the land be within or without the limits of the municipality involved.
4. The municipal authorities or commission, in the exercise of the powers granted hereunder, may provide any of the aforesaid facilities alone or in collaboration and in conjunction with any other public bodies, entities or commissions, as may now or hereafter be established by law.
5. The municipal authorities or commission may provide, among other harbor facilities, small craft and pleasure craft harbors and facilities needed therefor, including park and recreational facilities as an adjunct thereto, and in order to develop and promote tourist and recreational trade in the port.
6. The municipal authorities or commission have the power and authority to carry out the provisions of this article, to employ engineers, attorneys, and such employees as may be necessary in carrying out the provisions of this article, from time to time, and for the purpose of operating the facilities herein provided for, and may prescribe reasonable compensation in connection with such employment.

HISTORY: Codes, 1942, § 7591; Laws, 1940, ch. 290; Laws, 1960, ch. 344, § 1; Laws, 1984, ch. 444, § 1; Laws, 2004, ch. 385, § 1, eff from and after passage (approved Apr. 20, 2004.).

§ 59-7-407. Port commission; composition; appointment, compensation and terms of office of members; organization; dissolution.

A port commission created under this article shall consist of six (6) members who shall be qualified electors of the municipality operating under this article, and shall be appointed as follows: two (2) shall be appointed by the Governor, two (2) shall be appointed by the governing authorities of the municipality, and two (2) shall be appointed by the board of supervisors of the county. The commission shall have jurisdiction over the port, terminals, harbors and passes leading thereto, and all vessels, boats and wharves, common carriers and public utilities using the port. Commissioners shall be paid the uniform per diem compensation authorized in Section 25-3-69 for the discharge of official duties at meetings called in accordance with Section 59-7-409.

In the first instance, the two (2) commissioners appointed by the Governor shall be appointed for terms of five (5) and four (4) years, respectively, from the date of appointment; one (1) member appointed by the board of supervisors shall be appointed for a term of three (3) years from the date of appointment, and the members appointed by the governing authorities of the municipality shall be appointed for terms of two (2) and one (1) years, respectively, from the date of appointment. The additional member appointed by the board of supervisors shall be appointed to a term of five (5) years. After the first appointments, thereafter each member appointed shall be appointed for a term of five (5) years.

The commission shall, upon appointment, organize as provided in Section 59-7-409.

A port commission created under this article may be dissolved by the governing authorities of the municipality as provided under Section 59-7-408.

HISTORY: Codes, 1942, § 7592; Laws, 1940, ch. 290; Laws, 1960, ch. 344, § 2; Laws, 1984, ch. 444, § 2; Laws, 1998, ch. 371, § 1; Laws, 2004, ch. 385, § 2, eff from and after passage (approved Apr. 20, 2004.).

§ 59-7-408. Procedure and requirements for dissolution of municipal port commission.

1. The governing authorities of a municipality may dissolve a port commission created under this article by adopting a resolution in which they determine that the dissolution of the port commission is in the best interest of the citizens of the municipality and authorizing the municipality to assume the powers and duties of the port commission.
2. After the adoption of the dissolution resolution, the port commission shall enter into an agreement with the municipality which shall provide for:
   1. the transfer of all powers, duties, and responsibilities of the port commission to the municipality;
   2. the transfer of all property and assets, real and personal, of the port commission to the municipality;
   3. the assignment of all contracts, leases, agreements and revenue generated by the port commission to the municipality;
   4. the assumption by the municipality of all just claims and obligations of the port commission associated with the operation and maintenance of the port facilities; and
   5. any other provisions necessary for the implementation of the dissolution.
3. All tax levies and assessments used for existing bonded indebtedness shall continue until such indebtedness is paid.

HISTORY: Laws, 2004, ch. 385, § 3, eff from and after passage (approved Apr. 20, 2004.).

§ 59-7-409. Meetings of commission; officers.

The port commission established by Section 59-7-407 shall meet at a regular place to be designated by the port commission for organization as a port commission, after giving at least ten (10) days’ notice of the time and place of the meeting by publication in a newspaper published in the city, and they shall elect a president and secretary who shall be members of the commission. The president shall be elected annually and shall vote only in cases of a tie vote.

HISTORY: Codes, 1942, § 7593; Laws, 1940, ch. 290; Laws, 1998, ch. 371, § 2, eff from and after passage (approved March 16, 1998).

§ 59-7-411. Duties of commission generally; employees.

It shall be the duty of the commission to keep a minute book in which shall be recorded all of their acts, orders, rules and regulations. It shall be the duty of said commission to adopt rules and regulations not inconsistent with law to govern their official acts. It shall be the duty of said commission to make and publish all needful rules and regulations to govern the harbor, docks, and passes within its jurisdiction, and to fix tariffs, fees, fines, penalties and forfeitures for the violations of the rules and regulations of said commission, and said commission shall have the power to fix and determine all port and terminal charges, and it may enforce the collection thereof through any court of competent jurisdiction in this state. This section shall not apply to public utilities nor to railroad terminal charges covered by or carried in approved tariffs authorized by Interstate Commerce Commission nor to lawful railroad operation and activities.

It shall be the duty of said commission to employ such help, including a port director, secretary, and such other help as will be necessary to carry on the business and work of such commission, and it will be the duty of said port commissioners to see that all port employees, such as harbormaster, pilots, and any and all other necessary employees for the operation of said port, perform any and all such duties as required for the operation of said port, at salaries to be determined by said port commission.

HISTORY: Codes, 1942, § 7594; Laws, 1940, ch. 290.

§ 59-7-413. Maintenance and operation of improvements and facilities by commission; collection, etc., of rents, fees, etc.; disposition of revenues; annual reports.

All improvements and facilities constructed pursuant to this article shall be maintained and operated under the control of the port commission as provided by this article. The port commission shall, subject to and in accordance with any agreement or agreements as may be made by any such municipality with the purchaser or purchasers of bonds or other obligations issued pursuant to this article, prescribe, levy and collect all rents, fees, tolls, revenues and/or other charges in connection with the use and occupancy of the aforesaid improvements and facilities, and shall pay over all net revenues derived from the operation of said improvements and facilities to any trustee, or successor thereto, established as hereinafter provided in Section 59-7-429. The net revenues shall be deemed to be such as may be defined in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any bonds or other obligations issued pursuant to this article. The port commission shall make an annual report to the governor of the State of Mississippi, to the municipality having such port or harbor, and to the state legislature.

HISTORY: Codes, 1942, § 7595; Laws, 1940, ch. 290; Laws, 1970, ch. 410, § 1, eff from and after July 1, 1970.

§ 59-7-415. Authorization of issuance of bonds by municipalities; audit and inspection of accounts.

Any municipality, in which there is situated and located in whole or in part a port or harbor through which commerce flows and having not less than eight industries engaged in the seafood industry as aforesaid, is hereby given authority, upon the adoption of a resolution to such effect, to issue bonds or other obligations for any or all of the purposes as provided in this article. The books of account and other sources of information pertaining to duties under the provisions of this article, or any port commission, municipality and/or county affected by this article, shall be and remain at all times open to inspection and subject to audit by the holder or holders of any bonds or other obligations issued pursuant to this article.

HISTORY: Codes, 1942, § 7597; Laws, 1940, ch. 290.

§ 59-7-417. Exercise of authority for issuance of bonds; form, terms and conditions of bonds; execution of bonds; negotiability and sale of bonds; interim certificates.

The power to issue bonds or other obligations authorized by Section 59-7-415 shall be vested in, and may be exercised from time to time by the governing body of any such municipality described in said section. Such bonds or other obligations shall be authorized by resolution of the governing body of any such municipality and shall bear such date or dates, mature at such time or times, not exceeding twenty (20) years from their respective dates, be in such denomination, be in such form, either coupon or registered, carry such registration privileges, be executed in such a manner, be payable in such medium of payment, at such place or places, and be subject to such terms of prior redemption, with or without premium, as such resolution or resolutions may provide. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103. No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than seventy percent (70%) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate on such bonds.

Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%). Such bonds shall be executed by the manual or facsimile signature of the mayor and clerk of such municipality, with the seal of the municipality affixed thereto. At least one (1) signature on each bond shall be a manual signature, as specified in the resolution. The coupons may bear only the facsimile signatures of such mayor and clerk. Such bonds or other obligations may be sold at public or private sale for such price or prices as the governing body of such municipality shall determine, but in no case to exceed the rate of interest hereinbefore provided. No bonds shall be issued and sold under the provisions of this article for less than par and accrued interest.

Such bonds or other obligations may be issued by any municipality described in Section 59-7-415 in a principal amount not exceeding Seven Million Five Hundred Thousand Dollars ($7,500,000.00) outstanding at any one (1) time for any purpose or purposes authorized by Section 59-7-405. Such municipality shall have power, out of any funds available, to purchase any bonds or other obligations issued by it pursuant to this article, and all bonds or other obligations so purchased shall be cancelled, and no bonds or other obligations shall be issued in lieu thereof. In anticipation of the issuance of the definitive bonds authorized by this article, any such municipality may issue interim certificates. Such interim certificates shall be in such form, contain such terms, conditions or provisions, bear such date or dates, and evidence such agreement or agreements, relating to their discharge by payment or by the delivery of the definitive bonds, as such municipality, by resolution of its governing body, may determine. Any bonds, interim certificates or other obligations issued pursuant to this article shall be fully negotiable within the meaning and for all the purposes of the Mississippi Uniform Commercial Code, and may be validated as provided by statute.

HISTORY: Codes, 1942, § 7601; Laws, 1940, ch. 290; Laws, 1960, ch. 344, § 3; Laws, 1970, ch. 500, § 1; Laws, 1981, ch. 462, § 17; Laws, 1982, ch. 434, § 30; Laws, 1983, ch. 541, § 38; Laws, 1984, ch. 444, § 3; Laws, 1988, ch. 452, eff from and after passage (approved April 26, 1988).

§ 59-7-419. Disposition of proceeds of bonds; penalties for diversion; guarantee of payment.

The proceeds from the sale of any bonds or other obligations issued pursuant to this article shall be placed to the credit of such municipality in a bank or banks, which are members of the federal deposit insurance corporation and may be withdrawn therefrom in accordance with any agreement or agreements entered into between such municipality and the purchaser or purchasers of such bonds or other obligations and shall be used for no other purpose than the purpose of such municipality. Any officer or other person diverting or assisting to divert any such funds to any other purpose or purposes than the purpose or purposes originally set forth in said resolution of the governing body of said municipality shall be guilty of a felony and punishable accordingly, and shall be liable both personally and on official bonds for such diversion.

Nothing in this article shall be construed as a guarantee on the part of the State of Mississippi to pay the principal or interest on any bonds or other obligations issued pursuant to this article.

HISTORY: Codes, 1942, § 7602; Laws, 1940, ch. 290; Laws, 1944, ch. 216, § 2.

§ 59-7-421. Mortgage or deed of trust securing bonds.

Any municipality issuing bonds or other obligations pursuant to this article by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust, in such form, with such validity and with such remedies as at present authorized under the laws of the State of Mississippi, on any or all properties, improvements and facilities, the acquisition, construction, maintenance and/or operation of which are provided for by this article. Such resolution or resolutions of said municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.

HISTORY: Codes, 1942, § 7603; Laws, 1940, ch. 290.

§ 59-7-423. Applicability of municipal debt limitations to bond issues; funds from which bonds payable.

The bonds or other obligations issued by any municipality of the State of Mississippi pursuant to this article shall not constitute a debt within the meaning of any statutory limitation as to the amount of debt which may be incurred by any such municipality, nor shall such bonds or other obligations be payable out of any funds other than the revenue collected or collectible from the use of said docks, harbors and facilities of whatsoever nature, and out of the receipts the said one mill ad valorem tax, in accordance with the provisions of Section 59-7-403.

HISTORY: Codes, 1942, § 7596; Laws, 1940, ch. 290.

§ 59-7-425. Exemption from taxation of bonds.

Bonds or other obligations issued pursuant to this article and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer and inheritance taxes, in so far as may be within the power of the State of Mississippi so to provide.

HISTORY: Codes, 1942, § 7600; Laws, 1940, ch. 290.

§ 59-7-427. Powers of municipality with respect to issuance of bonds.

In connection with the issuance of bonds or other obligations by any municipality pursuant to this article, or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

To accept grants from the United States of America, the president of the United States, the federal emergency administrator of public works, or such other agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed “federal agency”) pursuant to the national industry recovery act and any further act of the congress of the United States providing for the construction of useful public works (hereinafter termed “national industrial recovery act”), for or in aid of work, development or improvement authorized by this article.

To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to the national industrial recovery act; to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property, real and personal, appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this article is an extension, addition, betterment or embellishment (hereinafter termed “work, development or improvement”) to carry out and perform the terms and conditions of any such contract or instrument.

To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality and/or port commission from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

To covenant against the encumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon.

To covenant as to what other or additional debt may be incurred by such municipality.

To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations, issued pursuant to this article.

To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this article.

To covenant as to the fees, rents, revenues or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this article and to covenant for their prior redemption and to provide the terms and conditions thereof.

To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this article directly or indirectly by any means or in any manner.

To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this article.

To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this article, or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this article the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.

HISTORY: Codes, 1942, § 7598; Laws, 1940, ch. 290.

§ 59-7-429. Trustees.

Any municipality issuing bonds or other obligations pursuant to this article shall, so long as any such bonds or other obligations remain outstanding and unpaid, by resolution or resolutions duly adopted, authorize and appoint a trustee, satisfactory to the purchaser or purchasers of any bonds or other obligations issued pursuant to this article, or any successor thereto, with the following powers and duties:

Such trustee so appointed, or any successor thereto, shall receive and receipt for all moneys collected or to be collected as receipts from the aforesaid two-mill tax by the aforesaid tax collector, and/or any other tax collecting agency authorized by law for the collection of said taxes, as provided for in Section 59-7-403;

Such trustee so appointed, or any successor thereto, shall receive and receipt for all moneys paid or to be paid to it in accordance with Section 59-7-407, constituting the net revenues derived from the operation of the improvements and facilities authorized by this article;

Such trustee so appointed, or any successor thereto, shall deposit all moneys received or to be received, in a special account or accounts in a bank or banks which are members of the federal deposit insurance corporation, with such provisions for security therefor as may be incorporated in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any such bonds or other obligations;

Such trustee so appointed, or any successor thereto, shall use and apply all such moneys so received to the payment of principal of and interest on any bonds or other obligations issued by any municipality pursuant to this article, as the same becomes due, and shall use and apply any surplus remaining after such payment or payments for the prior redemption, with or without premium, of bonds or other obligations issued by any municipality pursuant to this article, or in accordance with the provisions of any agreement or agreements as may be made between any municipality issuing bonds or other obligations pursuant to this article and the purchaser or purchasers of such bonds or other obligations;

Such trustee so appointed, or any successor thereto, shall have and be vested with all rights, powers and duties, in addition to the foregoing, as may be provided for in any agreement or agreements between any municipality issuing bonds or other obligations pursuant to this article and the purchaser or purchasers of such bonds or other obligations;

Such trustee so appointed, or any successor thereto, shall by an instrument in writing, accept such trust and shall file such written acceptance of such trust with the clerk of the municipality so appointing such trustee;

If such trustee so appointed, or any successor thereto, shall fail, neglect or refuse to perform any of the duties herein imposed or that may be imposed by reason of any of the provisions of any agreement or agreements as aforesaid, such trustee, or any successor thereto, shall, on the written request of twenty per centum or more in aggregate principal amount of the holder or holders of bonds or other obligations issued pursuant to this article, be removed, by resolution duly adopted by the municipality by which such trustee, or any successor thereto, was appointed; and in such event, it shall be the duty of any such trustee so removed to effectuate a valid transfer of all moneys then in the possession or under the control of such trustee so removed to a duly appointed successor, and a failure on the part of such trustee so removed to do so shall constitute an embezzlement of such moneys and shall be punishable accordingly;

In the event any such trustee so appointed, or any successor thereto, shall be removed as hereinabove provided, it shall be the duty of any municipality which shall have removed any such trustee, immediately by resolution duly adopted to appoint a trustee as successor thereto, who is satisfactory to said holder or holders of twenty per centum or more in aggregate principal amount of bonds or other obligations issued pursuant to this article.

HISTORY: Codes, 1942, § 7599; Laws, 1940, ch. 290; Laws, 1944, ch. 216, § 1.

§ 59-7-451. Creation of additional county port commissions authorized.

Any county in the State of Mississippi bordering on the Mississippi River which has not heretofore created a county port authority or county port commission is hereby authorized, in the discretion of the board of supervisors of such county, as evidenced by a resolution adopted by such board of supervisors, to create a county port commission.

HISTORY: Laws, 1973, ch. 340, § 1, eff from and after passage (approved March 21, 1973).

§ 59-7-453. Membership of commission; appointment and terms of office of members; general powers and duties.

Such county port commission shall consist of seven (7) members to be appointed by the board of supervisors, one (1) of whom shall represent each of the supervisors districts of the county and shall be a resident of such supervisor’s district, and two (2) members shall be appointed from the county at large and be residents of the county. The two (2) at-large members shall be designated as post 1 and post 2. The initial terms of office of the members representing the supervisors districts shall expire as follows: District 1, July 1, 1974; District 2, July 1, 1975; District 3, July 1, 1976; District 4, July 1, 1977; District 5, July 1, 1978. The at-large members’ terms shall expire as follows: post 1 shall expire July 1, 1979, and post 2 shall expire July 1, 1981. All succeeding terms shall be for terms of five (5) years. Any vacancy occurring therein shall be filled for the unexpired term by appointment of the board of supervisors. Where such port commission has been established or may be established as herein provided, the said port commission shall undertake and perform the duties assigned to it by the board of supervisors, and said commission shall manage and control all port facilities which may be authorized and constructed by virtue of the terms and provisions of Sections 59-7-101 through 59-7-131, 59-7-201 through 59-7-213, and 59-7-501 through 59-7-519, and all appurtenant and physical properties connected therewith, both real and personal, and shall provide for the regular inspection, repair, maintenance and improvement of said port facilities as provided therein.

In addition to the authority granted herein, and notwithstanding the provisions of any other law to the contrary, the commission may, subject to the approval of the board of supervisors, purchase any existing railroad or railroad facilities, within or without such county, which it deems necessary for the development of its port facilities.

In addition to any other authority to borrow funds for the purposes of this chapter, the board of supervisors may borrow funds from any agency of the United States government on such terms as the board determines to be in the best interest of the county.

Any railroad or railroad facilities purchased under the provisions of this section may be operated by the county or others on behalf of the county, or may be leased to others by the county. The commission may establish, charge and collect any tariffs, rates or other charges in connection therewith as may be necessary or advisable to accomplish the purposes of this section.

HISTORY: Laws, 1973, ch. 340, § 2; Laws, 1978, ch. 460, § 1; Laws, 1979, ch. 304, eff from and after passage (approved February 19, 1979).

§ 59-7-455. Operative date of commission’s duties and authority; expenditure of county funds.

The duties and authority conferred in Sections 59-7-101 through 59-7-131, through 59-7-201 through 59-7-211, 59-7-501 through 59-7-519, and Sections 27-39-3 through 27-39-13, Mississippi Code of 1972, shall apply to any county coming within the provisions of this article commencing on the date of the adoption of the aforesaid resolution by the board of supervisors of said county; provided, however, that the members of such port commission shall be appointed by the method and for the terms as herein provided. In addition to the authority granted herein, the board of supervisors may, in its discretion, expend funds from any available source, including the county general fund and federal revenue sharing funds, to carry out the purposes of this article.

HISTORY: Laws, 1973, ch. 340, § 3, eff from and after passage (approved March 21, 1973).

§ 59-7-501. Authorization for issuance of revenue bonds for port or harbor improvement.

The board of supervisors of any county which has elected or hereafter may elect to establish a port commission under the provisions of Article 3 of this chapter, and which desires to improve its port and harbor facilities by the construction, maintenance and operation of any revenue-producing port and/or harbor facility or facilities may issue revenue bonds of such county to provide funds for such purpose.

HISTORY: Codes, 1942, § 7576-51; Laws, 1970, ch. 407, § 1, eff from and after passage (approved April 1, 1970).

§ 59-7-503. Issuance of bonds without election; form, terms and execution of bonds.

Revenue bonds authorized by Section 59-7-501 may be issued without an election thereon upon the adoption of a resolution by the board of supervisors of such county upon the request and recommendation of the port commission of such county. Such revenue bonds shall not be subject to any limitation as to amount and shall not be included in computing the statutory limitation of indebtedness of such county under any present or future law. Such bonds shall bear date or dates, shall be of such denomination or denominations, shall be payable at such place or places within or without the State of Mississippi, shall mature at such time or times and upon such terms and may be made redeemable prior to maturity with or without premium, shall bear such registration privileges and shall be in substantially such form as shall be determined by resolution of the board of supervisors of such county. Such bonds shall mature in annual installments beginning not more than five (5) years from the date thereof and extending not more than twenty-five (25) years from the date thereof. Such bonds shall be signed by the president of the board of supervisors of such county and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever such bonds shall have been signed by the officials designated to sign the same who were in office at the time of such signing but who may have ceased to be such officers prior to the date of the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

HISTORY: Codes, 1942, § 7576-52; Laws, 1970, ch. 407, § 2; Laws, 1982, ch. 434, § 31, eff from and after passage (approved April 3, 1982).

§ 59-7-505. Interest on bonds.

All bonds shall bear interest at such rate or rates as may be determined by resolution of the board of supervisors of the county issuing them, not to exceed an overall maximum interest rate to maturity than that allowed in Section 75-17-103, Mississippi Code of 1972. No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted; the lowest interest rate specified for any bonds issued shall not be less than sixty percent (60%) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate allowed on such bonds.

Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%), and a zero rate of interest cannot be named.

HISTORY: Codes, 1942, § 7576-53; Laws, 1970, ch. 407, § 3; Laws, 1981, ch. 462, § 18; Laws, 1982, ch. 434, § 32; Laws, 1983, ch. 541, § 39, eff from and after passage (approved April 25, 1983).

§ 59-7-507. Negotiability of bonds and coupons; exemption from taxation.

All bonds and interest coupons issued under the provisions of this article shall have and hereby are declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State of Mississippi. Such bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Codes, 1942, § 7576-54; Laws, 1970, ch. 407, § 4, eff from and after passage (approved April 1, 1970).

§ 59-7-509. Sale of bonds.

The board of supervisors of any county issuing bonds under the provisions of this article shall sell such bonds on sealed bids at not less than par plus accrued interest to date of delivery of the bonds to the purchaser, and in the manner provided in Section 31-19-25, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 7576-55; Laws, 1970, ch. 407, § 5, eff from and after passage (approved April 1, 1970).

§ 59-7-511. Disposition of proceeds of bonds.

The proceeds of the revenue bonds shall be paid into a special fund designated as the “special project port improvement fund” in a bank or banks qualified as depositories for the county issuing bonds under the provisions of this article, and such proceeds shall be used solely for the purposes for which such bonds were issued, except as hereinafter provided, and shall be disbursed upon order of the board of supervisors of such county with such restrictions, if any, as the resolution authorizing the issuance of the bonds may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project for which such bonds were issued, and the redeeming of any outstanding bonds, unless otherwise provided in the resolution authorizing the issuance of such bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of such bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same funds without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the project for which the bonds were issued, such surplus shall be paid into the fund established for the payment of the principal of and interest on such bonds.

HISTORY: Codes, 1942, § 7576-56; Laws, 1970, ch. 407, § 6, eff from and after passage (approved April 1, 1970).

§ 59-7-513. Conditions for issuance of bonds; validation of bonds.

The revenue bonds authorized to be issued by the provisions of this article may be issued without any other proceedings or the happening of any other conditions or things than those specified or required by this article. In the discretion of the board of supervisors of such county the bonds authorized and issued hereunder may be submitted to validation in the chancery court of such county in the manner and with the force and effect now or hereafter provided by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.

HISTORY: Codes, 1942, § 7576-57; Laws, 1970, ch. 407, § 7, eff from and after passage (approved April 1, 1970).

§ 59-7-515. Sources for payment of principal and interest on bonds.

The revenue bonds issued under the provisions of this article shall be payable, both principal and interest, solely out of the revenues to accrue from the operation of the facilities provided through the special project for which such bonds are issued, and the full faith and credit of the county shall not be pledged therefor, nor shall any ad valorem tax be levied for the payment of such bonds or the interest thereon, and such facts shall be recited on the face of the bonds.

HISTORY: Codes, 1942, § 7576-58; Laws, 1970, ch. 407, § 8, eff from and after passage (approved April 1, 1970).

§ 59-7-517. Operation and maintenance of facilities and establishment of user rates, fees and charges by county issuing bonds.

Any county issuing revenue bonds under the provisions of this article is hereby authorized by contract or otherwise to provide for the operation and maintenance of facilities provided through the special project for which such bonds are issued and to establish the rates, fees and charges to be paid by users of such port and/or harbor facilities and shall provide for a revision of such rates, fees and charges from time to time as may be necessary to assure the sufficiency of funds to meet the covenants and pledges made in the resolution pursuant to which such bonds were issued.

HISTORY: Codes, 1942, § 7576-59; Laws, 1970, ch. 407, § 9, eff from and after passage (approved April 1, 1970).

§ 59-7-519. Disposition of revenues from facilities.

All revenues of every kind and character derived from the operation of the facilities of any special project authorized by the provisions of this article shall be paid into the port fund of such county and into a special account in said fund to be designated as the “special project revenue fund” and the resolution of the board of supervisors directing the issuance of such bonds shall require that such revenues shall be allocated to and shall be pledged for the following purposes:

an operation and maintenance fund out of which there shall be paid the usual and necessary expenses for the operation and maintenance of the project facilities;

a renewal and replacement fund sufficient to assure that the project facilities, including equipment, shall be kept in good repair and working order;

a bond and interest fund which shall be sufficient to provide for the payment of the principal of and the interest on the bonds as they mature and accrue, including a reasonable sum for the creation of a bond reserve fund to assure the payment of such bonds and the interest therein in the event that sufficient funds therefor are not otherwise available; and

a contingent fund to provide for unforeseen contingencies arising in the operation of the project facilities. Any surplus funds remaining after making the foregoing allocations shall be dealt with as may be directed by the resolution of the board of supervisors whereunder such bonds are issued, for the repayment of advances received from any source, for the payment of any maturities of principal and interest of such bonds, for the improvement of the port and/or harbor facilities for which such bonds were issued, or for the retirement of the outstanding bonds according to their terms.

HISTORY: Codes, 1942, § 7576-60; Laws, 1970, ch. 407, § 10, eff from and after passage (approved April 1, 1970).

§ 59-9-1. Declaration of public policy.

It is hereby declared that the public policy of the State of Mississippi is to encourage the expansion and development of Mississippi’s harbors and ports.

HISTORY: Codes, 1942, § 7605-26; Laws, 1956, ch. 199, § 26.

§ 59-9-3. Construction of chapter.

1. This chapter shall be construed liberally and broadly to effectuate the purposes set out herein and wide latitude and discretion shall be vested in the public authorities charged with the exercise of the powers and duties conferred upon them by this chapter, except as in the chapter otherwise expressly limited.
2. Nothing in this chapter shall be construed as repealing or altering existing laws affecting ports, and this chapter is to be considered as supplementary and cumulative. The grant of powers to the board of supervisors of such county, the county port authority, the governing authorities of the municipality in which the port of entry is located, and the port commission, where granted herein by reference to existing statutes, shall incorporate such statutes herein seriatim, and the subsequent amendment or repeal of such statutes shall not limit or rescind the powers and authority hereby conferred unless expressly so provided in such amending or repealing statute.
3. The enumeration of any specific rights and powers contained in this chapter, where followed by general powers, shall not be construed in a restrictive sense, but rather in as broad and comprehensive a sense as possible to effectuate the purposes of this chapter.
4. A county development commission shall have all rights, duties and powers vested upon a county port authority by this chapter.

HISTORY: Codes, 1942, §§ 7605-02, 7605-06, 7605-25, 7605-26; Laws, 1956, ch. 199, §§ 2, 6, 25, 26; Laws, 1958, ch. 226, §§ 2, 6; Laws, 1960, ch. 345, § 1; Laws, 1961, 2nd Ex. Sess. ch. 3, § 1; Laws, 1962, ch. 394, § 1; Laws, 1967, Ex. Sess. ch. 5, § 1; Laws, 1968, ch. 433, § 1; Laws, 1971, ch. 462, § 1, eff from and after passage (approved March 30, 1971).

§ 59-9-5. Definitions.

1. The term “industrial operations” as used in this chapter shall include but not be limited to any and all enterprises, the operation of which will aid in the development of fisheries, shipyard operations, commerce, navigation or shipping in the port, as well as all forms of manufacturing enterprises, tourism enterprises, and service enterprises.
2. Wherever the words “county port authority” appear in this chapter, such words shall be deemed to be identical in meaning and in context with the words “county development commission”.

HISTORY: Codes, 1942, §§ 7605-02, 7605-12; Laws, 1956, ch. 199, §§ 2, 12; Laws, 1958, ch. 226, § 2; Laws, 1962, ch. 394, § 1; Laws, 1967, Ex. Sess. ch. 5, § 5; Laws, 1988, ch. 359, § 1, eff from and after June 1, 1988.

§ 59-9-7. Creation of county port authority or development commission; composition; jurisdiction.

Any county in the State of Mississippi bordering on the Mississippi Sound or the Gulf of Mexico in which county there is or may hereafter be located a municipality having a harbor or port of entry where commodities are exported to foreign nations, and where there is or may hereafter be maintained a channel and/or harbor or port to a depth of not less than twenty (20) feet, and where the board of supervisors of such county shall find and determine that public necessity and convenience requires the same, as evidenced by a resolution adopted and entered on the official minutes of such board, shall have a port authority to be known as the county port authority, but in any such county having four (4) incorporated municipalities therein, such county port authority shall be called and known as the development commission of such county. The county port authority shall be composed of seven (7) resident citizens of such county, who shall be qualified electors therein, but in any such county where a county development commission has been created, such county development commission shall be composed of twelve (12) resident citizens of such county, who shall be qualified electors therein. Such county port authority or county development commission shall have jurisdiction over the ports, terminals, harbors, channels, and passes leading thereto, and all vessels, boats, and wharves, common carriers and public utilities therein, using the same within the county, and not under the jurisdiction of any municipal port commission and exclusive of the jurisdiction of the port commission of any municipality in which a port of entry is located. But by joint resolutions adopted by the governing authorities of the county and the municipality, such county port authority or county development commission may be vested with joint and concurrent jurisdiction over all or any part of said port of entry, or the channels, harbors, or passes leading thereto, outside of the corporate limits of such municipality, and within such county.

HISTORY: Codes, 1942, § 7605-01; Laws, 1956, ch. 199, § 1; Laws, 1958, ch. 226, § 1; Laws, 1991, ch. 314, § 1, eff from and after July 1, 1991.

§ 59-9-9. Appointment, oath, bond, and terms of office of members.

A county port authority shall be appointed as follows: two (2) members shall be appointed by the Governor, and shall be qualified electors of the county and of the municipality in which the port of entry is located; five (5) members shall be appointed by the board of supervisors of such county; each supervisors district bordering on the Mississippi Sound or the Gulf of Mexico shall have at least one (1) member on such county port authority.

The members of any county port authority created as a county development commission shall be appointed as follows: Two (2) members shall be appointed by the Governor, and shall be qualified electors of the county and of a municipality which is a port of entry in such county; five (5) members shall be appointed, one (1) each by the governing authorities of each incorporated municipality in such county, and five (5) members shall be appointed by the board of supervisors of such county; each supervisors district bordering on the Mississippi Sound or Gulf of Mexico shall have at least one (1) member on such county development commission. After the expiration of the terms in effect on July 1, 1995, the members of the county development commission for Harrison County, Mississippi, which are appointed by the Governor shall be qualified electors of the county.

Before entering upon the duties of the office, each member of such county port authority or county development commission shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi and shall give bond to be approved by the board of supervisors of such county in the sum of Five Thousand Dollars ($5,000.00) conditioned upon the faithful performance of his duties. Such bond shall be made payable to the county, and in case of a breach thereof, suit may be brought thereon upon the relation of the county for the benefit of the county port authority or county development commission. The members of such county port authority or county development commission shall hold office for a term of four (4) years from the date of their appointment and qualification, and until their successor or successors shall be appointed and qualify as set out herein. The members of any municipal port commission shall be eligible for appointment as members of any county port authority or county development commission, but they shall not be paid additional compensation for attending any joint meeting of the county port authority or county development commission and the municipal port commission.

Notwithstanding any provisions of this chapter to the contrary, successors to members of a county development commission whose terms expire in the calendar year 1962, shall be appointed as follows: two (2) members by the Governor for a two-year term, four (4) members by the mayor of each incorporated municipality in the county for a three-year term; and five (5) members by the board of supervisors for a term of four (4) years. Succeeding appointments to the county development commission shall be for a term of four (4) years or until their successors are appointed.

HISTORY: Codes, 1942, § 7605-02; Laws, 1956, ch. 199, § 2; Laws, 1958, ch. 226, § 2; Laws, 1962, ch. 394, § 1; Laws, 1991, ch. 314, § 2; Laws, 1995, ch. 432, § 1, eff from and after July 1, 1995.

§ 59-9-11. Organization; meetings.

When the members of a county port authority or county development commission shall have been appointed and shall have qualified as set out herein, they shall meet at the regular meeting place of the board of supervisors of such county, after giving at least five days’ notice of the time and place of such meeting by publication in any newspaper published in the county seat of such county. At such meetings they shall elect a president and a secretary, who shall be members of the county port authority or county development commission, and adopt such rules as may govern the time and place for holding subsequent meetings, regular and special, not inconsistent with the provisions of this chapter.

HISTORY: Codes, 1942, § 7605-03; Laws, 1956, ch. 199, § 3; Laws, 1958, ch. 226, § 3.

§ 59-9-13. Compensation of members.

Each member of any county port authority or county development commission created under the provisions of this chapter shall receive per diem compensation in the amount provided by Section 25-3-69 for each day engaged in attendance of meetings of the county port authority or county development commission or engaged in other duties of the county port authority or county development commission, not to exceed one hundred twenty (120) in any one (1) year, and shall receive their actual traveling expenses, to be audited and allowed by the county port authority or county development commission.

HISTORY: Codes, 1942, § 7605-05; Laws, 1956, ch. 199, § 5; Laws, 1958, ch. 226, § 5; Laws, 1962, ch. 394, § 2; Laws, 1974, ch. 456; Laws, 1984, ch. 445, § 1, eff from and after passage (approved April 27, 1984).

§ 59-9-15. General powers and duties of authority or commission; director; additional clerical assistance; commission may enter into joint venture for construction and operation of facilities under jurisdiction of commission.

The duties and powers of a county port authority or county development commission shall be the same, as to matters within their jurisdiction, as those set forth and prescribed by law, and as the same may be amended from time to time, relating to the duties and powers of a municipal port commission. The board of supervisors, on recommendation of the county port authority or county development commission, may appoint a county port director. The salary of the county port director shall be subject to the approval of the board of supervisors of such county, and the county port director so appointed may be the port director employed by the port commission of the municipality, in which case the board of supervisors of such county and the governing authorities of the municipality may jointly agree on pro rata payments toward the salary and expenses of such port director. The members of such county port authority or county development commission and the county port di rector shall be public officers within the meaning and the intent of Section 97-11-19, Mississippi Code of 1972. The clerk of the board of supervisors of any county which has appointed a county port authority or county development commission is authorized to employ such additional clerical assistance as may be necessary or required in view of the additional duties imposed upon the board by this chapter, but no employee shall receive a salary of more than Thirty-six Hundred Dollars ($3600.00) per annum.

In addition to the general powers and duties of a county port commission or county development commission, a county port commission or development commission may enter into joint ventures or community alliances with private entities or other county port commissions or county development commissions to construct and operate any facilities under the jurisdiction of such commissions.

HISTORY: Codes, 1942, § 7605-04; Laws, 1956, ch. 199, § 4; Laws, 1958, ch. 226, § 4; Laws, 1960, ch. 346; Laws, 2001, ch. 327, § 1, eff from and after July 1, 2001.

§ 59-9-17. General powers and authority of county; validation of prior acts.

The board of supervisors of any county in which there has been created a county port authority or county development commission as provided in this chapter, acting for and on behalf of the county, is hereby given the authority through the county port authority, county development commission, or such other agencies as hereinafter may be provided by law, to engage in work of internal improvement or promoting, developing, constructing, maintaining and operating harbors, channels and other navigation projects within the county and the waters adjacent thereto and to develop land for industrial operations in connection therewith, and shall have the power to acquire, purchase, install, lease, construct, manufacture, own, maintain, repair, equip, use, control and operate wharves, piers, docks, ways, elevators, compresses, warehouses, roadways, floating dry docks, graving docks, marine railways, tugboats, ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, ship components, systems, parts, fuel, tourism or service facilities and materials required or incidental to any of such purposes; and all other facilities and equipment reasonably necessary or useful in the operation of harbor facilities, and water, air and rail terminals, and such other structures, facilities, lands, property or rights therein needful for the convenient use of the same in the aid of commerce, and to deepen any part of said harbor and to extend, enlarge or add to the same by dredging in any direction, including inland, and to acquire land or any estate therein needed to carry out the purposes of this chapter in connection therewith. Such harbor facilities, tourism facilities, and service facilities, except those privately owned as a part of or in connection with industrial operations, shall always be and remain under the management and control of such county through the county port authority or county development commission or such other governing agency or agencies, as may hereinafter be provided by law, or under the joint management and control of such county and the municipality in which the port of entry is located, acting through the county port authority or county development commission and municipal port commission. All prior purchases, acceptances and other acquisitions of land or estates therein by the county in conformity with the purposes of this chapter, whether or not heretofore specifically authorized by law are hereby ratified, approved and confirmed. All acts, orders and resolutions of the board of supervisors of the county and the county port authority or county development commission adopted prior to October 20, 1961 which find and adjudicate the public necessity of acquiring lands for the purposes stated in this chapter, are hereby ratified, approved and confirmed; and such acts, orders and resolutions of the board of supervisors and the county port authority or county development commission shall, without any further acts upon the part of the board of supervisors of the county or the county port authority or county development commission, have the same force and effect as if adopted pursuant to this chapter.

HISTORY: Codes, 1942, § 7605-06; Laws, 1956, ch. 199, § 6; Laws, 1958, ch. 226, § 6; Laws, 1960, ch. 345, § 1; Laws, 1961, 2nd Ex. Sess. ch. 3, § 1; Laws, 1967, Ex. Sess. ch. 5, § 1; Laws, 1968, ch. 433, § 1; Laws, 1971, ch. 462, § 1; Laws, 1988, ch. 359, § 2, eff from and after June 1, 1988.

§ 59-9-19. Additional powers and authority of county.

The board of supervisors of any county in which there has been created a county port authority or county development commission as provided in this chapter, acting through its county port authority or county development commission, shall have the following additional powers and authority:

To set aside or lease all or portions of said harbor facilities, wharves, docks, sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats or any necessary or useful improvements for special purposes for a term not exceeding ninety-nine (99) years.

To sell, lease or otherwise dispose of tourism facilities, service facilities, shipyards, shipbuilding facilities, machinery and equipment, dredges, facilities and land acquired for industrial or harbor operations to individuals, firms or corporations, public or private, for industrial operations on such terms and conditions and with such safeguards as will best promote and protect the public interest, and they are hereby authorized to transfer possession and/or title to any part of all of such facilities and lands by deed, lease, contract or other customary business instrument; however, no such lease of land or facilities acquired for industrial operations shall be executed for a term in excess of ninety-nine (99) years from its date, and before the execution of the same any such deed, conveyance, lease, contract or other disposition shall be authorized by the affirmative vote of at least two-thirds (2/3) of the membership of such port authority or development commission by order or resolution entered on its minutes, which order or resolution shall set forth the substantial terms of such deed, conveyance, lease, contract or other disposition.

In the letting of contracts and in the advertisement for bids thereon, for the development, construction, repair, maintenance or operation of any structures, facilities and lands required pursuant to any of the provisions of this chapter, the board of supervisors and the county port authority shall comply with all of the requirements of the general laws of the State of Mississippi governing the advertisement for bids and the letting of contracts by county boards of supervisors. In the event title to any such lands under jurisdiction of the port authority or development commission is in the name of the county, no such transaction shall be consummated until and unless the same be authorized by proper resolution of the port authority or development commission and of the county, in which event the county shall join the port authority or development commission in the execution of such instrument. Any such sale or lease may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate and approved by the county port authority or county development commission and the board of supervisors in orders or resolutions authorizing the same. Any covenants and obligations of the lessee or purchaser to make expenditures in determined amounts and within such time or times for improvements to be erected on the land by such lessee or purchaser and to conduct thereon industrial operations in such aggregate payroll amounts and for such period of time or times as may be determined and defined in such lease or conveyance, and to give preference in employment where practicable to qualified residents of the port of entry and of the county and/or state in which such port is situated, shall, if included in such lease or conveyance, constitute and be deemed sufficient consideration for the execution of any such lease or conveyance in the absence of a monetary rental or other considerations; any such lease may contain reasonable provisions giving the lessee the right to remove its or his improvements upon termination of the lease. Where the rentals provided in the lease will be sufficient to fully retire the cost of the particular facility or where the monetary consideration for a deed is sufficient to fully repay the cost of land acquired for industrial operations described in said deed, contracts for construction, repairs, maintenance and operation of the facility or for the sale of the land, may be negotiated and consummated without the necessity of advertising and obtaining competitive bids therefor. Such county, acting through the port authority or development commission, shall have the right to reclaim submerged lands for such purposes and shall also have the right to acquire by eminent domain proceedings, purchase or otherwise, any land or estate therein or property and rights that may be necessary for the purposes of this chapter, provided that land acquired for industrial operations by eminent domain shall be leased or shall be sold only with such provisions in the deed or lease as shall ensure that the use of the land shall be beneficial to the carrying out of the purposes of this chapter and the promotion of commerce through said port. The county, acting through the port authority or development commission, shall have no authority or power to acquire without the consent of the owner thereof any property operated or used for port, harbor or industrial operations, or for such purposes as the county, acting through the port authority or development commission, is authorized to acquire and use such property for, where such property has been sold or leased by the county, acting through the port authority or development commission, to any person, firm or corporation for industrial operations as provided in this chapter. In the exercise of eminent domain, the county, acting through the port authority or development commission, shall determine the amount and character of the land or estate therein thus to be acquired and the public necessity for such exercise and their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of said county in making such determination and said county, acting through the port authority or development commission, shall have all powers and authority vested in persons or corporations having the right of eminent domain by Sections 11-27-1 through 11-27-49 and all other statutes pertinent thereto.

To accept assurances and other agreements from persons, firms and corporations who are benefited by any action of the port authority pursuant to this chapter, including agreements to save the county harmless on account of any assurances given by the county to the United States of America or any agency thereof, including the Secretary of the Army, and to enter into contracts with such persons, firms or corporations relative to the future development and use of property owned by such persons, firms or corporations.

To obligate the county by contract with persons, firms and corporations owning or agreeing to purchase property in the area benefited by any action of the port authority under the provisions of this chapter for the construction, development, improvement or expansion of channels and other navigation projects by the county at its expense and the continued maintenance and operation thereof by the county at its expense for a period of time not to exceed ninety-nine (99) years, or so long as any such person, firm or corporation continues to use said property for industrial operations.

To obtain liability insurance as deemed appropriate for the needs of the port authority or development commission. If liability insurance is in effect, the port authority or development commission may be sued by anyone affected to the extent of such insurance carried; however, immunity from suit is waived only to the extent of such liability insurance carried, and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance.

To invest funds credited to the county development commission. A county development commission is vested with authority to designate depositories of its funds and to deposit its funds in insured, interest-bearing accounts or securities guaranteed by the good faith of the United States Treasury. All funds in excess of ninety (90) days’ operating expenses, to the extent practicable, shall be invested in United States Treasury bills, interest-bearing accounts insured by the Federal Deposit Insurance Corporation, or other securities of the United States Government including United States Treasury bills, notes and bonds, federal agency securities, mortgage-backed securities guaranteed as to repayment of principal by the United States Government, or repurchase agreements and mutual funds invested in obligations of the United States Government or its agencies and repurchase agreements fully collateralized by such obligations.

HISTORY: Codes, 1942, § 7605-06; Laws, 1956, ch. 199, § 6; Laws, 1958, ch. 226, § 6; Laws, 1960, ch. 345, § 1; Laws, 1961, 2nd Ex. Sess. ch. 3, § 1; Laws, 1967, Ex. Sess. ch. 5, § 1; Laws, 1968, ch. 433, § 1; Laws, 1971, ch. 462, § 1; Laws, 1979, ch. 348; Laws, 1988, ch. 359, § 3; Laws, 1990, ch. 570, § 15; Laws, 1992, ch. 352, § 1; Laws, 1994, ch. 356, § 1, eff from and after July 1, 1994.

§ 59-9-21. Restoration of sand beaches; leasing for development of port and related industrial facilities.

1. In addition to the powers and authority elsewhere conferred by this chapter, the board of supervisors of any county in which there has been created a county port authority or county development commission, acting through its county port authority or county development commission, shall have the power and authority to rebuild and restore to its previous width and height any sloping beach or sand beach heretofore pumped in or dredged to protect a public highway extending along the beach or shore of any body of tidewater which is exposed to or in danger of damage by water driven against the shore by storms or hurricanes, as heretofore authorized by Section 1 of Chapter 319 enacted at the 1924 Regular Session of the Mississippi Legislature; and to let by competitive bids a contract therefor in the manner and by the procedure set out in Section 59-9-27. In addition to bonds heretofore issued pursuant to Chapter 462, Laws of 1971, the board of supervisors may issue and sell full faith and credit bonds of said county in the manner and by the procedure set out in this chapter in an amount not exceeding Four Million Dollars ($4,000,000.00), subject to the limitations and conditions of this chapter, and may apply thereon any funds now or hereafter made available to the use or pledge of the said development commission, and to dredge, fill in and reclaim submerged lands and tidelands belonging to the State of Mississippi.
2. It is hereby declared that the leasing for the development of port and related industrial facilities of the following described submerged lands and tidelands belonging to the State of Mississippi in an area immediately adjacent to the present port and industrial complex known as the Bayou Casotte Area in Jackson County, Mississippi, will serve a higher public interest in accordance with the purposes of this section and with the public policy of this state as set forth in Section 49-27-3, said property being more particularly described as follows:

   Commencing at the Northeast corner of the Southeast Quarter of Section 20, Township 8 South, Range 5 West and at grid coordinates N242,489.57 feet, E606,331.52 feet; runs thence North 89 degrees 10’ 22" East along the Mid-Section Line of Section 21, Township 8 South, Range 5 West, 661.48 feet to a point at grid coordinates N242,499.12 feet, E606,992.93 feet; runs thence South 0 degrees 27’ 25"; East 1,621.39 feet to a two inch iron pipe with cap, set in concrete at grid coordinates N240,877.78 feet, E607,005.86 feet, said point being the Southeast corner of the property conveyed to Corchem, Inc., by H. K. Porter Company, Inc., by instrument dated December 31, 1971, recorded in Deed Book 419, page 182, Land Deed records of Jackson County, Mississippi, and being the point of beginning; runs thence South 0 degrees 27’ 25" East, 1,018.61 feet to a point on the South line of said Section 21, said point being North 89 degrees 18’ 22" East, 650.33 feet, of the Southwest corner of said Section 21; runs thence South 0 degrees 27’ 25" East, 2,306.58 feet, to a two inch iron pipe with cap, set in concrete at grid coordinates N237,552.70 feet, E607,032.37 feet; thence continues South 0 degrees 27’ 25" East 173 feet, more or less, to the mean water line of the Mississippi Sound, at scaled grid coordinates N237,379 feet, N607,033 feet; runs thence South 0 degrees 27’ 25" East 1,379 feet, more or less, to the intersection of the N236,000 grid line, at grid coordinates N236,000.00 feet, E607,044.75 feet; runs thence North 90 degrees 00’ 00" West, with the N236,000 grid line, 3,305 feet, more or less, to the mean water line of the Mississippi Sound on the East side of a Spoil Island, at scaled grid coordinates N236,000 feet, E603,740 feet; runs thence across said Spoil Island, North 90 degrees 00’ 00" West, 195 feet, more or less, to the mean water line of the Mississippi Sound on the West side of said Spoil Island at scaled grid coordinates N236,000 feet, E603,545 feet; runs thence North 90 degrees 00’ 00" West, with the N236,000 grid line 2,140 feet, more or less, to the East Harbor Line of Bayou Casotte at grid coordinates N236,000.00 feet, E601,404.38 feet; runs thence with the East Harbor Line of Bayou Casotte North 0 degrees 03’ 00“ West, 4,056.52 feet to a point at grid coordinates N240,056.52 feet, E601,400.84 feet; thence continues with the East Harbor Line of Bayou Casotte North 6 degrees 34’ 54" East, 746.48 feet to a point that is South 89 degrees 10’ 22" West of the point of beginning and at grid coordinates N240,798.08 feet, E601,486.40 feet; runs thence North 89 degrees 10’ 22" East, 780 feet, more or less, to the mean water line of the Mississippi Sound at scaled grid coordinates N240,809 feet, E602,266 feet; runs thence North 89 degrees 10’ 22" East, 60 feet, more or less, to a two inch iron pipe with cap, set in concrete at grid coordinates N240,810.22 feet, E602,326.35 feet; thence continues North 89 degrees 10’ 22" East, along the South boundary of Corchem, Inc., property 4,680.00 feet to the point of beginning and contains 623.7 acres, more or less. The real property herein described is situated in the South one half of Section 20, Southwest Quarter of the Southwest Quarter of Section 21, West one half of the Northwest Quarter of Fractional Section 28, and Fractional Section 29, all being located in Township 8 South, Range 5 West, Jackson County, Mississippi.

   LESS AND EXCEPT any portion of the following described property which is not owned or otherwise held in trust by the State of Mississippi:

   Commencing at the Northeast corner of the Southeast Quarter of Section 20, Township 8 South, Range 5 West and at grid coordinates N242,489.57 feet, E606,331.52 feet; runs thence North 89 degrees 10’ 22" East along the Mid-Section line of Section 21, Township 8 South, Range 5 West, 661.48 feet to a point at grid coordinates N242,499.12 feet, E606,992.93 feet; runs thence South 0 degrees 27’ 25" East, 1621.39 feet to a two inch iron pipe with cap, set in concrete, at grid coordinates N240,877.78 feet, E607,005.86 feet, said point being the Southeast corner of the property conveyed to Corchem, Inc., by H. K. Porter Company, Inc., by deed dated December 31, 1971, recorded in Deed Book 419, page 182, Land Deed Records of Jackson County, Mississippi, and the point of beginning; runs thence South 0 degrees 27’ 25" East, 1,018.61 feet to a point on the South line of said Section 21, said point being 650.33 feet East of the Southwest corner of said Section 21; runs thence South 0 degrees 27’ 25" East 2,306.58 feet to a two inch iron pipe with cap, set in concrete at grid coordinates N237,552.70 feet, E607,032.37 feet; thence continues South 0 degrees 27’ 25" East, 173 feet, more or less, to the mean water line of the Mississippi Sound as existed in 1961; runs thence Northwesterly along the said meandering mean water line to a point on the West line of Fractional Section 28, Township 8 South, Range 5 West; thence continues along the meandering mean water line of the Mississippi Sound in a Northwesterly direction to a point on the North line of Fractional Section 29, Township 8 South, Range 5 West; thence continues along said meandering water line of the Mississippi Sound in a Northwesterly direction to a point that is South 89 degrees 10’ 22" West of the point of beginning; runs thence North 89 degrees 10’ 22" East, 60 feet, more or less, to a two inch iron pipe with cap, set in concrete, at grid coordinates N240,810.22 feet, E602,326.35 feet; thence continues North 89 degrees 10’ 22" East along the South boundary of Corchem, Inc., property, 4,680.00 feet to the point of beginning. The parcel of land herein described is situated in the South one-half of Section 20, the Southwest Quarter of the Southwest Quarter of Section 21, the West one-half of the Northwest Quarter of Fractional Section 28, and Fractional Section 29, all being in Township 8, Range 5 West, Jackson County, Mississippi, and contains 205.4 acres, more or less. Bearings and grid coordinates used in this description refer to the Transverse Mercator Projection for the State of Mississippi East Zone.

3. It is hereby declared that the leasing or use for commercial fishing purposes, port purposes and for industrial development related thereto of the following described submerged lands and tidelands belonging to the State of Mississippi in an area lying between the East Pascagoula River and Middle River, Jackson County, Mississippi, will serve a higher public interest in accordance with the purposes of this section and with the public policy of this state as set forth in Section 49-27-3, said property being more particularly described as follows:

   All that part of the Lowry Island Resurvey, which is bounded on the North by the L & N Railroad Track; on the East by the East Pascagoula River; on the West by Middle River; and on the South by the Mississippi Sound; and also the dredged-up Spoil Island, known as Singing River Island, lying South of the above described land and South of the launching channel South of the lands leased to Litton Ship Systems, Inc., and lying West of the federally maintained dredged channel going from Horn Island Pass to East Pascagoula River; LESS AND EXCEPT, however, that part of said property now owned by Jackson County, Mississippi, and the State of Mississippi and leased to Litton Ship Systems, Inc.

4. Notwithstanding any provisions of law to the contrary, the county port authority of the county in which such state lands are located is hereby authorized to apply for and secure a lease for a period of not to exceed ninety-nine (99) years of such state lands as may be necessary for the development of commercial fishing, port and related industrial facilities in the aforesaid areas described in subsections (2) and (3) hereof except for the provisions of subsection (5) of this section.

   Application for a lease shall be made with the Secretary of State.

   Utilization of any and all submerged land and/or tideland shall be in such a manner so as not to obstruct normal navigation of any normal and natural channel. Title to the property shall remain vested in the State of Mississippi.

   All oil, gas and other minerals in, on or under said lands leased are hereby specifically reserved unto the State of Mississippi.

   The county port authority is hereby authorized to sublease such lands for commercial fishing, port purposes and for industrial development related thereto.

   All subleases executed by the county port authority shall be on such terms and conditions, and with such safeguards, as will best promote and protect the public interest. Such subleases shall be submitted to the Secretary of State for approval. Provided, however, that each sublease shall provide that if such property is not utilized within five (5) years, or if commercial fishing, industrial or port usage ceases and such termination continues for a period of two (2) years, the sublease shall terminate and all rights thereunder shall revert to the county. However, if such nonutilization for a period of five (5) years or cessation of use for a period of two (2) years shall be caused, suspended, delayed or interrupted by act of God, fire, war, rebellion, scarcity of water, insurrection, riot, strike, scarcity of labor, differences with employees, failure of a carrier to transport or furnish facilities for transportation; or as a result of some order, rule or regulation of any federal, state, municipality or other governmental agency; or as the result of failure of the sublessee to obtain any required permit or certificate; or as the result of any cause whatsoever beyond the control of sublessee, the time of such delay or interruption shall not be counted against sublessee in determining such periods of five (5) years or two (2) years. All subleases shall be for a fair and adequate consideration and the compensation and revenues therefrom may be retained by the state or shared with the county in a fashion approved by the Secretary of State for port purposes and industrial development. Such compensation and revenues may be pledged by the county to payment of any bonds required to be issued to finance such commercial fishing, port and industrial development, including a United States Navy home port. However, in the event bonds are issued as provided herein, upon the discharge and payment of the principal and interest of such bonds, any additional revenue generated shall be retained by the state or shared with the county for port purposes and industrial development in a fashion approved by the Secretary of State.

5. 1. Notwithstanding any provisions of law to the contrary, upon selection of Jackson County as a site for a home port for a Surface Action Group and upon review of the contract authorized in Section 1 of Chapter 812, Laws of 1985, as amended, the Secretary of State is hereby authorized to lease for a period not to exceed ninety-nine (99) years or sell if required by the United States Navy or the United States Department of Defense such state lands as may be necessary for the development by the United States Navy or the United States Department of Defense for a home port and related facilities for a naval squadron in the aforesaid area described in subsection (3) hereof. It is hereby declared that the leasing or sale to the United States Navy or the United States Department of Defense of any of the aforesaid area described in subsection (3) hereof will provide a major stimulus to employment in Jackson County and the state and will serve a higher public interest in accordance with the purposes of this section and with the public policy as set forth in Section 49-27-3, and such lease or sale may be made for nominal consideration.

      1. A reservation of all oil, gas and other minerals in, on and under the subject property subject to a provision that no exploration, exploitation or development of any minerals shall be undertaken without prior written consent of the United States Navy; which consent shall not be unreasonably withheld;

      2. A reverter which shall be created, declared, imposed and resolved in said quitclaim deed according to the terms of which said title to the subject property shall automatically revert to the state. The reversion shall automatically occur if a. construction of the home port facilities has not commenced within two (2) years of the conveyance of the subject property or b. thereafter, if the subject property is no longer required by the Navy for a home port or related facilities and the Secretary of the Navy shall so determine and promptly notify the State of Mississippi of said determination. In the event of said determination, the subject property as improved shall automatically revert to the State of Mississippi, and the state may pay to the United States of America the fair market value of the Navy’s improvements within five (5) years from the date of reversion, less the fair market value of the state and/or county-financed facilities; however, the county financed facilities shall revert to Jackson County unless the state finances the same or unless otherwise agreed upon by Jackson County and the state. If the State of Mississippi elects not to pay to the United States of America the fair market value of the Navy’s improvements within said period of five (5) years, then said property and all facilities financed by the State of Mississippi and financed by Jackson County shall automatically revert to the United States of America.

      1. If the subject property is to be sold to the United States Navy or to the United States Department of Defense, the instrument of conveyance, which shall be by quitclaim deed, shall include the following:
      2. If the subject property is to be leased to the United States Navy or to the United States Department of Defense, the lease agreement shall contain a termination clause which shall declare that the lease shall be rescinded if either of the conditions described in subsection (5)(a)(i)2 of this section occur. If the condition described in subsection (5)(a)(i)2b. of this section occurs, the United States Navy and the United States Department of Defense shall be allowed two (2) years from the date of termination or utilization of the area leased in which to remove any improvements or facilities thereon, excluding any county financed facilities, which shall revert to Jackson County unless otherwise agreed upon by Jackson County and the state. All references to payment for county financed facilities upon reversion shall also apply to the state if it finances the same.
   2. Provided, however, if revenue bonds are to be issued by the State Bond Commission under Section 1 of Chapter 500, Laws of 1985 [See Editor’s Note below], then the lands referred to in paragraph (a) of this subsection shall not be sold to the United States Navy or to the United States Department of Defense but may only be leased and such lease may contain an option to purchase when such bonds are retired. In this case an additional clause shall be included in the lease agreement to provide that upon termination of the lease agreement prior to the retirement of all revenue bonds issued under Section 1 of Chapter 306, Laws of 1987, such payments by the United States Navy or the United States Department of Defense as are necessary to retire such revenue bonds shall become due and payable on the date of the termination of the lease.
6. This section is to be considered as supplementary and cumulative and nothing in this section shall be construed as repealing existing laws, or as repealing or amending any options, leases, deeds, contracts, agreements or legal instruments heretofore entered into by the board of supervisors of such county, the county port authority, the governing authorities of the municipality in which the port of entry is located, or the port commission. The grant of powers to the board of supervisors of such county, the county port authority, the governing authorities of the municipality in which the port of entry is located, and the port commission, where granted herein by reference to existing statutes, shall incorporate such statutes herein seriatim, and the subsequent amendment or repeal of such statutes shall not limit or rescind the powers and authority hereby conferred unless expressly so provided in such amending or repealing statute.

HISTORY: Codes, 1942, § 7605-06; Laws, 1956, ch. 199, § 6; Laws, 1958, ch. 226, § 6; Laws, 1960, ch. 345, § 1; Laws, 1961, 2nd Ex. Sess. ch. 3, § 1; Laws, 1967, Ex. Sess. ch. 5, § 1; Laws, 1968, ch. 433, § 1; Laws, 1971, ch. 462, § 1; Laws, 1979, ch. 514; Laws, 1982, ch. 445; Laws, 1984, ch. 445, § 2; Laws, 1985, ch. 500, § 2; Laws, 1987, ch. 306, § 2, eff from and after passage (approved February 27, 1987).

§ 59-9-23. Establishment and development of industrial parks.

In addition to the powers and authority elsewhere conferred in this chapter, the board of supervisors of any county in which there has been created a county port authority or county development commission, acting through its county port authority or county development commission, may establish industrial parks with defined boundaries to develop and utilize lands for industrial operations and in such development may provide for water, sewage, drainage or similar facilities, or transportation, power or communication facilities which are incidental to the use of the lands as industrial parks. The creation of all such parks purported to be so established prior to enactment of this section as would comply with the provisions of this section is hereby ratified and declared valid. Transportation facilities herein authorized may include railroad lines and bridges extending not more than twenty (20) miles from such industrial parks, locomotives and other equipment to be used only in said county, but if any part of any such facility shall be in another county, only with consent of such county expressed by resolution of its board of supervisors and its county port authority or county development commission. Transportation facilities owned by a county hereunder may be operated by said county or others on behalf of such county or may be leased to others by said county; the Public Service Commission shall have no jurisdiction over such transportation facilities or the financing thereof, nor, so long as said county regulates such rates, the rates charged for the use of such transportation facilities. Revenue bonds, but not general obligation bonds, may be issued to pay the cost of such transportation, power or communication facilities, under Section 59-9-41, or under any other law now or hereafter available, and any such facilities may be sold or leased as hereinafter provided. In connection with an industrial park any such county, through its county port authority or county development commission, may establish a comprehensive plan, may make rules and regulations to assure compliance with such plan, and may set and collect rates and charges for services furnished by such industrial park.

HISTORY: Codes, 1942, § 7605-06; Laws, 1956, ch. 199, § 6; Laws, 1958, ch. 226, § 6; Laws, 1960, ch. 345, § 1; Laws, 1961, 2nd Ex. Sess. ch. 3, § 1; Laws, 1967, Ex. Sess. ch. 5, § 1; Laws, 1968, ch. 433, § 1; Laws, 1971, ch. 462, § 1; Laws, 1976, ch. 416, § 1; Laws, 1988, ch. 359, § 4, eff from and after June 1, 1988.

§ 59-9-25. Contracts for construction, maintenance, etc., of ports, facilities, etc.

The board of supervisors of such county, acting through its county port authority, and the governing authorities of the municipality in which the port of entry is located, acting through its port commission, may, in their discretion and acting jointly, enter into a contract or contracts for the development, construction, repair, maintenance or operation of any seaports, wharves, piers, docks, ways, elevators, compresses, warehouses, tourism facilities, service facilities, roadways, floating dry docks, graving docks, marine railways, tugboats, and water, air and rail terminals and other structures, facilities and lands needful for the convenient use of the same in the aid of commerce, or any other property at the port of entry under the joint jurisdiction of said county port authority and such port commission under such terms and conditions as both bodies may deem best economically to the city and county wherein the port of entry is located. In the letting of contracts, and in advertisement for bids thereon, for the development, construction, repair, maintenance or operation of any structures, facilities and lands acquired pursuant to any of the provisions of this chapter, the said board of supervisors, the governing authorities of the said municipality, the county port authority and the municipal port commission shall comply with all the requirements of the general laws of the State of Mississippi governing the advertisement for bids and letting of contracts by county boards of supervisors. However, where the rentals provided in a lease will be sufficient to fully retire the cost of the particular facility, contracts for the construction, repair, maintenance and operation of the facility may be negotiated and consummated with the lessee of the facility without the necessity of advertising and obtaining competitive bids therefor. The county port authority is given full power and authority to employ engineers, attorneys and other professional and technical assistance in and about the operations, development and advancement of harbors and ports of such county, and to pay reasonable compensation therefor, such employment and compensation therefor to be approved by the board of supervisors of such county. The county port authority, and the port commission of the port of entry are jointly vested with the power and authority herein conferred, subject to the approval of the board of supervisors and the governing authorities of the municipality of all joint undertakings of such county port authority and port commission.

HISTORY: Codes, 1942, § 7605-07; Laws, 1956, ch. 199, § 7; Laws, 1960, ch. 345, § 2; Laws, 1988, ch. 359, § 5, eff from and after June 1, 1988.

§ 59-9-27. Jurisdiction and duty of port authority over improvements; powers and duties of development commission.

1. All improvements constructed by the board of supervisors of any county under the provisions of this chapter or under the provisions of any local and private act conferring upon the board of supervisors the authority to engage in port, harbor or channel improvements or development, shall be under the jurisdiction of and operated and maintained by such county port authority. It shall be the duty of such county port authority, from time to time, to make recommendations to the board of supervisors of such county concerning expenditures, maintenance, operation and development of the harbors or port facilities of such county, and to submit annually to such board of supervisors a proposed budget for the operation and maintenance of such harbors and port facilities, which recommendations and budget shall be subject to the approval of the board of supervisors.
2. In any county having a county development commission, all improvements constructed, including acquisition of land authorized under the provisions of this chapter, shall be constructed, operated and maintained by the county development commission. It shall be the duty of such county development commission, from time to time, to make recommendations to the board of supervisors of such county concerning expenditures, maintenance, operation and development of the harbors or port facilities of such county and the tourism and service facilities authorized under this chapter, and to submit annually to such board of supervisors a proposed budget for the operation and maintenance of such harbors and port facilities and tourism and service facilities, which recommendations and budget shall be subject to the approval of the board of supervisors. The said development commission shall have, and is hereby given, the authority and power to enter into contracts for the performance of all work, including acquisition of land, authorized under this chapter and to expend funds made available therefor, provided that all such expenditures by such commission shall be audited by the county auditor, who shall monthly report such expenditures to the board of supervisors. In letting contracts, and in advertising for bids therefor, the development commission shall comply with all the requirements of the general laws of the State of Mississippi covering the advertisement for bids and the letting of contracts by county boards of supervisors and such commission shall have full power and authority to employ engineers, attorneys, real estate brokers and appraisers, and other professional and technical assistance in and about the operations, development and advancement of the harbors and ports of such county and the tourism and service facilities authorized under this chapter and to pay reasonable compensation or commission therefor. Any capital expenditures or proposals to employ professional or technical assistance which does not exceed Twenty-five Thousand Dollars ($25,000.00) may be undertaken by the commission without approval of the board of supervisors and any capital expenditure or proposal to employ professional and technical assistance which exceeds the sum of Twenty-five Thousand Dollars ($25,000.00) shall not be undertaken except upon approval by the board of supervisors by appropriate order spread upon its minutes.

HISTORY: Codes, 1942, § 7605-08; Laws, 1956, ch. 199, § 8; Laws, 1960, ch. 211, § 1; Laws, 1988, ch. 359, § 6; Laws, 1998, ch. 364, § 1, eff from and after July 1, 1998.

§ 59-9-29. Jurisdiction over lands.

Any county port authority or county development commission created under the provisions of this chapter is hereby vested with full jurisdiction and control of any and all lands lying within or adjacent to any river, bay or natural lake, which are below the mean high tide mark, and which lands lie within or adjacent to any port or harbor within the jurisdiction of such county port authority or county development commission. Any such county port authority or county development commission is hereby authorized to reclaim any and all such lands by filling, dredging, or other means, to utilize, lease, sell, or dispose of same for the development and operation of the port to the same extent it is now or may hereafter be authorized to utilize its other facilities. Any such county port authority or county development commission, pursuant to resolutions adopted by the port commission and the governing body of the municipality in which the port of entry is located, may exercise joint and concurrent jurisdiction of any such lands described in such resolutions within the jurisdiction of the port commission of the port of entry, and outside of the corporate limits of such municipality, and may exercise the above powers jointly with such port commission as to such lands.

Under any such state-owned lands, if any, hereinabove turned over to the county port authority or county development commission, all oil, gas and other mineral rights are hereby reserved unto the State of Mississippi.

HISTORY: Codes, 1942, § 7605-09; Laws, 1956, ch. 199, § 9; Laws, 1958, ch. 226, § 7; Laws, 1967, Ex. Sess. ch. 5, § 2, eff from and after passage (approved June 29, 1967).

§ 59-9-31. Lease or sale of unused lands for industrial purposes; authority and limitations.

In the event any part of such lands, as are described in Section 59-9-29, are not used for port purposes, and navigation, commerce and fishing will not be impeded thereby, such county port authority may lease or sell the same to individuals, firms, or corporations, public or private, for industrial operations, on such terms and conditions and with such safeguards as will best promote and protect the public interest, and they are hereby authorized to transfer possession of, lease or sell any part or all of such lands by lease, deed, contract, or other customary business instrument. However, no such lease shall be executed for a term in excess of ninety-nine years from its date, and before execution of same any such lease, deed, or contract or other disposition shall be authorized by the affirmative vote of at least two-thirds (2/3) of the membership of such county port authority by order or resolution entered upon its minutes, which order or resolutions shall set forth the substantial terms of such lease, deed, contract, or other disposition. No such transaction shall be consummated until and unless the same be authorized by proper resolution of the board of supervisors, who shall join in the execution of any such instrument.

HISTORY: Codes, 1942, § 7605-10; Laws, 1956, ch. 199, § 10; Laws, 1967, Ex. Sess. ch. 5, § 3, eff from and after passage (approved June 29, 1967).

§ 59-9-33. Lease or sale of unused lands for industrial purposes; terms and conditions.

Any lease, sale, contract, or other disposition of any or all lands referred to in Section 59-9-29 may be made upon such terms and conditions and for such consideration as may be found to be adequate by the county port authority, and approved by the board of supervisors in orders or resolutions authorizing same, and the covenants and obligations of the lessee or grantee to make expenditures in determined amounts, and within such time or times, for improvements to be erected on the land by such lessee or grantee, and to conduct thereon industrial operations in such aggregate payroll amounts and for such period of time or times as may be determined and defined in such lease, deed, contract or other disposition, shall constitute and be deemed sufficient consideration for the execution of any such lease, deed, contract or other disposition. Any such lease granted for industrial or harbor operations under paragraphs (a) and (b) of Section 59-9-19 may contain an option to buy at any time and/or upon termination thereof, and shall, however, contain reasonable provisions for the termination of the lease or reversion of possession of the land and all improvements made by lessee or grantee to the facility, including personal property, unless previously agreed to, in the event of default on the part of the lessee or grantee of his or its obligation or covenants under such agreement.

HISTORY: Codes, 1942, § 7605-11; Laws, 1956, ch. 199, § 11; Laws, 1967, Ex. Sess. ch. 5, § 4, eff from and after passage (approved June 29, 1967).

§ 59-9-35. Exemption from ad valorem taxes of certain lease contracts; time limit; lessee required to pay taxes after expiration of exemption.

Any contract for the lease of any development for the manufacture of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, ship components, systems, parts, fuel and materials required or incidental to any of such purposes to be constructed out of the proceeds of bonds to be issued under the provisions of this chapter may be exempt from ad valorem taxation except state ad valorem taxation and school district ad valorem taxation. The time of such exemption shall not exceed a total of ten (10) years, which shall commence from the date of the contract. Any request for an exemption must be made in writing before the date of the contract.

The lessee shall be required, after the expiration of any exemption granted hereunder, to pay ad valorem taxes on the leasehold notwithstanding that title to such development is vested in the county and port authority.

HISTORY: Codes, 1942, § 7605-06, Laws, 1956, ch. 199, § 6; Laws, 1958, ch. 226, § 6; Laws, 1960, ch. 345, § 1; Laws, 1961, 2nd Ex. Sess. ch. 3, § 1; Laws, 1967, Ex. Sess. ch. 5, § 1; Laws, 1968, ch. 433, § 1; Laws, 1971, ch. 462, § 1; Laws, 1990, ch. 502, § 11; Laws, 1992, ch. 518, § 6, eff from and after July 1, 1992.

§ 59-9-37. Issuance of bonds and interim certificates.

The board of supervisors of any county in which a county port authority or county development commission has been created pursuant to this chapter is hereby given authority to issue bonds or other obligations of such county in an amount not to exceed twenty percent (20%) of the assessed valuation of such county to provide funds for any purpose or purposes set out in this chapter. Such bonds may be issued at one (1) time or from time to time in such amount or amounts, shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972, shall mature in such amount or amounts and at such time or times, not exceeding twenty (20) years from the date thereof, with or without option of prior payment, and shall be executed in such manner, all as may be determined by the said board of supervisors. The resolution or order adopted by the board of supervisors authorizing said bonds may pledge the sources of revenue authorized under the statutes to pay the principal thereof and interest thereon, and all bonds issued under the one (1) resolution or order may be equally secured and entitled to be paid. In event, however, such board of supervisors elects to delay actual delivery or sale of any part of the bonds so authorized, either until the proceeds thereof are needed, or upon the happening or occurrence of any event or thing, then and in that event the bonds so authorized and any part thereof shall be secured and be entitled to be paid, both as to principal and interest in accordance with the terms and conditions to be fixed and recited in said resolution or order. In anticipation of the issuance of the definitive bonds authorized by this chapter, any such county may issue interim certificates. Such interim certificates shall be in such form, contain such terms, conditions or provisions, bear such date or dates, and evidence such agreement or agreements relating to their discharge by payment or by the delivery of the definitive bonds, as such county, by resolution of its governing body, may determine. Whenever any county shall have issued bonds under this section or Section 59-9-41, a portion of which remains outstanding and unpaid, and the governing authority of such county desires to refund all or any portion of such bonds or to issue additional bonds under this section or Section 59-9-41, for the purpose herein or therein authorized and to consolidate all or any portion of such bonded indebtedness, such governing authority, by resolution or resolutions, may at any time authorize and direct the issuance of bonds. The proceeds of such new bonds shall be used to pay or provide for the payment of, at or prior to maturity, any outstanding and unpaid bonds (including any unpaid accrued interest thereon), and any balance of such proceeds not so utilized shall be used and expended for the purposes authorized by this chapter. In the event that such outstanding bonds, by the terms thereof, are redeemable prior to maturity at the option of such county, then such option of redemption may be exercised in the manner provided in such bonds. Such new bonds shall be issued in like manner and like incidence and shall be payable from the same source or sources and the payment thereof shall be secured in like manner as provided in this section or Section 59-9-41 provided in the case of the issuance of original bonds under this section or under Section 59-9-41. In lieu of selling such portion of such new bonds as may be required to pay or provide for the payment of such outstanding bonds, such new bonds may be issued and delivered in exchange for and upon surrender and cancellation of a like amount of such outstanding bonds.

In addition and supplemental to the rights, duties and powers now or hereafter conferred by law upon counties having created a county port authority or county development commission, such counties are empowered and authorized to issue general obligation bonds of such counties as hereinabove provided, to acquire, establish, construct, develop, improve and maintain revetments, embankments, groins, sea walls, jetties, moles, breakwaters, gates, locks, dams, water basins, reservoirs, aqueducts, canals, water supply and distribution systems or pipelines and easements necessary thereto; and the acquisition, development and improvement of lands and property for any of such purposes. Such counties are further empowered and authorized to enter into contracts, agreements, assurances, or commitments with the United States of America, or any department or agency thereof, the State of Mississippi, or any department, political subdivision or agency thereof, or any person, firm or corporation relating or in connection with any power or duty authorized, imposed, or conferred upon such county by law, and to cooperate with and assist any public body or agency, or bodies or agencies, having jurisdiction of any waterway, port, harbor, or water development program, and to jointly exercise any or all of such powers as a joint operation with any other county or counties. Any such county or any party entering into any contract with any such county shall be entitled to maintain any action in any court of competent jurisdiction against the county or any other party to said contract to enforce any contractual right arising out of any such contract.

General obligation bonds issued under the provision of this section shall be payable from an ad valorem tax which may be levied without limit as to rate or amount upon all taxable property within the county.

HISTORY: Codes, 1942, § 7605-14; Laws, 1956, ch. 199, § 14; Laws, 1958, ch. 226, § 8; Laws, 1962, ch. 395, § 1; Laws, 1980, ch. 439, § 2; Laws, 1981, ch. 462, § 18; Laws, 1982, ch. 434, § 33; Laws, 1983, ch. 541, § 40, eff from and after passage (approved April 25, 1983).

§ 59-9-39. Attorney’s fees for issuance of general obligation bonds.

Attorney’s fees for the issuance of any general obligation bonds authorized by the provisions of this chapter shall not exceed for each issue the following schedule:

1. Up to and including one million dollars ($1,000,000.00), one per cent (1%).
2. Above one million dollars ($1,000,000.00) and up to and including two million dollars ($2,000,000.00), one half of one per cent (1/2 of 1%).
3. Above two million dollars ($2,000,000.00), one fourth of one per cent (1/4 of 1%).

HISTORY: Codes, 1942, § 7605-14; Laws, 1956, ch. 199, § 14; Laws, 1958, ch. 226, § 8; Laws, 1962, ch. 395, § 1, eff from and after passage (approved May 26, 1962).

§ 59-9-41. Revenue bonds.

In addition to the authority conferred by Section 59-9-37, the board of supervisors of such county is further authorized, in its discretion, to issue revenue bonds of such county to provide funds for any purpose or purposes set out in this chapter or in Section 59-5-31. Such revenue bonds may be issued upon compliance with Section 59-9-51, and shall not be subject to any limitation as to amount, and shall not be included or computed in the statutory limitations of indebtedness of any such county. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103, be payable at such place or places within or without the State of Mississippi, shall mature at such time or times and upon such terms, with or without premium, shall bear such registration privileges and shall be substantially in such form, all as shall be determined by resolution of the board of supervisors of such county. Such bonds shall mature in annual installments beginning not more than five (5) years from date thereof and extending not more than thirty-five (35) years from date thereof. Such bonds shall be signed by the president of the board of supervisors of such county, and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officers herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

The revenue bonds issued under the provisions of this section shall be payable solely out of the revenues to accrue from the operation of such project development, improvement or utility systems, and the full faith and credit of the county shall not be pledged therefor, nor shall any ad valorem tax be levied therefor.

HISTORY: Codes, 1942, § 7605-14; Laws, 1956, ch. 199, § 14; Laws, 1958, ch. 226, § 8; Laws, 1962, ch. 395, § 1; Laws, 1976, ch. 416, § 2; Laws, 1985, ch. 477, § 11, eff from and after passage (approved April 8, 1985).

§ 59-9-43. Sale and disposition of proceeds of bonds issued under §§ 59-9-37 and 59-9-41.

The board of supervisors of a county issuing bonds under Sections 59-9-37 and 59-9-41 shall sell such bonds in such manner and for such price as it may determine to be for the best interest of said county, but no such sale (other than revenue bonds) shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds (other than revenue bonds) shall be published at least one (1) time not less than ten (10) days prior to the date of sale and shall be published in a newspaper published in and having general circulation within such county.

The proceeds of such bonds shall be paid into a special fund or funds in banks qualified to act as depositories for such county. The proceeds of such bonds shall be solely for the purposes for which they were issued, and the redeeming of any outstanding bonds, and shall be disbursed upon order of the board of supervisors of such county, with such restriction, if any, as the resolution authorizing the issuance of the bonds may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the purpose for which they were issued, and the redeeming of any outstanding bonds, unless otherwise provided in the resolution authorizing the issuance of such bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into the fund established for the payment of the principal of and the interest on such bonds.

HISTORY: Codes, 1942, § 7605-14; Laws, 1956, ch. 199, § 14; Laws, 1958, ch. 226, § 8; Laws, 1962, ch. 395, § 1; Laws, 1976, ch. 416, § 3; Laws, 1990, ch. 570, § 16, eff from and after July 1, 1990.

§ 59-9-45. Negotiability and taxation of bonds issued under §§ 59-3-37 and 59-9-41.

Any bonds, interest coupons, interim certificates or other obligations issued under the provisions of Sections 59-9-37 and 59-9-41 shall have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code, provided that it shall not be necessary to file any financing statements or continuation statements to perfect or protect the security of the holders of such bonds or to give notice to third parties of the existence of such security. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Codes, 1942, § 7605-14; Laws, 1956, ch. 199, § 14; Laws, 1958, ch. 226, § 8; Laws, 1962, ch. 395, § 1; Laws, 1976, ch. 416, § 4, eff from and after passage (approved May 2, 1976).

§ 59-9-47. Proceedings for issuance and validation of bonds issued under §§ 59-9-37 and 59-9-41.

Bonds authorized under the authority of Sections 59-9-37 and 59-9-41 may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. The bonds authorized under the authority of this chapter may, in the discretion of the board of supervisors of such county, be validated in the chancery court of such county in a manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.

HISTORY: Codes, 1942, § 7605-14; Laws, 1956, ch. 199, § 14; Laws, 1958, ch. 226, § 8; Laws, 1962, ch. 395, § 1, eff from and after passage (approved May 26, 1962).

§ 59-9-49. Levy of ad valorem tax for operating fund.

In addition and supplemental to the rights, duties and powers now or hereafter conferred by law upon counties having created a county port authority or county development commission, the board of supervisors of any such county, at the request of the county port authority or the county development commission, is authorized and empowered, in its discretion, to levy an ad valorem tax, not to exceed two mills on the dollar of assessed valuation of the taxable property of such county, to provide an operating fund for such county port authority or county development commission.

HISTORY: Codes, 1942, § 7605-14; Laws, 1956, ch. 199, § 14; Laws, 1958, ch. 226, § 8; Laws, 1962, ch. 395, § 1, eff from and after passage (approved May 26, 1962).

§ 59-9-51. County-wide election on issuance of bonds under §§ 59-9-37 and 59-9-41.

A county-wide election shall be held to determine whether such bonds, as are provided for in Sections 59-9-37 and 59-9-41, may be issued. Upon the calling of an election, notice of such election shall be signed by the clerk of the board of supervisors and shall be published once a week for at least three consecutive weeks in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed for such election, and the last publication shall be made not more than seven days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one days next preceding such election in three public places in such county. Such election shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such county may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words “FOR THE BOND ISSUE” and “AGAINST THE BOND ISSUE,” and the voter shall vote by placing a cross (x) or check (Π) opposite his choice on the proposition. When the results of the election on the question of the issuance of such bonds shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, and unless a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote thereon in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best. However, the board of supervisors, in its discretion may, in lieu of the foregoing provisions, adopt a resolution reciting its intention to issue bonds for the purposes authorized by this chapter, stating the amount of bonds proposed to be issued and the date upon which further action will be taken by the board looking toward the issuance of such bonds. Such resolution shall be published once a week for at least three successive weeks in a newspaper published and of general circulation within such county. The first of such publications shall be made at least twenty-one days prior to the date set forth in said resolution as the date upon which further action will be taken by the board, and the last of such publications shall be made not more than seven days prior to such date. If, prior to the date set forth as aforesaid, there shall be filed with the clerk of such board a petition in writing signed by twenty per cent (20%) of the qualified electors of such county, requesting an election on the question of the issuance of such bonds, then such bonds shall not be issued unless authorized by a majority of the qualified electors of such county who vote thereon at an election to be ordered by such board for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as provided by law with respect to the submission of other county bond issues in such county. If the proposition so submitted shall fail to receive approval at such election, then no further proceedings for the issuance of such bonds shall be had or taken within a period of six months from and after the date of such election. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by a majority of the qualified electors voting thereon, then such board of supervisors shall be authorized to proceed with the issuance of such bonds without further election.

HISTORY: Codes, 1942, § 7605-15; Laws, 1956, ch. 199, § 15; Laws, 1958, ch. 226, § 9; Laws, 1960, ch. 211, § 2.

§ 59-9-53. Pledge of county credit and resources for payment of bonds; issuance of revenue bonds.

Such bonds, as are provided for in Section 59-9-37, shall be general obligations of the county, and for the payment of such bonds and the interest thereon, the full faith, credit and resources of such county shall be and are hereby irrevocably pledged, and it shall be the mandatory duty of the board of supervisors of such county annually to levy upon all taxable property within such county an ad valorem tax sufficient to provide for the payment of such bonds as they mature and the interest thereon as it accrues, and the proceeds of such tax levy shall be used for no other purpose. In its discretion, such board of supervisors may also pledge for the payment of such bonds and interest thereon the revenues from facilities operated by the county port authority or county development commission, and any surplus revenues accruing to such county under and by virtue of Sections 65-33-45 and 65-33-47, Mississippi Code of 1972, and not theretofore pledged or hypothecated, and any other surplus funds available to such county from any other source, and not theretofore pledged or hypothecated. The board of supervisors of such county is further authorized, in its discretion, to issue revenue bonds of such county to provide funds for any purpose or purposes set out in this chapter, in the same manner as provided in Section 59-9-57 for the issuance of joint county and municipal revenue bonds, except that the board of supervisors of such county shall be authorized to issue such revenue bonds without the necessity of joint or concurrent action by any municipality, or the necessity of a separate election in such municipality, and such revenue bonds may be secured, in the discretion of the board of supervisors of such county, as provided in the preceding sentence hereof.

HISTORY: Codes, 1942, § 7605-16; Laws, 1956, ch. 199, § 16; Laws, 1958, ch. 226, § 10.

§ 59-9-55. Investment of proceeds of bonds.

Any county which has heretofore issued bonds pursuant to this chapter, is hereby authorized to invest the proceeds of such bonds not needed for immediate use in bonds, notes or other evidences of indebtedness of the United States, but such investments shall not be made except upon the approval of the development commission or port authority.

HISTORY: Codes, 1942, § 7605-16.5; Laws, 1962, ch. 394, § 3, eff from and after passage (approved June 1, 1962).

§ 59-9-57. Joint development, maintenance, operation, etc., of ports by county port authority or commission and municipality; joint bond issue.

The board of supervisors, acting through its county port authority or county development commission, and the governing authorities of the municipality in which the port of entry is located, acting through its port commission, jointly may negotiate a contract or contracts for the development, construction, repair, and maintenance and operation of seaports, wharves, piers, docks, ways, elevators, compresses, warehouses, roadways and water, air and rail terminals and other structures, facilities and lands needful for the convenient use of the same in the aid of commerce or any other property at the port of entry under the joint jurisdiction of such county port authority or county development commission and such port commission. Such county and municipality, acting through the board of supervisors of such county, and the governing authorities of such municipality are authorized to jointly issue bonds or other obligations to provide funds for such joint undertakings. Such bonds shall be issued as provided in Sections 59-9-37 through 59-9-51, but shall be jointly issued by the board of supervisors of such county and by the governing authorities of the municipality in which the port of entry is located, acting concurrently. Such bonds shall be denominated as port improvement bonds of the county and municipality issuing the same. Unless three-fifths (3/5) of the qualified electors of such county who voted in an election to be held for that purpose shall have voted in favor of the issuance of such bonds and three-fifths (3/5) of the qualified electors of the municipality in which the port of entry is located who voted in an election held for that purpose shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Electors of such county who vote in such election vote in favor of the issuance of such bonds and should three-fifths (3/5) of the qualified electors of the municipality in which the port of entry is located who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of such county and the governing authorities of the municipality in which the port of entry is located may issue such bonds, either in whole or part, within three years after the date of such election or within three years after the termination of any litigation affecting the issuance of such bonds, as such board of supervisors and such governing authorities of the municipality in which the port of entry is located jointly shall deem best. For the payment of such bonds and interest thereon, the board of supervisors of such county and the governing authorities of the municipality in which the port of entry is located, may each pledge the two-mill ad valorem tax authorized by Section 59-9-59, or such part thereof as may be required for the payment of such bonds and interest thereon. Such county and municipality, acting jointly, may also pledge for the payment of such bonds and interest thereon, the revenues from all or any of the facilities operated or to be operated jointly by the county port authority or county development commission and port commission and any revenues accruing to such county and municipality under and by virtue of Sections 59-7-1 or 59-7-303, and not theretofore pledged or hypothecated, and any such county may also pledge any surplus funds accruing by virtue of Sections 65-33-45 or 65-33-47, Mississippi Code of 1972, and not theretofore pledged or hypothecated, and any other surplus funds available to such county or municipality from any other source. Such bonds shall not be computed as being within any statutory limitation on the issuance of municipal or county bonds, but the two-mill ad valorem tax, or such part thereof as may be necessary for the payment of such bonds and interest thereon, as well as any revenues accruing to such county and municipality under and by virtue of Sections 59-7-1 or 59-7-303, and any surplus accruing to such county under Sections 65-33-45 or 65-33-47, Mississippi Code of 1972, and not theretofore pledged or hypothecated, shall be irrevocably pledged to the payment of such bonds and interest. Any bonds, or other obligations issued pursuant to this section shall be fully negotiable within the meaning and for all the purposes of the Mississippi Uniform Commercial Code. Whenever any county and municipality, acting jointly, shall have issued bonds hereunder, a portion of which remain outstanding and unpaid, and the governing authorities of such county and municipality, acting jointly, desire to issue additional bonds hereunder for the purposes herein authorized and desire to consolidate all such bonded indebtedness, such governing authorities, by resolution or resolutions, may at any time authorize and direct the issuance of bonds. The proceeds of such new bonds shall be used to take up, pay and redeem all of such outstanding and unpaid bonds at their par value, and the balance of such proceeds shall be used and expended for the purposes authorized by this section. In the event that such outstanding bonds, by the terms thereof, shall be redeemable prior to maturity at the option of such county and municipality, acting jointly, then such option of redemption shall be exercised in the manner provided in such bonds, or in the event that such outstanding bonds, by the terms thereof, be not so redeemable prior to maturity, then the consent of the holder or holders thereof shall first be had and obtained to the end that, in either of said events, the redemption of such outstanding bonds may be accomplished concurrently with the issuance of such new bonds. Such new bonds shall be issued in like manner and like incidence and shall be payable from the same source or sources and the payment thereof shall be secured in like manner as herein provided in the case of the issuance of original bonds hereunder. In lieu of selling such portion of such new bonds as may be required to provide for the redemption of such outstanding bonds, such new bonds may be issued and delivered in exchange for and upon surrender and cancellation of a like amount of such outstanding bonds.

HISTORY: Codes, 1942, § 7605-17; Laws, 1956, ch. 199, § 17; Laws, 1958, ch. 226, § 11.

§ 59-9-59. Joint bond issue; tax levy; collection and disposition of taxes.

Where the issuance of bonds has been authorized as provided by Section 59-9-57, and so long as any of such bonds shall be outstanding the board of supervisors of such county, and the governing authorities of the municipality wherein the port of entry is located in such county, are authorized to levy and collect an ad valorem tax not to exceed two mills, for the joint development, construction, maintenance, repair, or operation of harbor and port facilities authorized by this chapter, which levy shall be collected by the tax collector of such county and the tax collector of the municipality, and shall be deposited into a fund to be designated “the county port fund” and into “the municipal port fund”, respectively, and which sums shall be disbursed on the requisition of the county port authority, or the port commission of the municipality, as the case may be, and which funds may also be pledged and used for the payment of bonds issued hereunder.

All taxes collected for the payment of principal of and interest on bonds issued hereunder, shall be credited to a special fund in the county and municipal treasuries of such county and municipality and to be known and designated as the “port bonds interest and sinking fund”, and all sums credited to said fund shall be used to pay such bonds as they mature and the interest thereon as it accrues and for no other purpose. It shall be the mandatory duty of such board of supervisors and governing authorities of the municipality to transfer funds from said port funds to the port bonds interest and sinking fund in amounts sufficient to pay maturing principal and accruing interest on bonds issued hereunder. To the extent that funds are thus made available for the payment of such bonds and the interest thereon, the special tax levy herein provided for may be correspondingly reduced.

HISTORY: Codes, 1942, § 7605-18; Laws, 1956, ch. 199, § 18.

§ 59-9-61. Joint bond issue; control of facilities; collection and disposition of revenues.

All improvements and facilities constructed pursuant to the joint issuance of bonds by any county and municipality under the authority of Sections 59-9-57 and 59-9-59, shall be maintained and operated under the control of the county port authority and of the port commission. The county port authority and port commission shall, subject to and in accordance with any agreement or agreements as may be made by any such county and municipality with the purchaser or purchasers of bonds or other obligations issued pursuant to this chapter, prescribe, levy, and collect all rents, fees, tolls, revenues and other charges in connection with the use and occupancy of the aforesaid improvements and facilities, and shall pay over all net revenues derived from the operation of such improvements and facilities to any trustee, or successor thereto, established as hereinafter in this chapter provided. Net revenues shall be deemed to be such as may be defined in any agreement or agreements entered into between any such county and municipality and the purchaser or purchasers of any bonds or other obligations issued pursuant to the aforesaid sections.

HISTORY: Codes, 1942, § 7605-19; Laws, 1956, ch. 199, § 19.

§ 59-9-63. Joint bond issue; powers and duties of counties and municipalities.

In connection with the issuance of bonds or other obligations by any county and municipality jointly pursuant to this chapter, such county and municipality, acting jointly, shall have the powers and duties conferred by Sections 59-7-321 and 59-7-323, and all such powers and duties shall apply to and shall be exercised jointly by such county and municipality.

HISTORY: Codes, 1942, § 7605-20; Laws, 1956, ch. 199, § 20.

§ 59-9-65. Issuance of bonds and obligations for dredging channels and industrial site preparation.

1. In addition to authority to issue bonds or other obligations pursuant to this chapter, the board of supervisors of any county which has a plan approved by the Mississippi Board of Economic Development for the planned development of any port, harbor or waterway, may, with the approval of the Mississippi Board of Economic Development, issue general obligation bonds of such county in the maximum principal amount of two million dollars ($2,000,000.00) to provide funds for the dredging of channel and harbor and preparation of site for the construction or acquisition of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges, floating drydocks, graving docks, marine railways, tugboats, or any other facilities required or incidental to the construction, outfitting, drydocking or repair of ships or vessels.
2. Such bonds may be issued at one (1) time or from time to time, in such amount or amounts, shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972, shall mature in such amount or amounts and at such time or times, not exceeding twenty (20) years from the date thereof, with or without option of prior payment, and shall be executed in such manner, all as may be determined by the said board of supervisors. No interest payment due on any bond shall be evidenced by more than one (1) coupon and supplemental coupons will not be permitted; the difference between the highest rate of interest specified for any bond issue shall not exceed the lowest rate of interest specified for the same bond issue by more than one and one-fourth percent (1-1/4%). Each interest rate specified in any bid must be in a multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named. Such bonds shall be signed by the president of the board of supervisors of such county, and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officer. Whenever any such bonds shall have been signed by the officers herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.
3. Before issuing such bonds, the board of supervisors of such county shall adopt a resolution declaring its intention to issue such bonds, stating the amount of bonds proposed to be issued and the date upon which further action will be taken by the board looking toward the issuance of such bonds. Such resolution shall be published once a week for at least three (3) successive weeks in a newspaper published and of general circulation within such county. The first of such publications shall be made at least twenty-one (21) days prior to the date set forth in said resolution as the date upon which further action will be taken by the board, and the last of such publications shall be made not more than seven (7) days prior to such date. If, prior to the date set forth as aforesaid, there shall be filed with the clerk of such board a petition in writing signed by twenty percent (20%) of the qualified electors of such county, requesting an election on the question of the issuance of such bonds, then such bonds shall not be issued unless authorized by a majority of the qualified electors of such county who vote thereon at an election to be ordered by such board for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as provided by law with respect to the submission of other county bond issues in the county. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by a majority of the qualified electors voting thereon, then such board of supervisors shall be authorized to proceed with the issuance of such bonds without further election.
4. The board of supervisors of such county shall sell such bonds in such manner and for such price as it may determine to be for the best interest of said county, but in no case to exceed the rate of interest hereinabove provided, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one (1) time not less than ten (10) days prior to the date of sale and shall be published in a newspaper published in and having general circulation within the county.
5. The resolution or order adopted by the board of supervisors authorizing the issuance of said bonds shall pledge the sources of revenues authorized under the statutes to pay the principal thereof and interest thereon; and all bonds issued under one (1) resolution or order may be equally secured and entitled to be paid. In addition to such pledge, such bonds shall be payable from an ad valorem tax which may be levied without limit as to rate or amount upon all taxable property within the county.

HISTORY: Codes, 1942, § 7605-23; Laws, 1956, ch. 199, § 23; Laws, 1967, Ex. Sess. ch. 6, §§ 1-3; Laws, 1981, ch. 462, § 20; Laws, 1982, ch. 434, § 34; Laws, 1983, ch. 541, § 41, eff from and after passage (approved April 25, 1983).

§ 59-9-67. Reclamation of submerged lands and tidelands; conveyance of lands by state; lease or sale of lands and facilities by county.

1. For the purposes set out in subsection (1) of Section 59-9-65, the board of supervisors of such county, acting by and through the county port authority, and with the supervision and approval of the Mississippi Agricultural and Industrial Board, shall have the power to dredge, fill in and reclaim submerged lands and tidelands belonging to the State of Mississippi; and the state land commissioner, with the approval of the attorney general and the governor, is hereby authorized and empowered to convey such reclaimed submerged lands and tidelands to such county and to issue the state’s patent therefor, but all oil, gas and other minerals in, on or under said lands are hereby specifically reserved unto the State of Mississippi. Such county, acting through its county port authority, shall have the further power to develop and utilize such lands for any of such purposes, provided, however, that no normal or natural channel shall be obstructed so as to interfere with the normal navigation therein.
2. The board of supervisors of such county, acting jointly with the county port authority, and with the approval of the Mississippi Agricultural and Industrial Board, shall have the power to lease such lands, for a term not in excess of ninety-nine years from the date of such lease, or to sell or otherwise dispose of such land to the State of Mississippi, or to individuals, firms or corporations, public or private, for industrial operations, on such terms and conditions and with such safeguards as will best promote and protect the public interest, and they are hereby authorized to transfer possession and/or title to any part or all of such lands by deed, lease, contract, or other customary business instrument.
3. Any facilities constructed or acquired for use on such lands under the provisions of Section 59-5-11, including, but not limited to machinery or equipment, may be leased for a term not in excess of ninety-nine years from the date of such lease, or sold, or otherwise disposed of to the State of Mississippi or to individuals, firms or corporations, public or private, for industrial operations, on such terms and conditions, with such safeguards as will best promote and protect the public interest, and subject to the limitations set out in Section 59-5-11, and the board of supervisors of such county, acting jointly with the county port authority, and with the approval of the Mississippi Agricultural and Industrial Board, is authorized to transfer possession and/or title to any part, or all of such facilities, machinery or equipment by deed, lease, contract, or other customary business instrument.

HISTORY: Codes, 1942, § 7605-23; Laws, 1956, ch. 199, § 23; Laws, 1967, Ex. Sess. ch. 6, §§ 1-3, eff from and after passage (approved June 29, 1967).

§ 59-9-69. Additional general obligation bonds.

In addition to the authority set out in subsection (1) of Section 59-9-65, the board of supervisors of such county may issue general obligation bonds of such county in the additional maximum principal amount of five million dollars ($5,000,000.00), to provide funds for any purposes authorized by Sections 59-9-17 through 59-9-23. Such bonds shall be issued as provided in subsections (2), (3), (4) and (5) of Section 59-9-65, Section 59-9-73, and subsection (2) of Section 59-9-75.

HISTORY: Codes, 1942, § 7605-23; Laws, 1956, ch. 199, § 23; Laws, 1967, Ex. Sess. ch. 6, §§ 1-3, eff from and after passage (approved June 29, 1967).

§ 59-9-71. Dredging and site preparation; fund.

1. The Mississippi Agricultural and Industrial Board shall assist and supervise the dredging of channel and harbor and preparation of site for the construction of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges, floating drydocks, graving docks, marine railways, tug boats, or any other facilities required or incidental to the construction, outfitting, drydocking or repair of ships or vessels as contemplated by Sections 59-9-65 and 59-9-67. All sums of money received or obtained by the agricultural and industrial board under the provisions of Sections 59-9-65 through 59-9-75, by appropriation or otherwise, shall be paid into the state treasury and shall constitute a fund to be known as the “agricultural and industrial dredging and site preparation fund.” All expenditures shall be paid therefrom by the state treasurer on warrant of the auditor of public accounts; and said auditor shall issue his warrant upon requisition signed by the director and the secretary of the agricultural and industrial board.
2. To the extent that funds may be available, the agricultural and industrial board shall join with any board of supervisors acting under authority of subsection (1) of Section 59-9-65 in contracting for the work contemplated by said Sections 59-9-65 and 59-9-67, and shall pay from the “agricultural and industrial dredging and site preparation fund” eighty per cent (80%) of the cost of any such project not to exceed four million dollars ($4,000,000.00) for any one county board of supervisors. The agricultural and industrial board shall require such safeguards and controls for the proper accomplishment of such projects as shall be deemed appropriate. However, the said agricultural and industrial board shall observe all procedures, regulations and requirements of law with regard to public contracts and the letting thereof under the B.A.W.I. acts.
3. If the program provided by Sections 59-9-65 through 59-9-75 is terminated or discontinued for any reason in the future, all moneys in the “agricultural and industrial dredging and site preparation fund,” after payment of any outstanding costs in connection with any project undertaken, shall be transferred to the general fund of the state treasury on written certification of the director of the agricultural and industrial board that this program has been discontinued or terminated by said agricultural and industrial board, citing the statutory authority therefor.

HISTORY: Codes, 1942, § 7605-23; Laws, 1956, ch. 199, § 23; Laws, 1967, Ex. Sess. ch. 6, §§ 1-3, eff from and after passage (approved June 29, 1967).

§ 59-9-73. Negotiability and taxation of bonds issued under Sections 59-9-65 through 59-9-75.

All bonds and interest coupons issued under the provisions of Sections 59-9-65 through 59-9-75 shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code and in exercising the powers granted by said sections, the board shall not be required to and need not comply with the provisions of the Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Codes, 1942, § 7605-23; Laws, 1956, ch. 199, § 23; Laws, 1967, Ex. Sess. ch. 6, §§ 1-3, eff from and after passage (approved June 29, 1967).

§ 59-9-75. Proceedings for issuance and validation of bonds issued under Sections 59-9-65 through 59-9-75; applicability of debt limitations.

1. Sections 59-9-65 through 59-9-75, without reference to any other statute, shall be deemed to be full and complete authority for the issuance of such bonds by such county, and no proceedings shall be required for the issuance of such bonds other than those provided for and required herein, and the limitations of Sections 59-9-37 through 59-9-49, shall not be applicable to the bonds issued under the provisions of Sections 59-9-65 through 59-9-75 nor shall such bonds be included or computed in the statutory limitations of indebtedness of any such county, and all the necessary powers to be exercised by the board of supervisors of such county in order to carry out the provisions of Sections 59-9-65 through 59-9-75, are hereby conferred.
2. The bonds authorized under the authority of Sections 59-9-65 through 59-9-75 may, in the discretion of the board of supervisors of such county, be validated in the chancery court of such county in a manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.

HISTORY: Codes, 1942, § 7605-23; Laws, 1956, ch. 199, § 23; Laws, 1967, Ex. Sess. ch. 6, §§ 1-3, eff from and after passage (approved June 29, 1967).

§ 59-9-77. Construction of chapter.

This chapter, without reference to any other statute, shall be deemed full and complete authority for the issuance and sale of bonds as herein provided, and shall be construed as additional and alternative methods therefor, and none of the present restrictions, requirements, conditions, or limitations of law shall be applicable to the issuance and sale of bonds under this chapter, except as herein otherwise expressly limited, and no proceedings shall be required for the issuance of such bonds other than those provided for and required herein, and all powers necessary to be exercised by the board of supervisors of such county, and by the governing authorities of the municipality in which the port of entry is located in such county, in order to carry out the provisions of this chapter, are hereby conferred.

HISTORY: Codes, 1942, § 7605-21; Laws, 1956, ch. 199, § 21.

§ 59-9-79. Validation of bonds.

Except as otherwise specifically provided in this chapter, the bonds issued under this chapter may, in the discretion of the board of supervisors, or the board of supervisors and the governing authorities of the municipality in which the port of entry is located in such county, be validated under Sections 31-13-1 through 31-13-11, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 7605-22; Laws, 1956, ch. 199, § 22.

§ 59-9-81. Applicability of debt limitation.

The bonds or other obligations issued by counties or municipalities pursuant to this chapter shall not constitute a debt within the meaning of any statutory limitation as to the amount of debt which may be incurred by any such county or by any such municipality.

HISTORY: Codes, 1942, § 7605-23; Laws, 1956, ch. 199, § 23; Laws, 1967, Ex. Sess. ch. 6, §§ 1-3, eff from and after passage (approved June 29, 1967).

§ 59-9-83. Exemption from taxation of bonds; negotiability.

Except as otherwise specifically provided in this chapter, all bonds or other obligations issued pursuant to this chapter and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer and inheritance taxes, insofar as may be within the power of the State of Mississippi to provide and shall be negotiable instruments within the meaning of the law of merchants and the Mississippi Uniform Commercial Code.

HISTORY: Codes, 1942, § 7605-24; Laws, 1956, ch. 199, § 24.

§ 59-9-85. Action to enforce contractual rights.

The State of Mississippi, any county acting through a county port authority or a county development commission, or any person, firm or corporation entering into any contract with any county, acting through a county port authority or a county development commission authorized by this chapter, shall be entitled to maintain any action in any court of competent jurisdiction against the State of Mississippi, the county and the county port authority and the county development commission to enforce any contractual right arising out of any such contract.

HISTORY: Codes, 1942, § 7605-06; Laws, 1956, ch. 199, § 6; Laws, 1958, ch. 226, § 6; Laws, 1960, ch. 345, § 1; Laws, 1961, 2nd Ex. Sess. ch. 3, § 1; Laws, 1967, Ex. Sess. ch. 5, § 1; Laws, 1968, ch. 433, § 1; Laws, 1971, ch. 462, § 1, eff from and after passage (approved March 30, 1971).

§ 59-11-1. Creation of commission.

Any county in the State of Mississippi bordering on the Mississippi Sound or the Gulf of Mexico, which has not heretofore created a county port authority or county development commission as authorized by chapter 9 of this title is hereby authorized, in the discretion of the board of supervisors of such county, as evidenced by a resolution adopted by such board of supervisors, to create a county port and harbor commission.

HISTORY: Codes, 1942, § 7605-41; Laws, 1962, ch. 393, § 1, eff from and after passage (approved June 1, 1962).

§ 59-11-3. Appointment of members; terms of office; per diem.

1. Any county port and harbor commission created pursuant to Section 59-11-1 shall be appointed as follows: three (3) members shall be appointed by the Governor, one (1) from each of the three (3) municipalities of the county, which appointments shall be made from those persons recommended and nominated by the governing authorities of the municipalities, and shall be qualified electors of the county; and five (5) members shall be appointed by the board of supervisors of such county, each supervisor to recommend the appointment of one (1) member thereof. The members of the county port and harbor commission shall serve for terms concurrent with that of the Governor and the board of supervisors making such appointment.
2. Each member of the county port and harbor commission shall receive per diem compensation in an amount up to Eighty-four Dollars ($84.00) for each day engaged in attendance of meetings of the county port and harbor commission or when engaged in other duties of the county port and harbor commission, and shall be reimbursed for mileage and actual travel expenses at the rate authorized for county employees under Section 25-3-41.

HISTORY: Codes, 1942, § 7605-42; Laws, 1962, ch. 393, § 2; Laws, 2004, ch. 433, § 1; Laws, 2005, ch. 340, § 1; Laws, 2008, ch. 454, § 1; Laws, 2009, ch. 453, § 2; Laws, 2013, ch. 502, § 1, eff from and after July 1, 2013.

§ 59-11-5. Jurisdiction of commission; payments into county port fund; special tax levy.

The county port and harbor commission shall have jurisdiction over the ports, terminals, harbors, channels, and passes leading thereto, and all vessels, boats, and wharves, common carriers and public utilities therein, using the same within the county. The board of supervisors of each such county electing to exercise the provisions of this chapter shall pay or cause to be paid into the port fund of said county a sum equal to one fourth of the sum paid into said fund under this chapter from the state tax levy and such payments shall be continued as long as there remains unpaid and outstanding any bonded indebtedness created by such board of supervisors as hereinafter provided. Any such board of supervisors shall provide the sum herein required either by appropriation from any available funds of the county or by the levy, in addition to all other county taxes, of a tax of two mills on the dollar of the assessed valuation of taxable property within such county upon which taxes for the general county fund are levied and collected. In case of a special tax levy as herein authorized, the tax collector of each such county shall set aside the avails of such levy and shall pay the same directly into the port fund of such county. However, no part of such two mill levy shall be reimbursable under the homestead exemption laws of the State of Mississippi.

HISTORY: Codes, 1942, § 7605-43; Laws, 1962, ch. 393, § 3, eff from and after passage (approved June 1, 1962).

§ 59-11-7. Powers and duties of commission; right of county to receive state ad valorem tax for port improvement.

The county port and harbor commission shall have the powers and duties vested in the county port authority or the county development commission by Chapter 9 of this Title. However, no county in which a county port and harbor commission has been created, as provided in this chapter, shall be entitled to receive any portion of the state ad valorem tax made available for port improvement purposes under the provisions of Section 59-7-103, unless and until such county has made application to the Mississippi Board of Economic Development, and such board shall first adjudicate and determine the feasibility of the project for which application for such funds is made, as provided in Section 59-7-103.

HISTORY: Codes, 1942, § 7605-44; Laws, 1962, ch. 393, § 4; Laws, 1984, ch. 488, § 255, eff from and after July 1, 1984.

§ 59-13-1. Harbor improvements by coast counties authorized.

The board of supervisors of any county in the State of Mississippi, bordering on the Mississippi Sound or Gulf of Mexico, having an assessed valuation in excess of eight million dollars ($8,000,000.00) according to the last completed assessment; and any county in the state bordering on the Mississippi Sound or Gulf of Mexico having an assessed valuation of less than five million dollars ($5,000,000.00), according to the last completed assessment, be, and it is hereby authorized, in its discretion, and subject to complying with the provisions of this chapter, to use and expend for public harbor improvements, harbor development, breakwaters, wharves and docks, recreational centers and all buildings in connection therewith deemed necessary or appropriate by such board, and for the purchase of necessary lands and rights of way in the county or in any supervisor’s district therein bordering on the Mississippi Sound or Gulf of Mexico, any funds received from the sale of bonds issued under the provisions of this chapter.

HISTORY: Codes, 1942, § 7606; Laws, 1938, Ex. Sess. ch. 59; Laws, 1940, ch. 269.

§ 59-13-3. Employment of engineers, architects, etc.; adoption of order giving notice of intent to issue bonds.

The board of supervisors of any county described in Section 59-13-1 shall have authority to employ competent engineers or architects to make necessary plans and specifications for such harbor improvements and buildings which the board may deem necessary and proper to be constructed in connection therewith and said plans and specifications, after the same have been approved by said board, shall be filed with its clerk and the board shall adopt an order to be spread upon its minutes giving notice of its intention to issue bonds to provide funds for such improvements, or any of them, as shown by said plans and specifications.

HISTORY: Codes, 1942, § 7607; Laws, 1938, Ex. Sess. ch. 59; Laws, 1940, ch. 269.

§ 59-13-5. Publication of order giving notice of intent to issue bonds; election on bond issue.

Upon the adoption of such order by the board of supervisors, as provided for in Section 59-13-3, the clerk of such board shall publish in two weekly issues of some newspaper having a general circulation in the county, a notice of intention to issue bonds for said purposes; if, within fifteen days after the first publication of a copy of such notice twenty-five per cent of the qualified electors of the county if the bonds to be issued are to be county-wide bonds, or twenty-five per cent of the qualified electors of the supervisor’s district if the bonds to be issued are to be district bonds, petition the board of supervisors for an election to determine whether or not such bonds shall be issued, such election shall be ordered by said board of supervisors in which the qualified electors of the county, if the bonds to be issued are county-wide bonds, or of the supervisor’s district, if the bonds to be issued are district bonds, shall be eligible to participate, and if at such election a majority of those voting vote in favor of the issuance of such bonds the same shall be issued, but if a majority shall vote against the issuance of such bonds the same shall not be issued. Such election shall be held and conducted and the returns thereof made as provided by law for other county or district elections. If no such petition be presented within fifteen days after the first publication of such notice, the bonds shall be issued in the manner provided by law. However, in any case where an election has heretofore been held in any county or supervisors district, pursuant to the provisions of this chapter on the question of issuing bonds of such county or supervisors district for the purpose of providing and constructing public harbor improvements, harbor developments, breakwaters, wharves and docks, recreational centers and all buildings in connection therewith, and providing necessary rights of way, and a majority of those who participated in such election voted in favor of the issuance of such bonds, and such bonds have not for any reason been issued, the board of supervisors of such county in which such supervisors district is situated, as the case may be, may, by resolution of such board, adopted at any time within twelve months from and after the passage of this chapter, authorize and direct the issuance of bonds of such county or district under the provisions of this chapter, in an amount not exceeding the amount set forth in the proposition submitted at such election, and for the purposes authorized by this chapter, without the giving of any notice required in this section and without any further election on the issuance thereof.

HISTORY: Codes, 1942, § 7608; Laws, 1938, Ex. Sess. ch. 59; Laws, 1940, ch. 269.

§ 59-13-7. Limitations on amount of bond issues; prerequisites for issuance of bonds.

The board of supervisors of any county in Mississippi bordering on the Mississippi Sound or Gulf of Mexico, and having an assessed valuation in excess of eight million dollars ($8,000,000.00) may, in its discretion, issue and sell the bonds of any supervisor’s district therein bordering on the Mississippi Sound or Gulf of Mexico, in an amount not exceeding two hundred thousand ($200,000) dollars, and the board of supervisors of any such county having an assessed valuation of less than five million dollars ($5,000,000.00) may, in its discretion, issue and sell the bonds of such county in an amount not exceeding two hundred thousand dollars ($200,000) and the proceeds of such bonds shall be used to construct the improvements as shown by the aforesaid approved plans and specifications, and to pay all costs and expenses necessarily incident thereto, except as provided in Section 59-13-5. Such bonds shall not be issued until notice of intention to issue and sell the same shall have been made in the manner provided for giving notice in said section, and all of the provisions of said section as to petition for election, time to file petitions for election, ordering and holding an election, shall apply to issuance of such bonds; if no petition for an election be filed in the time fixed, or if an election be called and a majority of those voting thereat vote in favor of the issuance of such bonds, the bonds shall be issued and sold at such time and in such manner as the board of supervisors shall determine.

HISTORY: Codes, 1942, § 7609; Laws, 1938, Ex. Sess. ch. 59; Laws, 1940, ch. 269.

§ 59-13-9. Terms and conditions of bonds; tax levy for payment of bonds; execution of bonds.

Bonds issued under the authority of this chapter shall be full faith and credit obligations of the county or supervisors district for which the same are issued and the board of supervisors shall annually levy upon all taxable property within such county or supervisors district, as the case may be, an ad valorem tax sufficient to pay said bonds at maturity and the interest thereon as it accrues. Said bonds shall bear interest at a rate to maturity not to exceed that allowed in Section 75-17-101, shall be payable semiannually, shall mature within twenty (20) years of the date of issuance in such annual maturities and denominations and shall be in such form as the board of supervisors may direct and such bonds shall not be subject to any limitation relative to amount of bonded debt. Said bonds shall be executed by the signature of the president of the board of supervisors, countersigned by the clerk thereof, under the seal of such board.

HISTORY: Codes, 1942, § 7610; Laws, 1938, Ex. Sess. ch. 59; Laws, 1940, ch. 269; Laws, 1986, ch. 384, § 1, eff from and after passage (approved March 24, 1986).

§ 59-13-11. Purchase of land and rights of way; eminent domain.

The board of supervisors of any county in which any harbor improvements may be constructed under the provisions of this chapter, may purchase lands and rights of way necessary therefor and pay for the same out of the proceeds of bonds herein provided; and for the purpose of carrying out the provision of this chapter said boards of supervisors are hereby clothed with the power and authority, and it is made their duty, to exercise the right of eminent domain, in their discretion, in the acquisition of such lands and rights of way.

HISTORY: Codes, 1942, § 7611; Laws, 1938, Ex. Sess. ch. 59; Laws, 1940, ch. 269.

§ 59-13-13. Operation of harbor facilities; collection of charges.

The board of supervisors of any county after having constructed improvements under this chapter is hereby authorized and empowered to operate and maintain such harbor facilities and to make and enforce all rules and regulations necessary for such operation and maintenance, and such board may also fix and collect charges for the use of such facilities and may, in its resolution or order directing the issuance of bonds under this chapter, irrevocably pledge to the payment of the principal of and the interest on such bonds the net income and revenue resulting from the operation of such facilities.

HISTORY: Codes, 1942, § 7612; Laws, 1938, Ex. Sess. ch. 59; Laws, 1940, ch. 269.

§ 59-13-15. Levy of tax by certain coast counties for aiding in development and improvement of harbor or channel.

1. The board of supervisors of any county in the State of Mississippi bordering on the Mississippi Sound or Gulf of Mexico having an assessed valuation at its last completed assessment in excess of $45,000,000.00 and having within its borders a city in which there is maintained a harbor or channel with a depth of not less than four and one-half feet, and in which city there is operated seasonally one or more canning plants for canning, processing or freezing shrimp, oysters or other seafoods, is hereby authorized, in its discretion, to annually levy a tax not to exceed one mill on each dollar of the assessed valuation of all of the taxable property within such county, for the purpose of aiding in the development and improvement of such harbor or channel of said city.
2. The proceeds of said levy shall be paid to the governing authorities of the city wherein such channel or harbor is located and shall be deposited in the city depository in a special account to be designated as “port fund” of such city and the same shall be expended by the governing authorities of such city for the development and improvement of said channel or harbor, for the purposes and in the manner set out in the general laws of Mississippi, including Section 21-37-15, Mississippi Code of 1972.
3. No reimbursement shall be made under the Homestead Exemption Law of 1946 Sections 27-33-1 through 27-33-65, Mississippi Code of 1972, for any tax levy made under the provisions of this chapter.

HISTORY: Codes, 1942, § 7612.5; Laws, 1956, ch. 200, §§ 1-3.

§ 59-15-1. Acquisition of land, harbor sites or water frontage by certain cities.

The authorities of any city in this state which has a population of ten thousand or more, according to the last official government census, and the authorities of any municipality bordering on the Mississippi Sound or Gulf of Mexico are hereby given the authority to acquire by purchase, deed, donation, gift, grant, reclamation, lease, dedication, or otherwise, land, harbor sites or water frontage for the purpose of establishing, developing, promoting, maintaining, and operating harbors for small water crafts and recreational parks connected therewith within its territorial limits, or both, and shall have the power to acquire, purchase, install, rent, lease, mortgage, incumber, construct, own, hold, maintain, equip, use, control and operate recreational parks and harbors for small water craft.

HISTORY: Codes, 1942, § 7613; Laws, 1935, ch. 63; Laws, 1938, Ex. Sess. ch. 71.

§ 59-15-3. Operation of improvements and facilities.

All improvements and facilities constructed pursuant to this chapter shall be maintained and operated under the control of the city authorities. The city authorities of such city, or cities, shall, subject to and in accordance with any agreement, or agreements, as may be made by any such city with the purchaser, or purchasers, of bonds or other obligations issued pursuant to this chapter, prescribe, levy and collect all rent, fees, tolls, revenues, privileges, commissions, and other charges in connection with the operation, use and occupancy of the aforesaid improvements and facilities, and shall pay over all net revenues derived from the operation of said improvements and facilities to any trustee or successor thereto designated as hereinafter in this chapter provided. The net revenues shall be deemed to be such as may be defined in any agreement, or agreements, entered into between any such city, and the purchaser, or purchasers, of any bonds or other obligations issued pursuant to this chapter. The authorities of any such city, or cities, shall make a financial report to the said trustee annually of the operation of the aforesaid improvements and facilities.

HISTORY: Codes, 1942, § 7614; Laws, 1935, ch. 63.

§ 59-15-5. General powers of municipality as to bonds.

In connection with the issuance of bonds or other obligations by any municipality pursuant to this chapter or in order to secure the payment of said bonds or other obligations, such municipality shall have power:

To accept grants from the United States of America, the President of the United States, or such agencies, instrumentalities or corporations as may be designated or created to make grants or loans (hereinafter termed “federal agency”) pursuant to any act of the Congress of the United States providing for the construction of useful public works for or in aid of work, development authorized by this chapter.

To make such contracts and execute such instruments containing such provisions, covenants and conditions as in the discretion of the authorities of any such municipalities may be necessary, proper or advisable for the purpose of obtaining or securing grants, loans, or other financial assistance from any federal agency pursuant to any act of Congress of the United States, to make such further, different or additional contracts and execute all instruments necessary or convenient in or for the furtherance of any work, development or improvement, including but not limited to all property real and personal appurtenant thereto or connected therewith and the existing work, development or improvement, if any, to which the work, development or improvement authorized by this chapter is an extension, addition, betterment or embellishment (hereinafter termed “work, development or improvement”), to carry out and perform the terms and conditions of any such contract or instrument.

To pledge all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence.

To covenant against the pledging of all or any part of the fees, rents, tolls, revenues or other charges received or receivable by such municipality from any work, development or improvement to which its right then exists or the right to which may thereafter come into existence so long as any of the bonds or other obligations issued under the provisions of this chapter remain unpaid.

To covenant against the incumbering of all or any part of any work, development or improvement or against permitting or suffering any lien thereon so long as any of the bonds or other obligations issued under the provisions of this chapter remain unpaid.

To covenant as to what other or additional debt may be incurred by such municipality.

To provide for the preparation, specifications, terms, form, registration, extension, execution and authentication of any bonds or other obligations issued pursuant to this chapter.

To provide for the replacement of lost, destroyed or mutilated bonds or other obligations issued pursuant to this chapter.

To covenant as to the fees, rents, revenues, concessions or tolls to be charged, the amount to be raised each year or other period of time and as to the use and disbursement to be made thereof.

To covenant to set aside or to pay over reserves and sinking funds and as to the disposal thereof.

To redeem prior to maturity, with or without premium, bonds or other obligations issued pursuant to this chapter and to covenant for their prior redemption and to provide the terms and conditions thereof.

To covenant against extending the time for the payment of the interest on or principal of the bonds or other obligations issued pursuant to this chapter directly or indirectly by any means or in any manner.

To covenant as to books of account of such municipality and as to the inspection and audit thereof and as to the accounting methods.

To covenant as to the rights, liabilities, powers and duties arising upon the breach by such municipality of any covenant, condition or obligation assumed pursuant to this chapter.

To make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure any bonds or other obligations issued pursuant to this chapter or in the absolute discretion of the authorities of such municipality in order to make such bonds or other obligations more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein or expressly authorized herein; it being the intention hereby to give the authorities of any municipality issuing bonds or other obligations pursuant to this chapter the power to do all things in the issuance of said bonds or other obligations and for their execution that may not be inconsistent with the constitution of the State of Mississippi.

HISTORY: Codes, 1942, § 7617; Laws, 1935, ch. 63.

§ 59-15-7. Authority to issue bonds; audit and inspection of accounts.

Any city as is described in Section 59-15-1, is hereby given authority, upon the adoption of a resolution to such effect, to issue bonds or other obligations for any or all of the purposes as in this chapter herein provided; but such bonds or other obligations shall not be issued unless and until the governing authorities of the municipality are first authorized and requested so to do by a petition signed by not less than seventy-five per cent of the qualified electors of the municipality, or until authorized so to do by two-thirds of the qualified electors of the municipality who vote in an election called for that purpose. Said petition, or the ballot used in such election, as the case may be, shall disclose the purposes for which said funds are sought, and all funds derived thereunder shall be kept in a separate account by the municipality and shall be used solely for the purposes set forth in said petition, or upon the aforesaid ballot, as the case may be. The books of accounts and other sources of information pertaining to duties under the provisions of this chapter of any such city shall be and remain at all times open to inspection and subject to audit by the holder or holders of any bonds or other obligations issued pursuant to this chapter.

HISTORY: Codes, 1942, § 7616; Laws, 1935, ch. 63; Laws, 1936, ch. 312.

§ 59-15-9. Payment of principal and interest on bonds generally.

The bonds or other obligations issued by any municipality of the State of Mississippi pursuant to the provisions of this chapter shall be secured as to payment as hereinafter in this chapter provided, and in addition thereto shall be secured as to payment by the full faith and credit of the municipality issuing the same, and the governing authorities of such municipality shall annually levy a tax on all the taxable property of such municipality sufficient to produce an amount, which, when added to the net revenues hereinafter in this chapter authorized to be pledged for the payment thereof, will be sufficient to pay all interest and principal of such bonds which may mature during such annual period. Such bonds or other obligations so issued, being additionally secured as to payment as hereinafter in this chapter provided, shall not be construed as a debt within the meaning of any statutory limitation as to the amount of which may be incurred by any such municipality.

HISTORY: Codes, 1942, § 7615; Laws, 1935, ch. 63; Laws, 1936, ch. 312.

§ 59-15-11. Details of bonds; interim certificates.

The power to issue bonds or other obligations authorized by Sections 59-15-1 through 59-15-9, shall be vested in, and may be exercised from time to time by, the governing body of any municipality described in said sections. Such bonds or other obligations shall be authorized by resolution of the governing body of any such municipality and shall bear such date or dates, mature at such time or times, not exceeding twenty-five years from their respective dates, bear interest at such rate or rates, not exceeding four per centum per annum, be in such denomination, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of prior redemption, with or without premium as such resolution or resolutions may provide. Such bonds or other obligations may be sold at public or private sale for such price or prices as the governing body of such municipality shall determine, provided that the interest cost to maturity of the money received from any issue of said bonds or other obligations shall not exceed four per centum per annum. Such bonds or other obligations may be issued by any municipality described in Sections 59-15-1 through 59-15-9 in a principal amount not exceeding in the aggregate one hundred thousand dollars ($100,000.00), for any purpose or purposes authorized by said sections. Such municipality shall have power out of any funds available to purchase any bonds or other obligations issued by it pursuant to this chapter, and all bonds or other obligations so purchased shall be canceled and no bonds or other obligations shall be issued in lieu thereof. In anticipation of the issuance of the definitive bonds authorized by this chapter, any such municipality may issue interim certificates. Such interim certificates shall be in such form, contain such terms, conditions or provisions, bear such date or dates, and evidence such agreement or agreements relating to their discharge by payment or by the delivery of the definitive bonds, as such municipality by resolution of its governing body may determine. Any bonds, interim certificates or other obligations issued pursuant to this chapter shall be fully negotiable within the meaning and for all the purposes of the Mississippi Uniform Commercial Code.

HISTORY: Codes, 1942, § 7620; Laws, 1935, ch. 63.

§ 59-15-13. Disposition of proceeds of bonds; penalties for diversion; guarantee of payment of bonds.

The proceeds from the sale of any bonds or other obligations issued pursuant to this chapter shall be placed to the credit of the municipality issuing such bonds in a bank or banks which are members of the Federal Reserve System and may be withdrawn therefrom in accordance with any agreement or agreements entered into between such municipality and the purchaser or purchasers of such bonds or other obligations and shall be used for no other purpose than the purpose or purposes set forth in the original resolution of the governing body of such municipality. Any officer or other person diverting or assisting to divert any such funds to any other purpose or purposes than the purpose or purposes originally set forth in said resolution of the governing body of such municipality shall be guilty of a felony and punishable accordingly, and shall be liable both personally and on official bond for such diversion. Nothing in this chapter shall be construed as a guarantee on the part of such city to pay the principal of or interest on any bonds or other obligations issued pursuant to this chapter.

HISTORY: Codes, 1942, § 7621; Laws, 1935, ch. 63.

§ 59-15-15. Mortgage or deed of trust.

Any municipality issuing bonds or other obligations pursuant to this chapter by resolution or resolutions duly adopted, is hereby given authority to execute and deliver a mortgage or deed of trust on any or all lands, properties, improvements and facilities, the acquisition, construction, maintenance or operation of which are provided for by this chapter. Such resolution or resolutions of such municipality shall prescribe the provisions, covenants and conditions of any such mortgage or deed of trust. Such provisions, covenants and conditions, if not self-executing, may be enforced by appropriate proceedings, either in law or in equity.

HISTORY: Codes, 1942, § 7622; Laws, 1935, ch. 63.

§ 59-15-17. Exemption from taxation of bonds.

Bonds or other obligations issued pursuant to this chapter and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer or inheritance taxes, in so far as may be within the power of the State of Mississippi so to provide.

HISTORY: Codes, 1942, § 7619; Laws, 1935, ch. 63.

§ 59-15-19. Trustees.

Any municipality issuing bonds or other obligations pursuant to this chapter shall, so long as any such bonds or other obligations remain outstanding and unpaid, by resolution or resolutions duly adopted, authorize and appoint a trustee, satisfactory to the purchaser or purchasers of any bonds or other obligations issued pursuant to this chapter, or any successor thereto, with the following powers and duties:

Such trustee so appointed, or any successor thereto, shall receive and receipt for all money paid or to be paid to it in accordance with Section 59-15-3, constituting the net revenues derived from the operation of the improvements and facilities authorized by this chapter;

Such trustee so appointed, or any successor thereto, shall deposit all money received or to be received, in a special account or accounts in a bank or banks which are members of the Federal Reserve System, with such provisions for security therefor as may be incorporated in any agreement or agreements entered into between any such municipality and the purchaser or purchasers of any such bonds or other obligations;

Such trustee so appointed, or any successor thereto, shall use and apply all such money so received to the payment of principal of and interest on any bonds or other obligations issued by any municipality pursuant to this chapter, as the same become due, and shall use and apply any surplus remaining after such payment or payments for the prior redemption, with or without premium, of bonds or other obligations issued by any municipality pursuant to this chapter, or in accordance with the provisions of any agreement or agreements as may be made between any municipality issuing bonds or other obligations pursuant to this chapter and the purchaser or purchasers of such bonds or other obligations;

Such trustee so appointed, or any successor thereto, shall have and be vested with all rights, powers and duties, in addition to the foregoing, as may be provided for in any agreement or agreements between any municipality issuing bonds or other obligations pursuant to this chapter and the purchaser or purchasers of such bonds or other obligations;

Such trustee so appointed, or any successor thereto, shall by an instrument in writing, accept such trust and shall file such written acceptance of such trust with the clerk of the municipality so appointing such trustee;

If such trustee so appointed, or any successor thereto, shall die, fail, neglect or refuse to perform any of the duties herein imposed or that may be imposed by reason of any of the provisions of any agreement or agreements as aforesaid, such trustee, or any successor thereto, shall, on the written request of the holder or holders of twenty per centum or more in aggregate principal amount of bonds or other obligations issued pursuant to this chapter then outstanding and unpaid, be removed, by resolution duly adopted by the municipality by which such trustee, or any successor thereto, was appointed; and in such event, it shall be the duty of any such trustee so removed to effectuate a valid transfer of all money then in the possession or under the control of such trustee so removed to a duly appointed successor, and a failure on the part of such trustee so removed to do so shall constitute an embezzlement of such money and shall be punishable accordingly;

In the event any such trustee so appointed, or any successor thereto, shall die or be removed as hereinabove provided, it shall be the duty of any such municipality immediately by resolution duly adopted to appoint a trustee, as successor thereto, who is satisfactory to said holder or holders of twenty per centum or more in aggregate principal amount of bonds or other obligations issued pursuant to this chapter then outstanding and unpaid.

HISTORY: Codes, 1942, § 7618; Laws, 1935, ch. 63.

§ 59-17-1. Short title; “board” defined.

This chapter may be cited as the “State Inland Ports Law.”

As used in this chapter, the word “board” shall mean the Mississippi Development Authority.

HISTORY: Codes, 1942, § 7623-01; Laws, 1968, ch. 430, § 1, eff from and after passage (approved August 8, 1968); Laws, 2018, ch. 351, § 1, eff from and after passage (approved March 15, 2018).

§ 59-17-3. Declaration of public policy.

It is hereby declared to be the public policy of the state to aid the industrial development and economy of the state through the acquisition, promotion, development, improvement and expansion of inland ports and attendant industrial sites.

HISTORY: Codes, 1942, § 7623-02; Laws, 1968, ch. 430, § 2, eff from and after passage (approved August 8, 1968).

§ 59-17-5. Construction of chapter.

1. This chapter shall be construed liberally and broadly to effectuate the policy and purposes set out herein.
2. This chapter shall be deemed to be full and complete authority for the exercise of the powers herein granted, but this chapter shall not be deemed to repeal or to be in derogation of any existing law of this state.
3. The provisions of this chapter shall not be construed to repeal, amend, limit, or restrict statutes heretofore or hereinafter enacted, providing for the establishment, support, financing, and maintenance of port commissions, authorities, or other local agencies having jurisdiction over harbors, ports, rivers, channels, and waterways, nor to be applicable to any bond issue, heretofore or hereafter issued for port or harbor purposes by any county or municipality in which said port is located, and the provisions hereof shall be supplemental and cumulative and shall not repeal, limit, or restrict the authority granted any public body or agency under any existing statute, except as herein otherwise expressly provided.

HISTORY: Codes, 1942, §§ 7623-03, 7623-26, 7623-29; Laws, 1968, ch. 430, §§ 3, 26, 29, eff from and after passage (approved August 8, 1968).

§ 59-17-7. Functions of board and inland port as essential governmental functions.

The carrying out of the corporate purposes of the board and the state inland port authority is, in all respects, for the benefit of the people of the State of Mississippi and is a public purpose, and the board and such state inland port authority will be performing an essential governmental function in the exercise of the powers conferred upon them by this chapter.

HISTORY: Codes, 1942, § 7623-24; Laws, 1968, ch. 430, § 24, eff from and after passage (approved August 8, 1968).

§ 59-17-9. Duty of board to implement public policy; construction of rights, powers and duties of board.

There is hereby vested in the board the duty to implement such declared public policy as herein provided. Wide latitude and discretion shall be vested in the board in the exercise of its powers and duties, and the enumeration of specific rights, powers, and duties of said board, when followed by general powers, shall not be construed in the restrictive sense.

HISTORY: Codes, 1942, § 7623-03; Laws, 1968, ch. 430, § 3, eff from and after passage (approved August 8, 1968).

§ 59-17-11. Condition precedent to board action.

The board shall take no action in building, constructing, acquiring, or developing any state-owned inland port unless the Tennessee Valley Authority or other governmental agency agrees to furnish at least seventy-five percent (75%) of the cost of building, acquiring, constructing, or developing said port.

HISTORY: Codes, 1942, § 7623-04; Laws, 1968, ch. 430, § 4, eff from and after passage (approved August 8, 1968).

§ 59-17-13. General powers of board; State Inland Port Authority authorized to borrow money and to enter into a joint agreement with a county or municipality to issue revenue bonds; leases executed by State Inland Port Authority exempt from ad valorem taxes if so stipulated in lease.

1. The board shall have power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, use, control, and operate ports, harbors, waterways, channels, wharves, piers, docks, quays, elevators, tipples, compresses, bulk loading and unloading facilities, warehouses, floating dry docks, graving docks, marine railways, tugboats, machinery and equipment, and water, air and rail terminals, and roadways and approaches thereto, and other structures and facilities needful for the convenient use of the same in the aid of commerce, including the dredging, deepening, extending, widening, or enlarging of any ports, harbors, rivers, channels, and waterways, the damming of inland waterways, the establishment of water basins, the acquisition and development of industrial sites and the reclaiming of submerged lands.
2. The State Inland Port Authority, subject to the approval of the board, shall have the power to borrow money from any source, public or private, for any of its corporate purposes and to give such security as may be required in connection therewith and to enter into a joint agreement with the boards of supervisors of any county, or the governing authority of any municipality, or both acting jointly, to issue revenue bonds of such county or municipality, or both, acting jointly, as provided by Section 59-7-311 which bonds may be payable out of any revenues of the authority, including grants or contributions from the federal government or other sources. Such revenue bonds may be issued without an election on resolution of the board of supervisors, governing body of the municipality, or both acting jointly, and shall not be subject to any limitation as to amount, and shall not be included or computed in the statutory limitation of indebtedness of any such county or municipality.
3. All leases which are now in effect or which may hereafter be executed by the State Inland Port Authority for port, harbor, commercial or industrial improvements, and all structures and all improvements and other permanent facilities erected, installed or located by such lessees, or their successors or assignees within the limits of any port, harbor or part thereof, may be free and exempt from all state, county and municipal ad valorem taxes if so stipulated in such lease, and for such period as may be fixed in such lease, not to exceed such periods of time as are now authorized or may be hereafter authorized by law.

HISTORY: Codes, 1942, § 7623-05; Laws, 1968, ch. 430, § 5, eff from and after passage (approved August 8, 1968); Laws, 2018, ch. 351, § 2, eff from and after passage (approved March 15, 2018).

§ 59-17-15. Acceptance of grants and contributions by board.

The board, in addition to the monies which may be received by it from the sale of bonds, the proceeds of a loan, and from the collection of revenues, rents and earnings derived under the provisions of this chapter, shall have the authority to accept from any public or private agency, or from any individual grants or loans for or in aid of the construction of any planned development, or for the payment of bonds, and to receive and accept contributions from any source, of money or property or other things of value to be held, used and applied only for the purposes for which such grants, loans or contributions may be made.

HISTORY: Codes, 1942, § 7623-25; Laws, 1968, ch. 430, § 25, eff from and after passage (approved August 8, 1968); Laws, 2018, ch. 351, § 3, eff from and after passage (approved March 15, 2018).

§ 59-17-17. Appraisal of plan for project; agreement between board and county or agency proposing project.

On the receipt of an application from any county or agency authorized under the laws of the State of Mississippi to operate or support a port or harbor project, or any part thereof, the board shall cause an independent determination and appraisal to be made of such analysis and survey, and the plan for the improvement, operation, development and expansion of such port or harbor, or any part thereof, and if the board shall find and determine that the plan for the improvement, operation, development or expansion of such port or harbor, or any part thereof, is practical and feasible and is in the public interest, and that such port or harbor, or any part thereof, can be operated economically under state ownership, and that the revenues therefrom would be sufficient, over a period of time, to make such ownership and/or operation by the state self-liquidating, then the board, in its discretion, may negotiate with such participating counties as required by this chapter or other authorized agency on the terms of an agreement for the acquisition by the state of such port or harbor, or any part thereof. The board may modify the proposed plan for the improvement, operation, development or expansion of such port or harbor, or any part thereof, and may impose such terms and conditions as, in its discretion, it may require to protect the interest of the state. Any agreement reached between the board and the participating counties, or other authorized agency, shall be reduced to writing.

HISTORY: Codes, 1942, § 7623-07; Laws, 1968, ch. 430, § 7; Laws, 1984, ch. 488, § 256, eff from and after July 1, 1984.

§ 59-17-19. Tax levy by counties for payment of bonds.

Before any additional bonds may be issued for equipment as authorized by Section 59-17-41, at least one (1) county shall have levied a tax upon all the taxable property, both real and personal, within its boundaries for the purpose of paying the principal and interest on such bonds and the aggregate amount of the additional issue shall have been approved by the board of economic development. Such tax shall be in an amount sufficient to pay the principal of and interest on the additional bonds issued for equipment as authorized by Section 59-17-41, and such tax levy shall not be reimbursable under the homestead exemption laws of this state.

The ad valorem tax levied by any county or counties under this section shall be reduced in whole or in part when the board and the state inland port authority find and determine that there has been or will be received in the state inland port authority fund a sufficient sum of money from other net revenues, thereby eliminating the need for this county tax levy.

HISTORY: Codes, 1942, § 7623-06; Laws, 1968, ch. 430, § 6; Laws, 1980, ch. 530, § 2; Laws, 1981, ch. 509, § 1; Laws, 1984, ch. 488, § 257, eff from and after July 1, 1984.

§ 59-17-21. Contract with master water management district to underwrite financial obligations for project.

In the event no three (3) counties shall contract on the basis provided for in Section 59-17-19, then any master water management district may be considered an authorized agency and may enter into a contract with the board whereby they must agree to underwrite any deficits incurred from the operation of the port and/or obligations incurred by the board for the port authority. The board will contract with a master water management district only after they have been convinced that adequate security has been furnished the board to protect the state’s investment.

HISTORY: Codes, 1942, § 7623-06; Laws, 1968, ch. 430, § 6; Laws, 1984, ch. 488, § 258, eff from and after July 1, 1984.

§ 59-17-23. Operation of port or harbor by state inland port authority; composition of authority; appointment and terms of office of members.

Any port or harbor, or any part thereof, and all facilities, structures, lands or other improvements, leased by, acquired by or conveyed to the state shall be operated by the board acting through a state inland port authority for such port or harbor, except as may be otherwise provided in this chapter. Such port authority shall be vested, in addition to the rights, powers and duties conferred hereunder, with the same jurisdiction, and the same rights, powers, and duties vested by law, in other port authorities within the state. Any conflict with other laws shall be governed by this chapter.

The state inland port authority shall consist of one member from the county in which the port is located and one member from each county that is contiguous to the county in which the port is located to be appointed for a period of four years by the respective board of supervisors of each of those counties, provided each county has levied the two mills required in Sections 59-17-19 and 59-17-21 and the governor shall appoint one member from each participating county outlined above of which two mills has been levied, plus one additional member from any one of the participating counties outlined above of which two mills has been levied. The initial terms by the governor’s appointees shall be staggered, one member appointed for two years and others by adding one additional year; no term shall exceed five years. The number of years to be served on regular terms shall be the same number as the number of governor’s appointees.

In the event the contracting agency is any master water management district, the board shall consist of the following: one member from the county in which the port is located and one member from each county that is contiguous to the county in which the port is located to be appointed by the respective boards of supervisors for a period of four years, and the governor shall appoint one member from each of the counties outlined above, plus one additional member from any one of the counties outlined above. The governor’s five appointees’ initial terms shall be for one, two, three, four and five years respectively, but all succeeding appointments shall be for terms of five years.

HISTORY: Codes, 1942, § 7623-08; Laws, 1968, ch. 430, § 8, eff from and after passage (approved August 8, 1968).

§ 59-17-25. Organization of state inland port authority; oath and bond of members.

The members of the state inland port authority shall organize under the direction of the board in the same manner that state port authorities are organized and shall be entitled to compensation not exceeding that authorized by law for a state port authority. In its operation of such port or harbor, or any part thereof, such state inland port authority shall not be responsible to the counties participating, in which such port or harbor, or any part thereof, may be located, or other authorized port or harbor agency, but shall be responsible solely to the board. Before entering upon the duties of the office, each of said members shall take and subscribe to the oath of office required by Section 268 of the Mississippi Constitution of 1890, and shall file same with the secretary of state, and shall give bond in the sum of ten thousand dollars ($10,000.00), with a surety company or companies, authorized to do business in this state, conditioned according to law, and to be delivered to and approved by the treasurer of the State of Mississippi; the premiums on said bonds shall be paid from port funds.

HISTORY: Codes, 1942, § 7623-09; Laws, 1968, ch. 430, § 9, eff from and after passage (approved August 8, 1968).

§ 59-17-27. State inland port fund; board may contract for joint activities or employment of personnel.

The agreement between the board and the participating counties or other authorized agency shall provide that a fair and proportionate part of the expense of the board administering this chapter shall be considered a part of the cost of the development or operation of the planned development, and such costs shall be paid into a separate state fund in the state treasury, to be known as the “state inland ports fund.” Such fund shall be used by the board for the promotion, development, construction, improvement, expansion, maintenance, advertising, and general advancement of the state harbors, ports, rivers, channels, and waterways and may be expended on requisition of the board for such purposes and such other purposes as in the opinion of the board is to the best interest of the ports, harbors, and waterways of this state. The salaries of all officers, employees, or agents of the board, performing duties required by this chapter, and all other expenses incidental to the port, harbor, or waterway operation of the board shall be fixed by the board and payable out of said fund. The board may contract with one or more state inland port authorities, or any city, county or other authorized port or harbor agency for any joint activity or for the joint employment of personnel with the expense of the activity or salary of such personnel to be paid by the board from operational funds provided by the contracting parties.

HISTORY: Codes, 1942, § 7623-11; Laws, 1968, ch. 430, § 11, eff from and after passage (approved August 8, 1968).

§ 59-17-29. Setting aside or leasing of lands and facilities by board.

The board, acting jointly with the State Inland Port Authority, is authorized to set aside, or lease all or portions of any lands, roads, docks, sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats, or any other necessary or useful improvements constructed or acquired by it to individuals, firms, or corporations, public or private, for port, harbor, commercial or industrial purposes for a period not to exceed ninety-nine (99) years, or to execute a conveyance of sale on such terms and conditions and with such safeguards as would best promote and protect the public interest. Any industrial lease of lands or conveyance of sale may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate and approved by the board in orders or resolutions authorizing the same. Any covenants and agreements of the lessee or purchaser to make expenditures in determined amounts, and within such time or times, for improvements to be erected upon the land by such lessee or purchaser and to conduct thereon industrial and/or other operations in such aggregate payroll amounts and for such period of time as may be determined and defined in such lease or conveyance, and to give preference in employment where practical to residents of the State of Mississippi and to qualified residents of the city and the county in which such port or harbor is located, shall, if included in such lease or conveyance, constitute and be deemed sufficient consideration for the execution of any such lease or conveyance in the absence of monetary rental or other considerations; any such instrument may contain reasonable provisions giving the lessee the right to remove its or his improvements upon the termination of the lease.

HISTORY: Codes, 1942, § 7623-12; Laws, 1968, ch. 430, § 12, eff from and after passage (approved August 8, 1968); Laws, 2018, ch. 351, § 4, eff from and after passage (approved March 15, 2018).

§ 59-17-31. Authority of board or inland port authority to employ personnel, make contracts and purchases, and sue and be sued.

The board or the State Inland Port Authority, in the performance of its duties, may employ such personnel and make all contracts and purchases incidental to or necessary for the advancement, promotion, development, establishment, insurance, maintenance, repair, improvement and operation of any ports, harbors, rivers, channels and waterways, including, if required for its protection, retirement benefits, workers’ compensation insurance and other employee benefits for the benefit of any employees of the board or State Inland Port Authority. The board or State Inland Port Authority shall make such contracts or purchases in accordance with state purchasing laws. Contracts let for any port, harbor, river, channel or waterway improvements shall be advertised as required by law for the letting of public contracts, and such contracts shall be awarded to the lowest and best bidder, who shall make such bond as shall be required by the board or State Inland Port Authority, conditioned for the faithful prosecution and completion of the work according to such contract, such bond to be furnished by a corporate surety company qualified to do business in this state. However, the board may negotiate and enter into contracts with responsible lessees for the construction of facilities by lessees, such as those referred to in Section 59-17-13, Mississippi Code of 1972, and the acquisition thereof by the board upon such terms and conditions and for such amounts as may be approved by the board. Where the rentals provided in the lease will be sufficient to fully repay the cost of the particular facility or where the monetary consideration for a deed is sufficient to fully repay the cost of land acquired for industrial operations described in the deed, contracts for construction, repairs, maintenance and operation of the facility or for the sale of the land may be negotiated and consummated without the necessity of advertising and obtaining competitive bids therefor.

The authority is granted the power to sue and be sued in its own name.

HISTORY: Codes, 1942, § 7623-13; Laws, 1968, ch. 430, § 13; Laws, 1976, ch. 400, § 1; Laws, 1984, ch. 495, § 27; reenacted and amended, Laws, 1985, ch. 474, § 18; Laws, 1986, ch. 438, § 40; Laws, 1987, ch. 483, § 41; Laws, 1988, ch. 442, § 38; Laws, 1989, ch. 537, § 36; Laws, 1990, ch. 518, § 37; Laws, 1991, ch. 618, § 37; Laws, 1992, ch. 491, § 39, eff from and after passage (approved May 12, 1992); Laws, 2018, ch. 351, § 5, eff from and after passage (approved March 15, 2018).

§ 59-17-33. Acquisition of rights of way, land and property by board generally; restriction on power of eminent domain.

For the acquiring of rights-of-way, land and property, including existing easements, restrictive covenants and reversionary estates necessary for the purpose herein authorized, the board shall have the right and power to acquire the same by purchase, negotiation or condemnation, and, should it elect to exercise the right of eminent domain, it may proceed in the manner provided by the general laws of the State of Mississippi for procedure by any county, municipality or corporation organized under the laws of this state, or in any other manner provided by law. The power of eminent domain shall apply not only as to all property of private persons or corporations, but also as to property already devoted to public use, including leaseholds, excepting interests in property owned by levee boards, drainage districts, or other flood control agencies. However, the board shall have no authority to acquire without the consent of the owner thereof any property operated and used for port, harbor or industrial purposes or such purposes as the board is authorized to acquire and use property for, unless an actual necessity therefor be alleged and proven. The board is authorized to accept donations of lands, rights therein, moneys and materials required for the maintenance or development of any port or harbor. The board may exchange any property or properties acquired under the authority of this chapter for other property or properties usable in carrying out the powers hereby conferred, and also remove from lands needed for its purposes and reconstruct on other locations, buildings, utilities, terminals, railroads or other structures upon the payment of just compensation, if it is necessary so to do, in order to carry out any of its plans for port development. The title to all land or property acquired under the authority of this chapter shall vest in the State of Mississippi. Nothing contained in this section shall be construed to authorize the taking by eminent domain of any private property except for necessary public use, said right of eminent domain to be limited to the acquisition of railroad rights-of-way, road rights-of-way and land for industrial use only.

HISTORY: Codes, 1942, § 7623-14; Laws, 1968, ch. 430, § 14; Laws, 1984, ch. 488, § 259, eff from and after July 1, 1984.

§ 59-17-35. State bonds; issuance, terms, and conditions generally.

The board shall have power and is hereby authorized, at one (1) time, or from time to time, to provide by resolution for the issuance of negotiable bonds of the State of Mississippi by the state bond commission to provide funds for the purpose of paying all or any part of the cost of the acquisition of any state port, harbor, waterway or part thereof, and the planned development of any port, harbor, waterway or part thereof, but in no event shall the amount of such bonds issued exceed the actual cost of an approved plan for the development of any port, harbor, waterway or part thereof. The principal of and the interest on such bonds shall be payable from a special fund to be provided for that purpose in the manner hereinafter set forth. Such bonds shall bear the date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the board. Such bonds shall mature in annual installments beginning not more than four (4) years from date thereof and extending not more than thirty (30) years from date thereof. In no event shall any bonds be issued for a period of time which shall be longer than ninety percent (90%) of the expected useful life of the project or projects to be financed by the proceeds of said bonds. Such bonds shall be signed by the governor or by his facsimile signature, and the official seal of the state shall be affixed thereto, attested by the secretary of state. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

HISTORY: Codes, 1942, § 7623-15; Laws, 1968, ch. 430, § 15; Laws, 1984, ch. 488, § 260, eff from and after July 1, 1984.

§ 59-17-37. State bonds; negotiability; exemption from taxation.

All bonds and interest coupons issued under the provisions of this chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State of Mississippi. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.

HISTORY: Codes, 1942, § 7623-16; Laws, 1968, ch. 430, § 16, eff from and after passage (approved August 8, 1968).

§ 59-17-39. State bonds; proceedings for issuance; validation.

Such bonds as are issued under this chapter may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. The bonds authorized under the authority of this chapter may, in the discretion of the state bond commission, be validated in the Chancery Court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1971, for the validation of county, municipal, school district, and other bonds. The necessary papers for such validation proceedings shall be transmitted to the state bond attorney by the attorney general, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi, and in a newspaper of general circulation published in the city or county where the planned development is located.

HISTORY: Codes, 1942, § 7623-17; Laws, 1968, ch. 430, § 17, eff from and after passage (approved August 8, 1968).

§ 59-17-41. State bonds; payment of principal and interest; limitation on amount issued.

The bonds issued under the provisions of this chapter shall be payable from the special fund provided therefor as hereinafter set out and shall be the general obligations of the State of Mississippi and backed by the full faith and credit of the state, and, if the funds supplied by the board to the State Treasurer from the sources prescribed by this chapter be insufficient to fully pay at maturity any installment of interest on said bonds or to pay at maturity the principal of said bonds, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated, and all such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section. The amount of bonds issued for the acquisition and planned development of any state inland ports, harbors or waterways shall not exceed the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00). The purpose of this One Million Five Hundred Thousand Dollar ($1,500,000.00) bond issue is to purchase industrial sites and railroad right-of-way nearby the inland port.

From and after July 1, 1980, and contingent upon the tax levy authorized in Section 59-17-19, an additional amount of bonds not to exceed Two Million Dollars ($2,000,000.00) may be issued pursuant to the provisions of this chapter. The proceeds of such bonds may be used for any activities associated with carrying out the powers described in Section 59-17-13.

HISTORY: Codes, 1942, § 7623-18; Laws, 1968, ch. 430, § 18; Laws, 1980, ch. 530, § 3; Laws, 1981, ch. 356, § 1, eff from and after passage (approved March 18, 1981); Laws, 2018, ch. 351, § 6, eff from and after passage (approved March 15, 2018).

§ 59-17-43. State bonds; manner and price of sale.

The state bond commission shall sell such state bonds in such manner and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one time not less than ten days prior to the date of sale and shall be so published in one or more newspapers published in Jackson, Mississippi, and having general circulation within the State of Mississippi, and in one or more other newspapers or financial journals as may be directed by the state bond commission.

HISTORY: Codes, 1942, § 7623-19; Laws, 1968, ch. 430, § 19, eff from and after passage (approved August 8, 1968).

§ 59-17-45. State bonds; disposition of proceeds from sale.

The proceeds of such state bonds issued pursuant to this chapter shall be paid into a special fund or funds in banks qualified to act as depositories for the participating counties in which the port or harbor is located, allocated in such equitable manner as the board may determine and such depositories shall qualify as such by depositing bonds or other securities authorized by law to secure deposits in state depositories. The proceeds of such bonds shall be used solely for payment of the cost of the planned development and the redeeming of any outstanding bonds and shall be disbursed upon order of the board with such restrictions, if any, as the resolution authorizing the issuance of the bonds may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the planned development, and the redeeming of any outstanding bonds, unless otherwise provided in the resolution authorizing the issuance of the bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into the fund established for the payment of the principal of and the interest on such bonds.

HISTORY: Codes, 1942, § 7623-20; Laws, 1968, ch. 430, § 20, eff from and after passage (approved August 8, 1968).

§ 59-17-47. Withdrawals from special fund for payment of bonds.

The funds which are transferred from the sale of bonds under this chapter to the special fund in the qualified depositories set up for each separate port, harbor, or part thereof, may be withdrawn only in the following manner: said funds shall be paid by such qualified depositories upon warrants issued by the state auditor of public accounts, which warrants shall be issued upon requisition of the board or state inland port authority. All expenditures ordered by the board or state inland port authority shall be entered upon their minutes, and the board and each state inland port authority shall submit a full report of their work and all the transactions carried on by them, and a complete statement of all their revenues and expenditures to the legislature at each regular session of the legislature.

HISTORY: Codes, 1942, § 7623-28; Laws, 1968, ch. 430, § 28, eff from and after passage (approved August 8, 1968).

§ 59-17-49. Disposition of net revenues, rents, and earnings from port or harbor.

All net revenues, rents, and earnings from the operation or maintenance of any state-owned inland port or harbor, or any part thereof, shall be set aside by the board exclusively for the payment of any bonds issued by the state for such port or harbor, or any part thereof, and shall not be commingled with the funds of any other port or harbor, or any part thereof, but shall be expended by the board exclusively for the payment of such bonds as provided in Section 59-17-51, and, if no such bonds be outstanding, then by the state inland port authority for the improvement, operation, advancement, development, maintenance and advertising of the port to which such funds have accrued.

HISTORY: Codes, 1942, § 7623-10; Laws, 1968, ch. 430, § 10, eff from and after passage (approved August 8, 1968).

§ 59-17-51. Pledge of revenues, rents and earnings to payment of bonds; sinking fund.

The net revenues, rents, and earnings derived from any planned development or the net revenues, rents, and earnings received by the board produced by a state inland port, harbor, or part thereof, for which bonds have been issued, shall be pledged and allocated by the board to the payment of the principal of and interest on the bonds issued for such planned development as the resolution authorizing the issuance of the bonds may provide, and such pledge may include funds received from one or more or all sources available to such planned development and shall be set aside at regular intervals into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:

The interest upon such bonds as such interest shall accrue.

The principal of the bonds as the same shall become due.

The necessary charges of the paying agent or paying agents for paying principal and interest of and on such bonds.

Any premium on bonds retired by call or purchase as may be provided therein.

Net revenues shall be defined in the agreement between the board and the participating counties, or other authorized agency.

The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing any issue of bonds, but except as may otherwise be provided in such resolution, such sinking fund shall be a fund for the benefit of all bonds issued under such resolution, without distinction or priority of one over the other. Subject to the provisions of the resolution authorizing the issuance of the bonds, surplus moneys in the sinking fund may be applied to the purchase or redemption of any of such bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

HISTORY: Codes, 1942, § 7623-21; Laws, 1968, ch. 430, § 21, eff from and after passage (approved August 8, 1968).

§ 59-17-53. Refunding bonds.

The board is authorized to provide by resolution for the issuance of refunding bonds by the state bond commission for the purpose of refunding any bonds issued under the provisions of this chapter and then outstanding, together with interest thereon to the date of such refunding bonds, and redemption premium thereon, if any. The issuance of such refunding bonds, the maturity, and all other details thereof, the rights of the holders thereof and the duties of the board and state inland port authority in respect thereto shall be governed by the provisions of this chapter, insofar as the same may be applicable.

HISTORY: Codes, 1942, § 7623-22; Laws, 1968, ch. 430, § 22, eff from and after passage (approved August 8, 1968).

§ 59-17-55. Bonds as legal investments and security for deposits.

All bonds issued under the provisions of this chapter shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies, the board of trustees of the public employees’ retirement system, and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

HISTORY: Codes, 1942, § 7623-23; Laws, 1968, ch. 430, § 23, eff from and after passage (approved August 8, 1968).

§ 59-17-57. Representation of state bond commission by attorney general.

Except as otherwise authorized in Section 7-5-39, the Attorney General of the State of Mississippi shall represent the State Bond Commission in issuing, selling and validating bonds herein provided for, and the board is hereby authorized and empowered to expend any sum not exceeding Fifteen Thousand Dollars ($15,000.00) from the proceeds derived from the sale of any one (1) series of bonds authorized hereunder to pay for the cost of the approving attorney’s fees, validating, printing and cost of delivery of bonds authorized under this chapter.

HISTORY: Codes, 1942, § 7623-27; Laws, 1968, ch. 430, § 27; Laws, 2012, ch. 546, § 28, eff from and after July 1, 2012.

§ 59-19-1. Initiation of proceedings to establish landing.

Any three or more freeholders residing in any county bordering on the Mississippi River or other navigable river, bayou, bay, or inlet, may petition the board of supervisors of such county to cause a lot of ground, outside of a city, town, or village, on the bank of the river, bayou, bay, or inlet, to be designated and set apart as a boat landing and cotton-yard, for the use of the public, stating in the petition the name of the owner of the land proposed to be so taken; and said board shall thereupon appoint three of its members a committee to examine and determine whether such landing be required for public convenience, and, if so, to lay off and mark such lot of ground, not exceeding two acres, at such point as will be most convenient to the public.

HISTORY: Codes, 1857, ch. 22, art. 1; 1871, § 1881; 1880, § 916; 1892, § 2487; 1906, § 2824; Hemingway’s 1917, § 5218; 1930, § 5321; 1942, § 7624.

§ 59-19-3. Notice of proceedings to establish landing.

The board of supervisors shall fix the time and place for the meeting of the committee provided for in Section 59-19-1, and the sheriff of the county shall deliver to the owner of the land proposed to be taken a copy of the order five days previous to the time of meeting. The committee shall make a full report of its proceedings, in writing, to the board of supervisors at its next regular meeting, and the board may confirm or set aside the report, and order another examination, or otherwise, at its discretion. And the owner of the land, having been served with notice as provided, shall take notice of all future proceedings. In case the owner be a non-resident, or cannot be found, he may be notified by publication of the order of the board in the same manner as publication is made for non-resident defendants in chancery.

HISTORY: Codes, 1857, ch. 22, art. 2; 1871, § 1882; 1880, § 917; 1892, § 2488; 1906, § 2825; Hemingway’s 1917, § 5219; 1930, § 5322; 1942, § 7625.

§ 59-19-5. Confirmation of report; assessment of damages.

Should the report of the committee be confirmed, the board of supervisors shall direct its clerk to issue a writ to the sheriff of the county to summon twelve disinterested freeholders, competent jurors of the county, to meet on the premises, at a time to be fixed by the sheriff, of which the jurors and parties shall have five days’ notice. The jury, being first sworn by the sheriff, shall assess the damages to be awarded to the owner of the land or other person, and shall reduce their finding to writing, and sign the same. The sheriff shall return the inquisition to the next meeting of the board, by whom the same shall be confirmed or set aside and a new jury ordered. And if the same shall be confirmed, the damages so awarded shall be paid by the parties applying to have said lot condemned and the costs of the proceeding. It shall not be lawful to enter upon or use the lot for any of the purposes for which it was condemned until the damages and the costs shall be paid or tendered.

HISTORY: Codes, 1857, ch. 22, art. 3; 1871, § 1883; 1880, § 918; 1892, § 2489; 1906, § 2826; Hemingway’s 1917, § 5220; 1930, § 5323; 1942, § 7626.

§ 59-19-7. Replacement of jurors; fines.

If any of the jurors should fail to attend, the sheriff shall forthwith summon other proper persons in their places, and the defaulters shall be reported to the board of supervisors, and shall be fined not less than ten dollars nor more than twenty dollars, unless good cause against the same be shown.

HISTORY: Codes, 1857, ch. 22, art. 5; 1871, § 1885; 1880, § 920; 1892, § 2490; 1906, § 2827; Hemingway’s 1917, § 5221; 1930, § 5324; 1942, § 7627.

§ 59-19-9. Appeal of assessment to circuit court.

Should the owner of the land, or other person claiming compensation or damages, be not satisfied with the verdict of the jury, such person may appeal from the order of the board of supervisors confirming the same, within ten days after such order, to the circuit court; and the court may review the proceedings as to any matter of law and may award a trial de novo as to the amount of damages. If the order of the board confirming the finding of the jury be reversed on a question of law, the cause shall be remanded to the board for a new writ to be issued for the assessment of damages; or such other order shall be made by the circuit court as shall be proper.

HISTORY: Codes, 1857, ch. 22, art. 4; 1871, § 1884; 1880, § 918; 1892, § 2491; 1906, § 2828; Hemingway’s 1917, § 5222; 1930, § 5325; 1942, § 7628.

§ 59-19-11. Use of landing; penalty for misuse.

After the termination of the proceedings and the payment or tender of the damages and costs, the applicants may erect warehouses, sheds, and such other buildings as may be necessary for the reception, storage, or shipment of cotton or other freight, and shall have such lot substantially inclosed, provided with suitable gates, and kept in good repair; and it shall not be lawful for any person to use the lot, shed, warehouses, or other buildings for any other purposes than those designated, under the penalty of five hundred dollars, to be recovered of the petitioners or of any person so using the said lot or buildings, by and for the use of the owner of the land, and the right to use the same for any purpose shall be forfeited.

HISTORY: Codes, 1857, ch. 22, art. 4; 1871, § 1884; 1880, § 919; 1892, § 2492; 1906, § 2829; Hemingway’s 1917, § 5223; 1930, § 5326; 1942, § 7629.

§ 59-19-13. Compensation of participants.

The members of the committee shall receive the same pay as jurors in the circuit court; and the sheriff shall receive such further sum, in addition to his fees, as the board of supervisors may allow; all costs to be paid by the petitioners for the condemnation of the lot.

HISTORY: Codes, 1857, ch. 22, art. 6; 1871, § 1886; 1880, § 921; 1892, § 2493; 1906, § 2830; Hemingway’s 1917, § 5224; 1930, § 5327; 1942, § 7630.

§ 59-19-15. Leasing of landing.

The board of supervisors may lease the lot or landing for a term not exceeding five years, the lessee to transact thereat only a general receiving and forwarding business; and, in case of a lease, the board shall fix, with power to alter, a schedule of rates and charges for receiving and forwarding freight, and require of the lessee a bond, payable to the county, in a penalty not less than five hundred dollars as shall be proper, conditioned to observe the terms of the lease and to perform the duties imposed on him by law. The lessee shall keep the schedule of rates conspicuously posted on the premises, and any overcharge shall subject the lessee and his sureties to a penalty of twenty dollars in favor of the party injured. A lease shall not abridge the right of any person to store and forward his own freight at the landing free of charge.

HISTORY: Codes, 1892, § 2494; 1906, § 2831; Hemingway’s 1917, § 5225; 1930, § 5328; 1942, § 7631.

§ 59-21-1. Short title.

This chapter may be cited as the “Mississippi Boating Law of 1960.”

HISTORY: Codes, 1942, § 8496-01; Laws, 1960, ch. 165, § 1, eff from and after passage (approved April 14, 1960).

§ 59-21-3. Definitions.

As used in this chapter, unless the context clearly requires a different meaning:

“Commission” means the Mississippi Commission on Wildlife, Fisheries and Parks.

“Length” means the length of the vessel measured from end to end over the deck excluding sheer.

“Livery boat” means any boat for rent or hire.

“Machinery” means inboard and outboard engines and all other types of motors or mechanical devices.

“Motorboat” means any undocumented vessel propelled by machinery, whether or not such machinery is the principal source of propulsion. The term motorboat includes personal watercraft.

“Operate” means to navigate or otherwise use a motorboat or vessel.

“Operator” means the person who operates or who has charge of the navigation or use of a motorboat or a vessel.

“Owner” means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession.

“Person” means an individual, partnership, firm, corporation, association, or other entity.

“Ships’ lifeboats” means lifeboats used solely for lifesaving purposes and does not include dinghies, tenders, speedboats, or other type of craft carried aboard a vessel and used for other than lifesaving purposes.

“Undocumented vessel” means any vessel which is not required to have, and does not have, a valid marine document issued by the Bureau of Customs.

“Vessel” means every description of watercraft, other than seaplane on the water, used or capable of being used as a means of transportation on water.

“Waters of this state” means any waters within the territorial limits of this state, and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of the state; however, “waters of this state” does not mean any private pond or lake which is not used for boat rentals or the charging of fees for fishing therein.

HISTORY: Codes, 1942, § 8496-02; Laws, 1960, ch. 165, § 2; Laws, 1962, ch. 220, § 1; Laws, 1964, ch. 468, § 1; Laws, 1968, ch. 265, § 2; Laws, 1973, ch. 409, § 1; Laws, 1994, ch. 353, § 2; Laws, 1994, ch. 640, § 2; Laws, 1996, ch. 545, § 2, eff from and after July 1, 1997.

§ 59-21-5. Requirement of numbering of undocumented vessels.

All sailboats and every undocumented vessel equipped with propulsion machinery, whether or not such machinery is the principal source of propulsion, using the territorial and navigable waters of the State of Mississippi, and every such vessel owned in the State of Mississippi and using the high seas shall be numbered in accordance with this chapter, except:

1. Foreign vessels temporarily using the navigable waters of the State of Mississippi;
2. Public vessels of the United States;
3. State and municipal vessels used solely for official business and displaying proper visual identification on its hull;
4. Ships’ lifeboats;
5. Vessels designated by the appropriate federal authority;
6. Undocumented vessels used exclusively for racing;
7. Undocumented vessels operating under valid temporary certificates of number;
8. Vessels already covered by a number in full force and effect awarded pursuant to federal law, or a federally approved numbering system of another state, provided that such vessels shall not have been within this state for a period in excess of sixty (60) days. Nothing in this section shall prohibit the numbering of any undocumented vessel upon the request of the owner.

HISTORY: Codes, 1942, § 8496-03; Laws, 1960, ch. 165, § 3; Laws, 1962, ch. 220, § 2; Laws, 1968, ch. 265, § 3; Laws, 1973, ch. 409, § 2; Laws, 1988, ch. 599, § 1, eff from and after July 1, 1988.

§ 59-21-7. Numbering pattern.

The numbering pattern to be used shall be as follows:

The number shall be divided into three (3) parts. The first part shall consist of the symbol MI; the second part shall consist of a numerical group having a maximum of four (4) digits; the third part shall consist of an alphabetical group having a maximum of two (2) letters. Each part shall be separated by hyphens or equivalent spaces.

Vessels shall be given numerical and alphabetical designations in the second and third groups in the order of their application.

The number awarded to a vessel under the provisions of this chapter shall remain the number for such vessel until the vessel is lost, destroyed, abandoned or registered in another state.

HISTORY: Codes, 1942, § 8496-05; Laws, 1960, ch. 165, § 5; Laws, 1962, ch. 220, § 3; Laws, 1964, ch. 468, § 2; Laws, 1986, ch. 364, § 1, eff from and after July 1, 1987.

§ 59-21-9. Display of awarded number on vessel; use of other numbers prohibited.

The number awarded shall be painted on or attached to each side of the bow of the vessel for which it was issued. The numbers shall be placed on each side of the forward half of the vessel in such position as to provide clear legibility for identification. The numbers shall read from left to right and shall be in block characters of good proportion not less than three inches in height. The numbers shall be of a color which will contrast with the color of the background and so maintained as to be clearly visible and legible, i.e., dark numbers on a light background, or light numbers on a dark background. No other number shall be carried on the bow of such vessel.

HISTORY: Codes, 1942, § 8496-06; Laws, 1960, ch. 165, § 6, eff from and after passage (approved April 14, 1960).

§ 59-21-11. Application for certificate of number.

The owner of any vessel required to be numbered under this chapter shall apply, within ten (10) days from the date of acquisition of the vessel, to the commission, on forms provided, for a certificate of number. The application for a number shall include the following:

Name and address of owner.

Date of birth of owner.

Social Security number or driver’s license number of the owner.

Present citizenship of owner (county, state, country).

County in which the vessel is principally used.

Present number (if any).

Hull material (wood, steel, aluminum, plastic, other).

Type of propulsion (outboard, inboard, other).

Type of fuel (gas, diesel, other).

Length of vessel.

Make and year built (if known).

Statement as to use (pleasure, livery, dealer, manufacturer, commercial-passenger, commercial-fishing, commercial-other).

A certification of ownership by the applicant.

Serial number of outboard motor, boat and trailer owned by the applicant.

Signature of owner.

A receipt, sales or otherwise, which shows whether or not a sales or use tax was paid at the time of the purchase of the vessel. If the vessel was purchased outside the State of Mississippi, from and after July 1, 1978, and the tax for the privilege of using or consuming tangible personal property imposed by Section 27-67-5 was not paid at the time the vessel was acquired, then the owner shall be required to pay the tax as provided by the Mississippi Use Tax Law before a certificate of number can be issued.

HISTORY: Codes, 1942, § 8496-07; Laws, 1960, ch. 165, § 7; Laws, 1962, ch. 220, § 4; Laws, 1964, ch. 468, § 3; Laws, 1968, ch. 361, § 56; Laws, 1975, ch. 468, § 1; Laws, 1978, ch. 454, § 1; Laws, 1995, ch. 606, § 1, eff from and after July 1, 1995.

§ 59-21-13. Renewal of certificate of number; notice as to loss or destruction; replacement of certificate of number.

An application for renewal of a certificate of number shall be made by the owner on an application which must be received by the commission within the last ninety (90) days before the expiration date on the certificate of number. The same number will be issued upon renewal. If a certificate of number is lost or destroyed, the owner shall, within fifteen (15) days, notify the commission’s office. The notification shall be in writing, shall describe the circumstances of the loss or destruction and shall be accompanied by the fee prescribed in this chapter. The certificate of number issued as a result of such report will replace the certificate so lost or destroyed.

The commission shall mail notice of expiration of numbers, together with an application for renewal of number, to each registered boat owner not less than sixty (60) days prior to the expiration date. The commission shall verify annually an up-to-date list of all numbers in effect and those numbers not renewed.

HISTORY: Codes, 1942, § 8496-08; Laws, 1960, ch. 165, § 8; Laws, 1968, ch. 361, § 57; Laws, 1975, ch. 468, § 2; Laws, 1986, ch. 364, § 2; Laws, 2000, ch. 369, § 1, eff from and after July 1, 2000.

§ 59-21-15. Certified statement of ownership as evidence of ownership; effect of liens as to determination of ownership; application for number by person obtaining title through default in terms of lien instrument.

The certified statement of ownership on the application for the award of a number shall constitute prima facie evidence of proof of ownership. Liens of all kinds, including reservations or transfers of title to secure debts or claims, will be disregarded in determining ownership under this chapter. A lienholder who acquires possession and title by virtue of default in the terms of the lien instrument, or any other person who acquires ownership through any such action of a lienholder, may apply for a number and shall attach to such application a signed statement explaining the facts in detail.

HISTORY: Codes, 1942, § 8496-09; Laws, 1960, ch. 165, § 9, eff from and after passage (approved April 14, 1960).

§ 59-21-17. Contents of certificate of number; duties of commission; release of information on vessels; fees and charges for copying, certifying or searching records.

1. The certificate of number shall include the following:
   1. Name and address of owner.
   2. Date of birth of owner.
   3. Present citizenship of owner (county, state, country).
   4. County in which vessel is principally used.
   5. Present number (if any).
   6. Hull material (wood, steel, aluminum, plastic, other).
   7. Type of propulsion (outboard, inboard, other).
   8. Type of fuel (gas, diesel, other).
   9. Length of vessel.
   10. Make and year built (if known).
   11. Statement as to use (pleasure, livery, dealer, manufacturer, commercial-passenger, commercial-fishing, commercial-other).
   12. A certificate of ownership by the applicant.
   13. Signature of owner.
   14. Number awarded to vessel.
   15. Expiration date of certificate.
   16. Notice to the owner that he shall report within fifteen (15) days changes of ownership or address, and destruction or abandonment of vessel.
   17. Notice to the owner that the operator shall:
       1. Always carry this certificate on vessel when in use.
       2. Report every accident involving injury or death to persons, or property damage over One Hundred Dollars ($100.00).
       3. Stop and render aid or assistance if involved in a boating accident.
2. The commission shall furnish and ensure that the forms required by this section and Section 59-21-13 are stocked at various county offices, boat companies, fishing camps, marinas, with enforcement officers, and at such other places as to make them available to boat owners. The commission shall award certificates of number and shall keep current a consolidated record of all certificates of numbers awarded and renewals of numbers.
3. Upon request, information on ownership and identity of numbered vessels shall be available to federal, state and local officials, as needed, in any enforcement or assistance programs. The records pertaining to the numbering of undocumented vessels pursuant to this chapter are considered to be public records. Information based on such records may be released upon oral or written inquiry, subject only to reasonable restrictions necessary to carry on the business of the office. The commission may permit excerpts to be made or the copying or reproduction thereof by a private individual or concern. The fees and charges for copying, certifying or searching of records for information shall be assessed in accordance with usual fees allowed for such services.

HISTORY: Codes, 1942, § 8496-10; Laws, 1960, ch. 165, § 10; Laws, 1968, ch. 361, § 58; Laws, 1975, ch. 468, § 3; Laws, 1986, ch. 364, § 3, eff from and after July 1, 1987.

§ 59-21-19. Size of certificate of number; temporary certificates; expiration dates; livery boat certificates; manufacturers’ and dealers’ certificates and numbers.

1. The certificate of number shall be pocket-size, approximately two and one-half inches (2-1/2") by three and one-half inches (3-1/2"), and water resistant.
2. Pending the issuance of the original certificate of number, the owner of the vessel may be furnished a temporary certificate of number valid for sixty (60) days from the date of issue. This temporary certificate shall be carried on board when the vessel is being operated.
3. Each applicant for an original or transfer certificate of number, who is entitled to issuance thereof, shall be issued a certificate for a period of three (3) years from the last day of the month of receipt of the original or transfer certificate. This subsection shall not apply to the certificate of number of a livery boat.
4. The certificate of number of a livery boat shall be plainly marked “livery boat.” The description of the motor and type of fuel will be omitted from the certificate of number in any case where the motor is not rented with the boat. Original and renewal certificates of number of a livery boat shall be valid for a period of three (3) years and shall expire at midnight on June 30.
5. Numbers and certificates of number awarded boats operated by manufacturers and dealers may be transferred from one (1) boat to another. In lieu of the description, the word “manufacturer” or “dealer”, as appropriate, will be plainly marked on each certificate. The manufacturer or dealer may have the number awarded printed upon or attached to a removable sign or signs to be temporarily mounted upon or attached to the boat being demonstrated or tested so long as the display meets the requirements of Section 59-21-9.

HISTORY: Codes, 1942, § 8496-11; Laws, 1960, ch. 165, § 11; Laws, 1962, ch. 220, § 5; Laws, 1964, ch. 468, § 4; Laws, 1979, ch. 383; Laws, 2006, ch. 521, § 2, eff from and after July 1, 2006.

§ 59-21-21. Surrender of certificate of number; notification of change of owner’s address or loss, destruction, abandonment or transfer of vessel; application for number by new owner of vessel.

1. When the owner of a numbered vessel removes his residence to another state, or the numbered vessel is not usually moored, docked, housed or garaged within this state, the owner shall, within ninety (90) days thereafter, surrender the certificate of number to the commission.
2. When the owner of a numbered vessel changes his address from that shown on the certificate of number, he shall notify the commission of his new address within a period not to exceed fifteen (15) days from such change.
3. When a numbered vessel is lost, destroyed, abandoned or transferred to another person, the certificate of number issued for the vessel shall be surrendered to the commission within a period not to exceed fifteen (15) days after such event. When the vessel is lost, destroyed or abandoned and the certificate of number has been destroyed, the owner shall, within fifteen (15) days, notify the commission by letter or postal card of the change in the status of the vessel.

   The application for number by a new owner of a vessel shall, for the purpose of fee, be regarded as an original application for number, but where the vessel will continue in use in the state, the new number shall be identical with the previous one.

4. A change of motor is not required to be reported to the commission.
5. The owner of an undocumented vessel shall not have more than one (1) valid number or valid certificate of number for any one (1) vessel at any time.

HISTORY: Codes, 1942, § 8496-12; Laws, 1960, ch. 165, § 12; Laws, 1968, ch. 361, § 59; Laws, 1975, ch. 468, § 4; Laws, 1986, ch. 364, § 4, eff from and after July 1, 1987.

§ 59-21-23. Cancellation or voiding of certificate of number.

Certificates of number may be cancelled or voided under the following circumstances:

Surrender of certificate for cancellation;

Issuance of a new number for the same vessel;

Issuance of a marine document by the Bureau of Customs for the same vessel;

False or fraudulent certification in an application for number;

Willful mutilation, defacing, or altering of a number.

HISTORY: Codes, 1942, § 8496-13; Laws, 1960, ch. 165, § 13; Laws, 1973, ch. 409, § 3; Laws, 1986, ch. 364, § 5, eff from and after July 1, 1987.

§ 59-21-25. Fees for certificates of number; disposition of proceeds.

1. Fees for the award of certificates of number for original, transfer, renewal, livery, dealer and duplicate shall be as follows:
   1. Less than 16 feet. . . . .$ 7.50
   2. 16 feet but less than 26 feet. . . . .$22.50
   3. 26 feet but less than 40 feet. . . . .$45.00
   4. 40 feet and over. . . . .$45.00
   5. Dealer number. . . . .$37.50
   6. Duplicate. . . . .$ 5.00
   7. Boat inspection fee. . . . .$10.00
2. The fee provided for under subsection (1)(g) of this section shall only be charged when the owner of a boat requests the Department of Wildlife, Fisheries and Parks to perform an inspection of a boat serial number for the purpose of replacing or awarding a damaged or removed serial number.
3. All fees for numbers and renewal of number shall be payable to the Mississippi Department of Wildlife, Fisheries and Parks to be deposited by the department in the State Treasury in a special fund to be designated as the Fisheries and Wildlife Fund, which shall be disbursed upon the recommendation of the department as may be appropriated by the Legislature. The State Treasurer shall release to the department such sums as are required to defray all administrative costs of the boat registration fee division of the department and to improve the law enforcement capability of the department on the inland and marine waters of the State of Mississippi and as may be budgeted by the department for the purpose of paying the cost of the administration of this chapter for education on water safety, improvement of water safety and motorboating facilities in the state, and advertising and promoting the waterways of the state. Any and all revenue over and above the actual administrative cost of implementing this chapter shall be used to fund salaries of additional conservation officers in all eighty-two (82) counties.

HISTORY: Codes, 1942, § 8496-14; Laws, 1960, ch. 165, § 14; Laws, 1964, ch. 468, § 5; Laws, 1968, ch. 361, § 60; Laws, 1975, ch. 468, § 5; Laws, 1982, ch 365, § 13; Laws, 1988, ch. 599, § 2; Laws, 2000, ch. 516, § 128; Laws, 2006, ch. 521, § 1, eff from and after July 1, 2006.

§ 59-21-27. Additional certificates of numbers for livery boats; fees; renewals.

An owner of more than one livery boat shall be entitled to be awarded certificates of number for all such vessels on the payment of fees provided in Section 59-21-25. Each vessel shall have a separate and distinct number and shall be issued a separate certificate of number. Certificates of number under this section may be renewed on the payment of a single fee provided in Section 59-21-25.

HISTORY: Codes, 1942, § 8496-15; Laws, 1960, ch. 165, § 15; Laws, 1962, ch. 220, § 6; Laws, 1964, ch. 468, § 6; Laws, 1988, ch. 599, § 3, eff from and after July 1, 1988.

§ 59-21-29. Registration of serial numbers of outboard motors.

Each person registering a boat or boats under this chapter may at the same time register with the commission the serial numbers of all outboard motors owned by said person.

HISTORY: Codes, 1942, § 8496-25; Laws, 1960, ch. 165, § 25; Laws, 1973, ch. 458, § 3, eff from and after passage (approved April 9, 1973).

§ 59-21-31. Alteration of identification numbers or marks on vessels, outboard motors, boats or boat trailers; purchase, sale or possession of vessels, outboard motors, boats or boat trailers with altered identifications; examinations and reports.

No person shall remove, change or in any manner mutilate or deface any number awarded a vessel, or any motor number or other stamped, cast, or forged numbers or letters or other marks upon any vessel, outboard motor, boat or boat trailer, or assist in so doing, or, having knowledge of such change, fail to report the same to the Department of Wildlife, Fisheries and Parks in which such vessel, motor, boat or boat trailer is usually moored, docked, housed or garaged. Any person or owner, being in possession of a vessel, outboard motor, boat or boat trailer, shall examine the same and report such changes to the Department of Wildlife, Fisheries and Parks.

No person shall buy, sell or possess a vessel, outboard motor, boat or boat trailer on which any awarded number or identification number has been removed, changed, mutilated or defaced. It shall be the duty of any person buying, or any lienholder financing, a vessel, outboard motor, boat or boat trailer, to inspect the vessel, outboard motor, boat or boat trailer prior to its purchase or creation of a lien thereon, to ensure that it is in compliance with this section.

HISTORY: Codes, 1942, § 8496-25; Laws, 1960, ch. 165, § 25; Laws, 1993, ch. 480, § 1; Laws, 1995, ch. 551, § 2, eff from and after July 1, 1995.

§ 59-21-33. Seizure and forfeiture of vessels, outboard motors, boats and trailers with altered identification numbers or marks.

All vessels, outboard motors, boats and trailers having awarded numbers or identification numbers or marks which have been removed, changed, mutilated or defaced contrary to this chapter are subject to forfeiture. Any such property shall be seized by any conservation officer or enforcement officer of the Department of Wildlife, Fisheries and Parks, or other officer of the law including any sheriff or deputy sheriff. Upon the seizure of such property, forfeiture proceedings shall be instituted pursuant to Sections 49-7-251 through 49-7-257. Provided, however, that any such property which has previously been registered or titled within the State of Mississippi is not subject to forfeiture if the application for registration or title contained no false or fraudulent information, or if the property seized has a value less than One Thousand Dollars ($1,000.00).

HISTORY: Codes, 1942, § 8496-25; Laws, 1960, ch. 165, § 25; Laws, 1982, ch. 365, § 12; Laws, 1991, ch. 522, § 6; Laws, 1993, ch. 480, § 2; Laws, 1995, ch. 551, § 3, eff from and after July 1, 1995.

§ 59-21-41. Duplication of boat hulls and parts by direct molding process.

1. As used in this section:
   1. “Direct molding process” means any process in which the original manufactured boat hull or component part of a boat is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item.
   2. “Mold” means a matrix or form in which a substance or material is shaped.
   3. “Plug” means a device or model used to make a mold for the purpose of exact duplication.
2. It is unlawful for any person to use the direct molding process to duplicate for the purpose of sale any manufactured boat hull or component part of a boat made by another without the written permission of that other person.
3. The provisions of this section shall apply only to boat hulls or component parts of boats duplicated using a mold made on or after the effective date of this section.
4. Any person who suffers injury or damage as the result of a violation of the provisions of this section may bring an action in the chancery court for an injunction prohibiting such violations. In addition, such person shall be entitled to actual damages incurred as a result of such violation, reasonable attorney’s fees, and costs.

HISTORY: Laws, 1985, ch. 355, eff from and after passage (approved March 19, 1985).

§ 59-21-51. Duty to report boating accidents; “boating accident” defined.

In the case of a boating accident involving collision, accident or other casualty involving a motorboat or vessel subject to this chapter, while operated upon the waters of this state, the operator thereof, if the collision, accident or other casualty results in death to any person, injury causing any person to remain incapacitated for a period in excess of twenty-four (24) hours, or damage to property in excess of one hundred dollars ($100.00), shall file, on forms provided, with the commission an accident report with a full description of the collision, accident or other casualty, including such other information as is required under the provisions of this chapter. The commission shall furnish copies of reports to the appropriate federal agencies and sheriff of the county in which such accident or other casualty takes place.

For the purpose of this chapter, a “boating accident” means a collision, accident or other casualty involving (1) an undocumented motorboat or (2) any other undocumented vessel used for pleasure or recreational purposes. A vessel subject to this chapter is considered to be involved in a “boating accident” whenever the occurrence results in damage by or to the vessel or its equipment; in injury or loss of life to any person, or in the disappearance of any person from on board under circumstances which indicate the possibility of death or injury. A “boating accident” includes, but is not limited to, capsizing, collision, foundering, flooding, fire, explosion and the disappearance of a vessel other than by theft. A report is required whenever a vessel subject to this chapter is involved in a “boating accident” which results in any one or more of the following:

1. Loss of life.
2. Injury causing any person to remain incapacitated for a period in excess of twenty-four (24) hours.
3. Actual physical damage to property (including vessels) in excess of one hundred dollars ($100.00).

HISTORY: Codes, 1942, § 8496-16; Laws, 1960, ch. 165, § 16; Laws, 1973, ch. 372, § 1, eff from and after July 1, 1973.

§ 59-21-53. Time for submission of accident reports; contents; distribution; disclosure.

Whenever death results from a boating accident, a written report shall be submitted within forty-eight (48) hours. For every other reportable boating accident a written report shall be submitted within five (5) days after such accident. The operator(s) of the boat(s) shall prepare and submit the written report(s) to the commission. Every written report shall contain the following information:

1. The numbers and/or names of vessels involved.
2. The locality where the accident occurred.
3. The time and date when the accident occurred.
4. Weather and sea conditions at time of accident.
5. The name, address, age, and boat operating experience of the operator of the reporting vessel.
6. The names and addresses of operators of other vessels involved.
7. The names and addresses of the owners of vessels or property involved.
8. The names and addresses of any person or persons injured or killed.
9. The nature and extent of injury to any person or persons.
10. A description of damage to property (including vessels) and estimated cost of repairs.
11. A description of the accident (including opinions as to the causes).
12. The length, propulsion, horsepower, fuel and construction of the reporting vessel.
13. Names and addresses of known witnesses.

    The commission shall ensure that the forms required by this section are stocked at various county offices, boat companies, fishing camps, marinas, law enforcement offices, and at such other places as to make them reasonably available at all times.

    The commission shall consolidate such reports and transmit the same to the appropriate agencies. Boating accident reports shall not be a public record nor made available for public distribution, except as otherwise provided by law.

    The commission may, upon written request of any person involved in a boating accident or upon written request of the representative of his or her estate, his or her surviving spouse, or one or more of his or her surviving next of kin, disclose to such requester or his or her legal counsel or a representative of his insurer any information contained in such report except the parties’ version of the accident as set out in the written report filed by such parties.

HISTORY: Codes, 1942, § 8496-17; Laws, 1960, ch. 165, § 17; Laws, 1973, ch. 372, § 2; Laws, 1998, ch. 378, § 1, eff from and after July 1, 1998.

§ 59-21-55. Duty of vessel operator to remain at scene of accident and render aid and assistance; liability for rendering assistance.

1. It shall be the duty of the operator of any vessel involved in a boating accident to remain at the scene of such accident until he has rendered all necessary aid and assistance, including the carrying or the making of arrangements for the carrying of any person involved in such accident to a physician, surgeon, or hospital for medical, surgical or hospital treatment, if necessary, or if such carrying is requested by such injured person, and it is the further duty of the operator of any vessel or vessels involved in a boating accident required to be reported under this chapter to report the same as herein provided.
2. Any person who complies with subsection (1) of this section or who gratuitously and in good faith and in the exercise of reasonable care renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act committed in good faith and in the exercise of reasonable care or omission in good faith and in the exercise of reasonable care by such person in providing or arranging salvage, towage, medical treatment, or other assistance where the assisting person acts as an ordinary, reasonable, prudent man would have acted under the same or similar circumstances.

HISTORY: Codes, 1942, § 8496-18; Laws, 1960, ch. 165, § 18; Laws, 1973, ch. 372, § 3; Laws, 1979, ch. 376, § 3, eff from and after July 1, 1979.

§ 59-21-81. Requirements as to lights, personal flotation devices and other safety equipment; children required to wear personal flotation devices; vessels to be seaworthy; safety requirements for operation of personal watercraft.

1. Every vessel shall have on board a Coast Guard approved personal flotation device for each person aboard such vessel, and every person twelve (12) years or younger on board a motorboat, sailboat, or vessel which measures less than twenty-six (26) feet in length shall wear a type I, II, or III Coast Guard approved personal flotation device while such motorboat, sailboat, or vessel is underway. For the purpose of this section “underway” shall mean at all times except when a motorboat, sailboat, or vessel is anchored, moored, or aground. Every vessel shall have lights during the hours of darkness, which comply with all federal regulations applicable to vessels of its classification. Such vessel shall not be operated unless in a safe and seaworthy condition; the owner and operator shall employ such safety devices as may be necessary for the safe operation of such vessel, including an efficient natural or mechanical ventilating system when necessary for safe operation. In addition to the requirements imposed by this section, all vessels shall comply with all federal regulations applicable to vessels of such classification.
2. For purposes of this subsection, “personal watercraft” means a vessel which uses an inboard motor powering a water jet pump and which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. A person shall not operate a personal watercraft unless each person on board or being towed behind is wearing a type I, type II or type III, personal flotation device approved by the United States Coast Guard.

HISTORY: Codes, 1942, § 8496-19; Laws, 1960, ch. 165, § 19; Laws, 1973, ch. 397, § 1; Laws, 1988, ch. 434; Laws, 2001, ch. 496, § 1, eff from and after passage (approved Mar. 24, 2001.).

§ 59-21-83. Operation of vessel in reckless or negligent manner, while operator is incapacitated, etc.

No vessel shall be operated within this state in a reckless or negligent manner or at a rate of speed greater than is reasonable and prudent under the then existing circumstances or when the operator is so physically or mentally incapacitated as to be incapable of safely operating such vessel, or while the operator is under the influence of intoxicating liquor or narcotics, or when such vessel is overloaded beyond its reasonable carrying capacity. The provisions of this section shall be applicable to all watercraft operating on the waters of this state inclusive of, but not limited to, undocumented or unnumbered vessels and shall specifically include all vessels exempted from numbering by Section 59-21-5 and surfboards, aquaplanes, airboats, water skis or other watercraft.

HISTORY: Codes, 1942, § 8496-20; Laws, 1960, ch. 165, § 20; Laws, 1964, ch. 468, § 7, eff from and after June 15, 1964.

§ 59-21-85. Age restrictions on operation of motorboats.

1. 1. No motorboat required to be numbered under this chapter shall be operated by any person who is under the age of twelve (12) years, unless he possesses a certificate as required under this section and is also accompanied by a parent, guardian or other person who is at least twenty-one (21) years of age and qualified and capable of operating the same.
   2. A motorboat required to be numbered under this chapter may not be operated by any person born after June 30, 1980, unless the person has completed a course in boating safety conducted or approved by the Department of Wildlife, Fisheries and Parks, and the person has in his immediate possession while operating a motorboat a certificate of satisfactory completion of the boating safety course.
   3. The requirement of possessing a certificate under this subsection shall not apply to any person operating a motorboat that is rented from a person engaged in the business of renting motorboats.
2. Boating safety courses shall be held by the Department of Wildlife, Fisheries and Parks, or instructors designated and approved by the department. The Department of Wildlife, Fisheries and Parks shall issue a certificate to each person who satisfactorily completes the boating safety course.
3. In lieu of any other penalties provided for a violation of this chapter, a violation of this section is punishable by a fine of not less than Twenty-Five Dollars ($25.00) nor more than Fifty Dollars ($50.00).

HISTORY: Codes, 1942, § 8496-20; Laws, 1960, ch. 165, § 20; Laws, 1964, ch. 468, § 7; Laws, 1973, ch. 397, § 2; Laws, 1996, ch. 545, § 1, eff from and after July 1, 1997.

§ 59-21-87. Regulation of water skiing, aquaplaning, etc.

No person shall operate a motorboat on any waters of this state while towing a person on water skis, or on an aquaplane or similar device, without an observer in the boat in addition to the operator. Such observer shall be above ten years of age.

The provisions of the first paragraph of this section do not apply to a person engaged in a professional exhibition or a person participating in an official regatta, motorboat race, marine parade, tournament or exhibition.

No person shall operate or manipulate any motorboat, tow rope or other device by which the direction or location of water skis, aquaplane, or similar device may be affected or controlled in such a way as to cause the water skis, aquaplane, or similar device, or any person thereon to collide or strike against any object or person, except slalom buoys, ski jumps or like objects used normally in competitive or recreational skiing.

HISTORY: Codes, 1942, § 8496-21; Laws, 1960, ch. 165, § 21; Laws, 1962, ch. 220, § 8, eff from and after passage (approved May 1, 1962).

§ 59-21-89. Use of oscillating or rotating blue lights on vessels.

1. It is unlawful for any person, other than a law enforcement officer on duty, to use or display oscillating or rotating blue lights on a vessel operating on the public waters of this state. Upon the approach of an authorized law enforcement vessel operating a strobe, rotating or oscillating blue light or giving audible signal by siren or both, the operator of a vessel shall yield the right-of-way and shall stop and remain in position until the authorized law enforcement vessel has passed, except when otherwise directed by a law enforcement officer.
2. A person violating this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

HISTORY: Laws, 1994, ch. 353, § 1; Laws, 1994, ch. 640, § 1; reenacted and amended, Laws, 1995, ch. 476; reenacted and amended, Laws, 1995, ch. 600, § 1, eff from and after July 2, 1995.

§ 59-21-111. Assumption of duties and responsibilities of Boat and Water Safety Commission.

1. The Mississippi Commission on Wildlife, Fisheries and Parks shall be the Mississippi Boat and Water Safety Commission, and shall exercise the duties and responsibilities of the Mississippi Boat and Water Safety Commission through the Mississippi Department of Wildlife, Fisheries and Parks, insofar as practicable under the provisions of Chapter 4 of Title 49, Mississippi Code of 1972; except on marine waters under the jurisdiction of the Commission on Marine Resources.
2. The Commission on Marine Resources shall exercise the duties and responsibilities of the Mississippi Boat and Water Safety Commission through the Mississippi Department of Marine Resources on the marine waters of the state. The Commission on Marine Resources shall not exercise any powers related to numbering of undocumented vessels. Those powers are vested exclusively in the Commission on Wildlife, Fisheries and Parks.

HISTORY: Codes, 1942, § 8496-22; Laws, 1960, ch. 165, § 22; Laws, 1964, ch. 468, § 8; Laws, 1968, ch. 266, § 1; Laws, 1978, ch. 484, § 29; Laws, 1994, ch. 353, § 3; Laws, 1994, ch. 640, § 3; Laws, 1995, ch. 439, § 1; Laws, 1999, ch. 585, § 8, eff from and after July 1, 1999.

§§ 59-21-113 and 59-21-115. . Repealed.

Repealed by Laws, 1978, ch. 484, § 30, eff from and after July 1, 1979.

59-21-113. [Codes, 1942, § 8496-22; Laws, 1960, ch. 165, § 22; 1964, ch. 468,§ 8; 1968, ch. 266, § 1]

59-21-115. [Codes, 1942, § 8496-23; Laws, 1960, ch. 165, § 23; 1964, ch. 468, § 9; 1968, ch. 265, § 4]

§ 59-21-117. Promulgation of rules and regulations generally.

1. The commission shall adopt and promulgate rules and regulations for the administration and enforcement of the provisions of this chapter, and to advertise and promote the fresh waterways of the state.
2. The Commission on Marine Resources shall adopt and promulgate rules and regulations for the administration and enforcement of Sections 59-21-111 through 59-21-129. The Commission on Marine Resources shall adopt rules and regulations in accordance with subsections (4) and (5).
3. The provisions of Sections 59-21-117 through 59-21-127 shall be applicable to all waters of this state that are under the jurisdiction of the State of Mississippi.
4. Before any rules and regulations are adopted, the proposed rules and regulations shall be reduced to writing and a public hearing shall be held after at least thirty (30) days’ notice of the hearing. The notice shall be published at least one (1) time in a newspaper of general circulation in this state. A copy of the proposed rules and regulations shall be furnished to the sheriff of each county affected at least thirty (30) days prior to the hearing. The hearing shall be held at a place convenient to the largest number of owners of vessels affected by the proposed rules and regulations or, if of general statewide application, shall be held in the City of Jackson, Mississippi.
5. A copy of the regulations adopted pursuant to this section, and amendments thereto, shall be filed in the office of the commission adopting the regulations and in the office of the sheriff of each county affected where the same shall be maintained as a public record. The rules and regulations shall be published in a convenient form and shall be given to each recipient of an original, renewed, transferred, or a recorded certificate of number.

HISTORY: Codes, 1942, § 8496-23; Laws, 1960, ch. 165, § 23; Laws, 1964, ch. 468, § 9; Laws, 1968, ch. 265, § 4; Laws, 1973, ch. 458, § 1; Laws, 1995, ch. 439, § 2, eff from and after July 1, 1995.

§ 59-21-119. Purchase, operation and maintenance of equipment; purchase of property damage insurance.

The commission is hereby authorized to purchase, operate and maintain such motor vehicles, boats, trailers, motors and other equipment as may be deemed necessary and proper for the administration of this chapter. The commission may purchase property damage insurance on its motor vehicles, boats, trailers, motors and other equipment, and may expend funds from any available source for the purpose of obtaining such insurance.

HISTORY: Codes, 1942, § 8496-23; Laws, 1960, ch. 165, § 23; Laws, 1964, ch. 468, § 9; Laws, 1968, ch. 265, § 4; Laws, 2007, ch. 394, § 1, eff from and after passage (approved Mar. 15, 2007.).

§ 59-21-121. Regulation of regattas, boat races, exhibitions, etc.

Any person or organization sponsoring a regatta, motorboat or other boat race, marine parade, tournament or exhibition shall be responsible for providing adequate protection from marine traffic interference and hazards. The commission may adopt and may from time to time amend regulations governing the same.

HISTORY: Codes, 1942, § 8496-23; Laws, 1960, ch. 165, § 23; Laws, 1964, ch. 468, § 9; Laws, 1968, ch. 265, § 4, eff from and after passage (approved July 4, 1968).

§ 59-21-123. Enforcement officers; employment and compensation.

The executive director with the approval of the commission may employ and fix the duties of such clerical assistants, enforcement officers and other agents as may be deemed necessary to carry out the provisions of this chapter, and to fix their tenure of employment and compensation therefor; provided, however, that enforcement officers shall meet the same requirements and qualifications as required for conservation officers in Section 49-1-15(1) and (2).

The salaries of such paid employees shall be paid out of any funds which may be received by the commission for the administration of this chapter. All salaries and positions are to conform with the requirements of the state classification commission law of 1970. In addition to their salaries, the enforcement officers may be paid in accordance with the provisions of Section 25-3-41, Mississippi Code of 1972, for their necessary travel when performed by private conveyance and will be reimbursed for their actual expenses not to exceed eighteen dollars ($18.00) per day while actually engaged in the performance of their duties, to be allowed only on expense account itemized and filed by them with, and approved by, the executive director and the commission.

HISTORY: Codes, 1942, § 8496-23; Laws, 1960, ch. 165, § 23; Laws, 1964, ch. 468, § 9; Laws, 1968, ch. 265, § 4; Laws, 1973, ch. 458, § 1; Laws, 1980, ch. 553, § 3, eff from and after July 1, 1980.

§ 59-21-125. Enforcement officers; bond.

Each enforcement officer shall execute and file with the state treasurer a good and sufficient surety bond in the sum of two thousand dollars ($2,000.00), conditioned on the faithful performance of his respective duties. Each enforcement officer shall be reimbursed by the commission for the premiums on his bond.

HISTORY: Codes, 1942, § 8496-23; Laws, 1960, ch. 165, § 23, 1964, ch. 468, § 9; Laws, 1968, ch. 265, § 4, eff from and after passage (approved July 4, 1968).

§ 59-21-127. Enforcement officers; powers and duties.

It shall be the duty of all enforcement officers to enforce, and to obey and carry out all instructions, directions, rules and regulations of the commission with respect to the enforcement of the provisions of this chapter. Each enforcement officer shall account for and pay over, pursuant to law, all monies received by him under this chapter.

Such enforcement officers shall have the power, and it shall be their duty, to execute all warrants for violations of the rules and regulations of the commission and the provisions of this chapter; to serve subpoenas issued for the examination and investigation or trial of such violations; to board and examine, without warrant, any vessel required to be numbered under this chapter, to ascertain whether any of the provisions of this chapter or any rule or regulation of the commission has been or is being violated, and to use such force as may be necessary for the purpose of such examination and inspection; to arrest, without warrant, any person committing a violation of this chapter or the rules and regulations of the commission in the presence of the enforcement officers, and to take such person before a magistrate or court having jurisdiction for trial or hearing; and to exercise such other powers of peace officers in the enforcement of this chapter and the rules and regulations of the commission or of a judgment for the violation thereof, as are not herein specifically provided. No enforcement officers shall compromise or settle out of court any violation of the provisions of this chapter or any rule or regulation promulgated by the commission.

HISTORY: Codes, 1942, § 8496-23; Laws, 1960, ch. 165, § 23; Laws, 1964, ch. 468, § 9; Laws, 1968, ch. 265, § 4, eff from and after passage (approved July 4, 1968).

§ 59-21-129. Adoption of special rules and regulations.

1. Any agency or political subdivision of this state may make application to the commission for special rules and regulations with reference to the operation, equipment or safety of vessels on any waters of this state within its territorial limits or authorized jurisdiction and shall set forth therein the reasons which make special rules or regulations necessary or appropriate. The commission is hereby authorized, after notice and a public hearing as provided in Section 59-21-117, to make special rules and regulations with reference to the operation, equipment or safety of vessels or motorboats on any waters of the state.
2. The several counties and municipalities bordering the Mississippi Sound or the other coastal or tidal waters of this state are authorized and empowered to adopt ordinances setting out special rules and regulations with reference to the operation, equipment, or safety of vessels or motorboats on the Mississippi Sound or the other coastal or tidal waters of the state within their territorial limits, and shall set forth therein the reasons which make special rules and regulations necessary or appropriate. No ordinance shall conflict with the provisions of this chapter or with the regulations of any federal agency having jurisdiction over those waters. Notice shall be given of the proposed ordinance and a hearing shall be held thereon before the Commission on Marine Resources as provided in Section 59-21-117, and as a condition precedent, the Commission on Marine Resources shall recommend the adoption of the ordinance.
3. It is the intent of this chapter that uniform regulations of general application to all the waters of this state shall be adopted and promulgated wherever practicable, and any special regulation or local ordinance, as authorized herein, shall be limited to the exigencies of local conditions which cannot be corrected by a regulation generally applicable to all the waters of the state.

HISTORY: Codes, 1942, § 8496-24; Laws, 1960, ch. 165, § 24; Laws, 1964, ch. 468, § 10; Laws, 1973, ch. 458, § 2; Laws, 1995, ch. 439, § 3, eff from and after July 1, 1995.

§ 59-21-151. Enforcement of chapter.

All peace officers and other law enforcement officials are hereby authorized, empowered and enjoined to enforce the provisions of this chapter within their respective jurisdictions.

It shall be the duty of each district attorney in this state and each county prosecuting attorney in each county of this state to prosecute and defend, for the state, in all courts of the county or counties in his district or county, all causes, criminal or civil, arising under the provisions of this chapter or under any rule or regulation adopted and promulgated under this chapter, in which the state may be a party or may be interested or concerned.

HISTORY: Codes, 1942, § 8496-26; Laws, 1960, ch. 165, § 26; Laws, 1964, ch. 468, § 11, eff from and after June 15, 1964.

§ 59-21-153. Penalties.

Any person who violates any provision of this chapter is guilty of a misdemeanor, and shall be subject to the following penalties:

For a violation of any of the provisions of Sections 59-21-23(d), 59-21-29, 59-21-33, 59-21-55, 59-21-81 through 59-21-87, and 59-21-111 through 59-21-129, by a fine not to exceed Two Hundred Fifty Dollars ($250.00) or by imprisonment in the county jail not to exceed thirty (30) days, or both.

For the violation of any provision of Section 59-21-31, by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not to exceed thirty (30) days, or both.

For the violation of any other provision of this chapter, by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00).

HISTORY: Codes, 1942, § 8496-26; Laws, 1960, ch. 165, § 26; Laws, 1964, ch. 468, § 11; Laws, 1988, ch. 327, eff from and after July 1, 1988.

§ 59-21-155. Disposition of fines and penalties.

All monies collected as fines or penalties for violation of the provisions of this chapter shall be paid over by the court, justice court judge, or other officer collecting or receiving the fines or penalties to the county having jurisdiction over the violation as provided by law.

HISTORY: Codes, 1942, § 8496-26; Laws, 1960, ch. 165, § 26; Laws, 1964, ch. 468, § 11; Laws, 1982, ch. 365, § 14; Laws, 1995, ch. 439, § 4, eff from and after July 1, 1995.

§ 59-21-157. Civil liability for violation of provisions of chapter.

The owner or operator of a vessel, or both, shall be civilly liable for any injury or damage proximately resulting from the negligent failure of such owner or operator to comply with any of the provisions of this chapter.

HISTORY: Codes, 1942, § 8496-27; Laws, 1960, ch. 165, § 27, eff from and after passage (approved April 14, 1960).

§ 59-21-159. Venue of actions based upon chapter.

The venue of any action based on this chapter may be in the county in which the vessel is usually moored, docked, housed or garaged, or in the county in which a vessel is involved in a boating accident, or in event of a boating accident taking place on a navigable waterway which is the boundary line of a county in either county so bounded, or in the county of the residence of the owner or operator of any such vessel.

HISTORY: Codes, 1942, § 8496-27; Laws, 1960, ch. 165, § 27, eff from and after passage (approved April 14, 1960).

§ 59-21-161. Service of process on nonresidents.

The acceptance by a nonresident of the right and privileges of operating a vessel or motorboat on any of the waters of this state, as evidenced by his operating, either in person or by agent or employee, a vessel or motorboat upon any of the navigable waters of this state, shall be deemed equivalent to an appointment by such nonresident of the secretary of state of the State of Mississippi to be his true and lawful attorney, upon whom may be served all lawful processes or summonses in any action or proceeding against him, growing out of a violation of the provisions of this chapter, or of any accident in which said nonresident may be involved while operating a vessel or motorboat on the navigable waters of the state. Such service of process may be had in the same manner as is provided by Section 13-3-63, for the service of process on nonresidents operating motor vehicles upon the highways of this state, and shall have the same effect.

HISTORY: Codes, 1942, § 8496-27; Laws, 1960, ch. 165, § 27, eff from and after passage (approved April 14, 1960).

§ 59-21-163. Effect of Sections 59-21-157 through 59-21-161 on other causes of action.

The provisions of Sections 59-21-157 through 59-21-161 shall not be construed to limit any cause of action heretofore maintainable at common law, maritime law or in admiralty, but shall be cumulative and supplemental thereto.

HISTORY: Codes, 1942, § 8496-27; Laws, 1960, ch. 165, § 27, eff from and after passage (approved April 14, 1960).

§ 59-23-1. Short title.

This chapter shall be known and may be cited as the “Alcohol Boating Safety Act.”

HISTORY: Laws, 1995, ch. 620, § 1, eff from and after July 1, 1995.

§ 59-23-3. Definitions.

For the purposes of this chapter, the following terms shall have the following meanings unless the context shall prescribe otherwise:

“Chemical test” means an analysis of a person’s blood, breath, urine or other bodily substance for the determination of the presence of alcohol or any other substance which may impair a person’s mental or physical ability.

“Intoxicated” means under the influence of alcohol or any combination of alcohol, controlled substance or drugs, so that there is impaired thought and action and loss of normal control of a person’s faculties to such an extent as to endanger any person.

“Law enforcement officer” means any officer described in Section 63-11-19 and includes a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks and a marine law enforcement officer employed by the Department of Marine Resources.

“Prima facie evidence of intoxication” includes evidence that at the time of an alleged violation there was eight one-hundredths percent (.08%) or more by weight of alcohol in the person’s blood.

“Public waters” means all public waters over which the state has jurisdiction.

“Watercraft” means a motorized vessel with a motor of twenty-five (25) horsepower or greater used for transportation on public waters and personal watercraft (jet skis).

“Operates a watercraft” or “operation of a watercraft” shall mean a watercraft that is underway in the water.

HISTORY: Laws, 1995, ch. 620, § 2; Laws, 1996, ch. 406, § 1; Laws, 2010, ch. 370, § 1, eff from and after July 1, 2010.

§ 59-23-5. Consent to chemical or breath tests by persons operating watercraft; offer and administration of tests; advisement of effect of refusal to submit to test; advisement of persons arrested of rights; uniform citation form.

1. A person who operates a watercraft in waters over which this state has jurisdiction shall be deemed to have given consent to submit to a chemical test or test of his breath for the purpose of determining the alcohol content of his blood, as a condition of operating the watercraft in this state.
2. A law enforcement officer who has probable cause to believe that a person has committed an offense under this chapter shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person. A law enforcement officer may offer a person more than one (1) chemical test under this section. However, all tests must be administered within three (3) hours after the officer has probable cause to believe the person violated this chapter. If a person refuses to submit to a chemical test under this chapter, the person shall be informed by the law enforcement officer that the refusal to submit to the test shall subject him to arrest and punishment consistent with the penalties prescribed in Section 59-23-7 for persons submitting to the test, and that the court shall order the person not to operate a watercraft for at least one (1) year.
3. If the chemical test results in prima facie evidence that the person is intoxicated, he shall immediately be arrested.
4. 1. The law enforcement officer arresting a person pursuant to the provisions of this chapter shall inform the person arrested that:
      1. The person arrested has the right to be represented by legal counsel;
      2. The person arrested may waive the right to be represented by legal counsel; and
      3. The charge for which the person is being arrested may be used against him, upon conviction, for purposes of receiving an enhanced penalty as provided in Section 59-23-7.
   2. The citation or affidavit which is issued to the person arrested shall be uniform throughout all jurisdictions in the State of Mississippi and shall contain a place for the arresting official to sign, stating that he has advised the person arrested of the information contained in paragraph (a) of this subsection. The judge hearing the case or accepting the guilty plea, as the case may be, shall sign in a place provided on the citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been advised pursuant to paragraph (a) of this subsection. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the citation or affidavit.
   3. The Mississippi Department of Wildlife, Fisheries and Parks shall prepare and furnish, no later than July 1, 1995, to all jurisdictions in the State of Mississippi a uniform citation form consistent with this chapter, which shall be used in all jurisdictions in the State of Mississippi.
   4. The Mississippi Department of Wildlife, Fisheries and Parks shall notify, by whatever means it deems appropriate, all law enforcement officers who are authorized to enforce the provisions of this chapter of their obligation to provide the information and execute the citation or affidavit, as described in paragraphs (a) and (b) of this subsection.

HISTORY: Laws, 1995, ch. 620, § 3; Laws, 2010, ch. 370, § 2, eff from and after July 1, 2010.

§ 59-23-7. Offenses and penalties.

1. It is unlawful for any person to operate a watercraft on the public waters of this state who:
   1. Is under the influence of intoxicating liquor;
   2. Is under the influence of any other substance which has impaired such person’s ability to operate a watercraft; or
   3. Has eight one-hundredths percent (.08%) or more by weight volume of alcohol in the person’s blood based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood as shown by a chemical analysis of such person’s breath, blood or urine administered as authorized by this chapter.
2. 1. Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 59-23-5 were given, or where chemical test results are not available, such person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than twenty-four (24) hours in jail, or both; and the court shall order such person to attend and complete a boating safety education course developed by the Department of Wildlife, Fisheries and Parks.
   2. Upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Dollars ($1,000.00) and shall be imprisoned not less than forty-eight (48) consecutive hours nor more than one (1) year or sentenced to community service work for not less than ten (10) days nor more than one (1) year. The court shall order the person not to operate a watercraft for one (1) year.
   3. For any third conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be fined not less than Eight Hundred Dollars ($800.00) nor more than One Thousand Dollars ($1,000.00) and shall be imprisoned not less than thirty (30) days nor more than one (1) year. The court shall order the person not to operate a watercraft for two (2) years.
   4. Any fourth or subsequent violation of subsection (1) of this section shall be a felony offense and, upon conviction, the offenses being committed within a period of five (5) years, the person shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned not less than ninety (90) days nor more than five (5) years in the custody of the Department of Corrections. The court shall order the person not to operate a watercraft for three (3) years.
3. Any person convicted of operating any watercraft in violation of subsection (1) of this section where the person (a) refused a law enforcement officer’s request to submit to a chemical test, or (b) was unconscious at the time of a chemical test and refused to consent to the introduction of the results of such test in any prosecution, shall be punished consistent with the penalties prescribed herein for persons submitting to the test and the court shall order the person not to operate a watercraft for the time periods specified in subsection (2) of this section.
4. Any person who operates any watercraft in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other member or limb of another shall, upon conviction, be guilty of a felony and shall be committed to the custody of the Department of Corrections for a period of time not to exceed ten (10) years.
5. Upon conviction of any violation of subsection (1) of this section, the judge shall cause a copy of the citation and any other pertinent documents concerning the conviction to be sent immediately to the Mississippi Department of Wildlife, Fisheries and Parks and the Department of Marine Resources. A copy of the citation or other pertinent documents, having been attested as true and correct by the Director of the Mississippi Department of Wildlife, Fisheries and Parks, or his designee, or the Director of the Department of Marine Resources, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.

HISTORY: Laws, 1995, ch. 620, § 4; Laws, 2010, ch. 370, § 3, eff from and after July 1, 2010.

§ 59-25-1. Definitions.

The following words, as used in this chapter, shall have the following meanings:

“Certificate of origin” means the document provided by the manufacturer of a new vessel, or its distributor, which is the only valid indication of ownership between the manufacturer, its distributor, its franchised new vessel dealers and the original purchaser.

“Dealer” means any person engaged wholly or in part in the business of selling or offering for sale, buying or taking in trade for the purpose of resale, or exchanging, displaying, demonstrating or offering for sale vessels or motors, and who receive or expect to receive money, profit or any other thing of value.

“Department” means the Department of Wildlife, Fisheries and Parks.

“Documented vessel” means a vessel documented under 46 U.S.C.S., Chapter 121.

“Lienholder” means a person holding a security interest.

“Manufacturer” means any person engaged in the manufacture, construction or assembly of vessels, or their importation into the United States, for the purpose of sale or trade.

“Motor” means any type of outboard device providing motorized propulsion for vessels operated by any type fuel.

“Operate” means to navigate or otherwise use a vessel.

“Owner” means a person, other than a lienholder, having the property in or title to a vessel or motor. The term includes a person entitled to the use or possession of a vessel or motor subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

“Person” means an individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity and includes a trustee, receiver, assignee or similar representative of any of them.

“Security interest” means an interest which is reserved or created by an agreement which secures payment or performance of an obligation and is valid against third parties generally.

“State of principal operation” means the state on whose waters a vessel is used or to be used most during a calendar year.

“Titling authority” means a state whose vessel titling system has been certified by the Coast Guard as complying with the guidelines for state vessel titling systems listed in 33 CFR, Part 187.

“Use” means to operate, navigate or employ a vessel. A vessel is in use whenever it is upon the water.

“Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water, that is required to be numbered in accordance with the Mississippi Boating Law, Chapter 21 of Title 59, Mississippi Code of 1972.

HISTORY: Laws, 1997, ch. 393, § 1; Laws, 1998, ch. 362, § 1, eff from and after passage (approved March 16, 1998).

§ 59-25-3. Application for certificate of title; application requirements; contents of certificate of title.

1. Any owner of a vessel principally operated on the waters of the state and required to be numbered may apply to the department for a certificate of title for the vessel or the motor.
2. 1. The application shall contain the name and mailing address of the owner, and the names and addresses of all persons having any liens or encumbrances upon the vessel or motor in the order of their priority. The application shall contain the signatures of all owners certifying that statements made are true and correct to the best of the applicant’s knowledge, information and belief, under penalty of perjury.
   2. Every application for a certificate of title shall contain a description of the vessel or motor to be titled, including the state certificate of number (if previously assigned), hull length, type and principal material of construction, model year, the date of purchase, hull identification number, manufacturer, horse power, serial number and the name and address of the person from whom the vessel or motor was purchased. The application shall contain the date of sale and gross purchase price of the vessel or motor, or the fair market value if no sale immediately preceded the transfer and any additional information the department requires. If the application is made for a vessel or motor previously registered or titled in another state or foreign country, it shall contain this information. The application shall be on forms prescribed and furnished by the department and shall contain any other information required by the department.
3. If a dealer buys or acquires a used numbered vessel or motor for resale, he shall report the acquisition to the department on forms the department provides, or he may apply for and obtain a certificate of title as provided in this chapter. If a dealer acquires a new vessel or motor requiring titling for resale, he may apply for and obtain a certificate of title as provided in this chapter.

   Every dealer transferring a vessel or motor requiring titling, as determined by the department, shall assign the title to the new owner, or in the case of a new vessel or motor assign either the certificate of origin or, if titled, the title.

4. No person may sell, assign or transfer a vessel or motor titled by the department without delivering to the purchaser or transferee a certificate of title with an assignment on it showing title in the purchaser or transferee’s name. No person may purchase or otherwise acquire a vessel or motor titled by the department without obtaining a certificate of title for it in his name.
5. Every certificate of title shall contain the owner’s name; the address of the principal place of residence of an individual owner and the address of the principal place of business of an owner that is not an individual, including zip code; date of title issuance; vessel or motor description, including the vessel or motor identification number as described in 33 CFR 187.05, name of manufacturer or model, year built or the model year, vessel length, vessel type, drive or propulsion type, motor horsepower, vessel use, hull material and fuel type; each lienholder’s name and address; recording or perfection date of new liens and original recording date of any liens outstanding; and other items as required by the department. Space must also be provided for assignment of interest, with a certification that statements provided on the title assignment are true and correct to the best of the owner’s knowledge, under penalty of perjury.
6. The department shall retain the evidence used to establish the accuracy of the information required for titling purposes, and shall maintain a record of any certificate of title it issues.

HISTORY: Laws, 1997, ch. 393, § 2, eff from and after July 1, 1998.

§ 59-25-5. Issuances of certificate of title; procedures and fees.

1. The department may charge a fee not to exceed Ten Dollars ($10.00) to issue a certificate of title; a transfer of title or a duplicate or corrected certificate of title.
2. The holder of an original title shall apply for a duplicate title within thirty (30) days after, or after the discovery of, the loss, theft, mutilation or destruction of an original certificate of title. The department shall issue a duplicate certificate of title plainly marked “duplicate” across its face upon application by the person entitled to hold the certificate if the department is satisfied that the original certificate has been lost, stolen, mutilated, destroyed or has become illegible. The applicant shall furnish information concerning the original certificate and the circumstances of its loss, theft, mutilation or destruction. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate. If a duplicate certificate of title has been issued and the lost or stolen original is recovered, the original shall be promptly surrendered to the department for cancellation.

HISTORY: Laws, 1997, ch. 393, § 3, eff from and after July 1, 1998.

§ 59-25-7. Certificate of origin; records of sale, purchase, or exchange of vessel.

1. No dealer shall purchase or acquire a new vessel or motor without obtaining from the seller a manufacturer’s or importer’s certificate of origin. No manufacturer, importer, dealer or other person shall sell or otherwise dispose of a new vessel or motor to a dealer for purposes of resale without delivering to the dealer a manufacturer’s or importer’s certificate of origin.
2. The manufacturer’s or importer’s certificate of origin shall be a uniform or standardized form prescribed by the department and shall contain: a description of the vessel or motor including its trade name, model year, length, type and hull identification number; an assignment form, including the certification of date of transfer of vessel or motor, the name and address of transferee; certification that the vessel or motor is new, and a warranty that the vessel or motor at the time of delivery is subject only to such liens and encumbrances as set forth and described in full in the assignment.
3. Every dealer shall maintain for at least three (3) years a record of any vessel or motor bought, sold, exchanged or received for sale or exchange. This record shall be available for inspection by department representatives during reasonable business hours.

HISTORY: Laws, 1997, ch. 393, § 4, eff from and after July 1, 1998.

§ 59-25-9. Hull identification numbers; motor serial numbers.

1. Every vessel shall have a hull identification number assigned and affixed. The department shall assign a hull identification number to an undocumented vessel not having a hull identification number at the time of numbering or applying for a certificate of title after transfer of ownership or change of state of principal operation. Every motor shall have a motor serial number affixed.
2. A person may not destroy, remove, alter, cover or deface the manufacturer’s hull identification number or motor serial number, the plate bearing it or any hull identification number or motor serial number the department assigns to any vessel or motor, without authorization from the department.

HISTORY: Laws, 1997, ch. 393, § 5, eff from and after July 1, 1998.

§ 59-25-11. Transfer of title by operation of law.

1. In the event of a transfer by operation of law of the title or interest of an owner in a vessel or motor titled under this chapter, the transferee or his legal representative shall apply to the department for a certificate of title within thirty (30) days of the transfer. The application shall be accompanied by the title or other states registration previously issued for the vessel or motor, if available, together with any instruments or documents of authority, or certified copies thereof, satisfactory to the department as proof of ownership and the required fee.
2. For purposes of this chapter, transfer by operation of law shall include transfers to anyone as legatee or distributee or as surviving joint owner or by an order in bankruptcy or insolvency, execution sale, repossession upon default in the performing of the terms of a lease or executory sales contract, or transfers pursuant to any written agreement ratified or incorporated in a decree or order of a court of record, or otherwise than by the voluntary act of the person whose title or interest is so transferred.
3. If the holder of a certificate of title is deceased and there has been no qualification on his estate, a transfer may be made by a legatee or distributee. The legatee or distributee presents to the department the original certificate of title and a statement made to the effect that there has not been or expected to be a qualification on the estate and that the decedent’s debts have been paid or that the proceeds from the sale of the vessel or motor will be applied against his debts. The statement shall contain the name, residence at the time of death, date of death of the decedent, and the names of any other persons having an interest in the vessel or motor for which the title is to be transferred. If these persons are of legal age, they shall indicate in writing their consent to the transfer of the title.

HISTORY: Laws, 1997, ch. 393, § 6, eff from and after July 1, 1998.

§ 59-25-13. Certificate of title showing security interest.

1. The department, upon receiving an application for a certificate of title to a vessel or motor showing security interest on the vessel or motor, shall show upon the face of the certificate of title all security interest in the order of their priority as shown on the application. When a security interest exists, the application for a certificate of title must also contain the name and address of the secured party and the date and amount of the security interest.
2. Security interest created after the original issue of title to the owner must be shown on the certificate of title. The owner shall surrender the original certificate of title to the department and file an application with the department containing the name and address of the secured party, the amount of the security interest, the date and payment of a filing fee. The department shall then issue a new certificate of title showing name and address of the secured party. The newly issued certificate of title shall be sent to the secured party.

   For the purpose of recording a subsequent security interest, the department shall require any secured party to deliver the certificate of title to the department. Upon receipt of the certificate of title, completion of the forms and required fees, the department shall then issue a new certificate of title showing the security interest in the order of their priority according to the date of the filing of the application. The newly issued certificate of title shall be sent to the first secured party listed on the certificate of title.

3. The certificate of title when issued by the department showing a security interest shall be adequate notice to the state, creditors and purchasers that a security interest exists. The recording or filing of the security interest in the county or city where the purchaser or debtor resides shall not be required.
4. If application for the recordation of a security interest is filed in the principal office of the department within five (5) days from the date of the applicant’s purchase of the vessel or motor, it shall be valid to all persons as if the recordation had been done on the day the security interest was acquired.
5. The security interest, except security interest in inventory held for sale, shown on the certificates of title issued by the department pursuant to applications for certificates shall have priority over any other liens or security interest however created and recorded, except for liens designated by the department.
6. The certificate of title shall be delivered to the person holding the security interest having first priority. The title shall be retained by that lienholder until the entire amount of the security interest is fully paid by the owner. The certificate of title shall then be delivered to the secured party next in order of priority and so on, or, if none, then to the owner.
7. Upon the satisfaction of a security interest, the secured party shall attach to the certificate of title a release of security interest or in whatever form as may be prescribed by the department. Within five (5) days the secured party shall mail or deliver the certificate of title to the owner and a copy of the security release, if required by the department. Upon request of the owner and upon receipt of a copy of the security release, if required, and the certificate of title, the department shall correct its records and issue a new certificate of title to the owner.
8. It shall constitute a misdemeanor for a secured party who holds a security interest as provided for in this chapter to refuse or fail to surrender the certificate of title to the person to whom it is legally entitled within five (5) days after the security interest has been paid and satisfied. The misdemeanor is punishable as provided in Section 59-21-153(a).
9. This section does not apply to any of the following: a lien given by statute or rule of law to a supplier of services or materials for the vessel or motor; a lien given by statute to the United States, a state or a political subdivision thereof; or any lien arising out of an attachment of a vessel or motor.

HISTORY: Laws, 1997, ch. 393, § 7, eff from and after July 1, 1998.

§ 59-25-15. Certificate of number prima facie evidence of ownership.

Issuance of a certificate of number shall be prima facie evidence of ownership of a vessel and entitles a person to a certificate of title, but certificate of number and certificate of title shall be subject to rebuttal.

HISTORY: Laws, 1997, ch. 393, § 8, eff from and after July 1, 1998.

§ 59-25-17. Authority of department to adopt rules and regulations, prescribe forms, and carry out investigations.

1. The department shall adopt the necessary rules and regulations to implement this chapter.
2. The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests and all other notices and forms necessary to carry out this chapter.
3. The department may make necessary investigations to procure information required to carry out this chapter.

HISTORY: Laws, 1997, ch. 393, § 9, eff from and after July 1, 1998.