Chapter 1. County Boundaries

§ 19-1-1. Adams County.

Adams County is bounded by beginning on the Mississippi River, bounding on Jefferson County, at the upper side of Rose’s old settlement, and thence easterly in a direct line to Strover’s mound, near Fairchild’s creek; thence up the south branch of said creek, with its meanderings, to a place once known as Griffin’s stillhouse, and afterward George Selser’s springs; thence in a direct line to the northeast corner of what was once Edmond Andrews’ cotton gin; thence in a due east course to the basis meridian line; thence south with said line, on Jefferson and Franklin Counties, to the River Homochitto; thence with said river, bounding on Wilkinson County (to leave Tansy Island in Wilkinson County), to the Mississippi River; and thence northerly along the same to the place of beginning. The county site is Natchez.

HISTORY: Codes, 1871, § 20; 1880, § 24; 1892, § 348; 1906, § 411; Hemingway’s 1917, § 3825; 1930, § 3888; 1942, § 3023; Laws, Apr. 2, 1799.

Cross References —

Resurveying county boundaries, see §19-27-13.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 35-37, 40-56, 62.

CJS.

20 C.J.S., Counties §§ 22-47.

§ 19-1-3. Alcorn County.

Alcorn County is bounded by beginning on the boundary line between the States of Mississippi and Tennessee, where the line between ranges four and five, east, intersects the same; thence east with said state line to a point two miles east of the line between ranges eight and nine, east; thence south on section lines to the southeast corner of section five, township four, range nine, east; thence west on section lines to the southwest corner of section two, township four, range five, east; thence north on section lines to the line between townships two and three; thence west on said township line to the southwest corner of township two, range five, east; thence north on the line between ranges four and five, east, to the beginning. The county site is Corinth.

HISTORY: Codes, 1871, § 21; 1880, § 25; 1892, § 349; 1906, § 412; Hemingway’s 1917, § 3826; 1930, § 3889; 1942, § 3024; Laws, Apr. 15, 1870.

§ 19-1-5. Amite County.

Amite County is bounded by beginning on the Homochitto River at the mouth of Foster’s creek; thence up said river, with its meanderings, to the line between townships four and five; thence with said township line east to its intersection with the line between ranges six and seven, east; thence south with said range line to the boundary of Louisiana; thence west on the boundary line to the line between ranges one and two, east; thence north on the range line to Foster’s creek; thence down said creek to the place of beginning. The county site is Liberty.

HISTORY: Codes, 1871, § 22; 1880, § 26; 1892, § 350; 1906, § 413; Hemingway’s 1917, § 3827; 1930, § 3890; 1942, § 3025; Laws, Feb. 24, 1809.

§ 19-1-7. Attala County.

Attala County is bounded by beginning at the point on Big Black River where the line between townships sixteen and seventeen crosses the same; thence east with said township line to the line between ranges nine and ten, east; thence south to the line between townships twelve and thirteen, being the northeast corner of Leake County; thence west with the line between townships twelve and thirteen to the line between ranges five and six, east; thence south with said range line to the center of township twelve, range five, east; thence due west with sectional lines to the Choctaw boundary; thence southerly on said boundary line one mile; thence west on section lines to Big Black River; thence up said river, with its meanderings, to the beginning. The county site is Kosciusko.

HISTORY: Codes, 1857, ch. 2, art 61; 1871, § 23; 1880, § 27; 1892, § 351; 1906, § 414; Hemingway’s 1917, § 3828; 1930, § 3891; 1942, § 3026; Laws, Dec. 23, 1833.

§ 19-1-9. Benton County.

Benton County is bounded by beginning at a point on the boundary between the States of Mississippi and Tennessee where it is intersected by the line between ranges one and two, west; thence south on section lines to the southwest corner of section six, township three, range one, west; thence due east on section lines to the southeast corner of section four, township three, range one, west; thence due south on section lines to the southwest corner of section three, township six, range one, west; thence east to the basis meridian; thence north on said meridian line to the line between townships five and six; thence due east on said township line to the southeast corner of section thirty-three, in township five, range two, east; thence due north on section lines to the southeast corner of section sixteen, in township three, range two, east; thence due east on section lines to the southeast corner of section thirteen, township three, range two, east; thence due north on range line between ranges two and three to the southeast corner of township two, range two, east; thence due east on township lines to the southeast corner of section thirty-one, township two, range three, east; thence due north on section lines to the Tennessee state line; thence due west on said state line to the beginning. The county site is Ashland.

HISTORY: Codes, 1871, § 24; 1880, § 28; 1892, § 352; 1906, § 415; Hemingway’s 1917, § 3829; 1930, § 3892; 1942, § 3027; Laws, July 15, 1870.

§ 19-1-11. Bolivar County.

Bolivar County is bounded by beginning on the Mississippi River, at the center of township twenty-six, north, range seven, west; thence east with said line to the line between ranges four and five, west; thence south on said line to the line between townships twenty and twenty-one; thence west on said township line to the range line between ranges five and six, west; thence south to the township line between townships nineteen and twenty; thence west to the Mississippi River; thence up said river to the beginning. The county sites are Rosedale and Cleveland.

HISTORY: Codes, 1857, ch. 2, art 80; 1871, § 25; 1880, § 29; 1892, § 353; 1906, § 416; Hemingway’s 1917, § 3830; 1930, § 3893; 1942, § 3028; Laws, Feb. 9, 1836.

§ 19-1-13. Calhoun County.

Calhoun County is bounded by beginning at the northwest corner of section three, township eleven, range three, west; thence east on the township line to the northeast corner of township eleven, range one, west; thence south on the range line to the southeast corner of said township; thence east to the northeast corner of township twelve, range one, east; thence south to the northeast corner of township fifteen, range one, east; thence west to the northwest corner of section three, township fifteen, range one, east; thence south to the southeast corner of township twenty-two, range ten, east; thence west eighteen miles to the southwest corner of township twenty-two, range eight, east; thence north to the beginning. The county site is Pittsboro.

HISTORY: Codes, 1871, § 26; 1880, § 30; 1892, § 354; 1906, § 417; Hemingway’s 1917, § 3831; 1930, § 3894; 1942, § 3029; Laws, Mar. 8, 1852.

§ 19-1-15. Carroll County.

Carroll County is bounded by beginning at the middle of the Yalobusha River at the point at which a line drawn from the center of township twenty-one, range two, east, would intersect said river; thence east on section lines to the northwest corner of section twenty-one, township twenty-one, range five, east; thence south to the northwest corner of section twenty-one, township eighteen, range five, east; thence east to the northwest corner of section nineteen, township eighteen, range six, east; thence south one mile to the section line; thence east to the northeast corner of section twenty-seven, township eighteen, range six, east; thence south to the southwest corner of section thirty-five, township seventeen, range six, east; thence west to Big Black River; thence with the middle of said river to the northeast corner of Holmes County; thence with the boundary line of Holmes County to the point at which said line is crossed by the line between sections fourteen and fifteen, township seventeen, range one, east; thence north with said section line to the southwest corner of section fourteen, township eighteen, range one, east; thence east to the range line between ranges one and two, east; thence north to the northwest corner of township eighteen, range two, east; thence east to the southeast corner of section thirty-two, township nineteen, range two, east; thence north to the northeast corner of section seventeen, township twenty, range two, east; thence west by section lines to the middle of the Yalobusha River; thence north with the middle of said river to the beginning. The county sites are Carrollton and Vaiden.

HISTORY: Codes, 1857, ch. 2, art 55; 1871, § 27; 1880, § 31; § 1892, § 355; 1906, § 418; Hemingway’s 1917, § 3832; 1930, § 3895; 1942, § 3030; Laws, Dec. 23, 1833.

§ 19-1-17. Chickasaw County.

Chickasaw County is bounded by beginning at the northwest corner of township twelve, range two, east; thence east to the northeast corner of township twelve, range five, east; thence south on the range line to the northeast corner of township fifteen, range five, east; thence west on the township line to the range line between ranges three and four, east; thence south to the southeast corner of section twenty-four, township fifteen, range three, east; thence west to the northwest corner of section thirty of same township; thence south to the southwest corner of same section; thence west to the northeast corner of section thirty-six, township twenty-two, range ten, east; thence north to the northeast corner of township twenty-two, range ten, east; thence east to the southeast corner of township fourteen, range one, east; thence north to the beginning. The county sites are Houston and Okolona.

HISTORY: Codes, 1857, ch. 2, art 72; 1871, § 28; 1880, § 32; 1892, § 356; 1906, § 419; Hemingway’s 1917, § 3833; 1930, § 3896; 1942, § 3031; Laws, Feb. 9, 1836.

§ 19-1-19. Choctaw County.

Choctaw County is bounded by beginning at the northeast corner of section twelve, township nineteen, range eleven, east; thence west on section lines to a point where said section line crosses Big Black River; thence down said river by the middle of the stream to where it crosses the line between sections fifteen and sixteen, township eighteen, range eight, east; thence south on said section line to the southwest corner of section thirty-four, township seventeen, range eight, east; thence east on the township line between townships sixteen and seventeen to the northeast corner of township sixteen, range nine, east; thence south on the range line between ranges nine and ten to the southwest corner of township fifteen, range ten, east; thence east on the township line between townships fourteen and fifteen to the southeast corner of township fifteen, range ten, east; thence north on the range line between ranges ten and eleven to the northeast corner of said township fifteen, range ten; thence east to the southeast corner of township sixteen, range eleven, east; thence north on the range line to the northeast corner of said township sixteen, range eleven, east; thence east to the southwest corner of Oktibbeha County-southwest corner of township seventeen, range twelve, east; thence north with the boundary line of Oktibbeha county to the beginning. The county site is Ackerman.

HISTORY: Codes, 1857, ch. 2, art 52; 1871, § 29; 1880, § 33; 1892, § 357; 1906, § 420; Hemingway’s 1917, § 3834; 1930, § 3897; 1942, § 3032; Laws, Dec. 23, 1833.

§ 19-1-21. Claiborne County.

Claiborne County is bounded by beginning at the junction of the Little Boguesha with the Mississippi River, nearly opposite to Big Black Island, on the southwestern boundary of Warren County; thence with Little Boguesha to the Big Boguesha; thence with Big Boguesha to the Big Black River; thence up said river, with its meanderings, to the old Choctaw boundary, in township fourteen, range five, east; thence south with said Choctaw boundary line to the township line between townships nine and ten, the same being the northeast corner of Jefferson County; and the boundary line between Claiborne and Jefferson Counties is as follows: beginning on the Mississippi River at a point opposite the lower end of the Petit Gulf hills, running thence a direct course to the most northern point of the tract of land formerly known as “Robert Trimble’s,” on Tabor’s creek of Bayou Pierre; continuing the same course until it shall intersect the South Fork of Bayou Pierre, at Elijah L. Clarke’s wagon ford on said creek; thence up said creek to the township line between townships nine and ten; thence along said township line east to the old Choctaw boundary line; and the western boundary line of Claiborne County is the western boundary of the state between said two points of beginning on the Mississippi River. The county site is Port Gibson.

HISTORY: Codes, 1871, § 30; 1880, § 34; 1892, § 358; 1906, § 421; Hemingway’s 1917, § 3835; 1930, § 3898; 1942, § 3033; Laws, Jan. 27, 1802.

§ 19-1-23. Clarke County.

Clarke County is bounded by beginning on the Choctaw boundary line, where the range line between ranges thirteen and fourteen, east, of the Choctaw meridian extended strikes the same; thence eastwardly with said Choctaw boundary line to the northwest corner of the Hiawanee reserve; thence direct to the northeast corner of said Hiawanee reserve; thence along the said Choctaw boundary line to the Alabama state line; thence nearly due north along said state line to the point where the township line between townships four and five strikes the same; thence west along said township line to the northwest corner of township four, range fourteen, east; thence due south along the range line to the point of beginning. The county site is Quitman.

HISTORY: Codes, 1857, ch. 2, art 49; 1871, § 31; 1880, § 35; 1892, § 359; 1906, § 422; Hemingway’s 1917, § 3836; 1930, § 3899; 1942, § 3034; Laws, Dec. 23, 1833.

§ 19-1-25. Clay County.

Clay County is bounded by beginning at a point where the section line running east from the northeast corner of section twenty-four, township sixteen, range seven, east intersects the Tombigbee River; thence running due west to the northwest corner of section nineteen, township sixteen, range six, east; thence due north to the northeast corner of township fifteen, range five, east; thence west to the northwest corner of township fifteen, range four, east; thence south to the southwest corner of section nineteen in said township and range (township fifteen, range four, east), thence west to the northwest corner of section thirty, township fifteen, range three, east, and running south along the line between ranges two and three, east, to the intersection of said range line with the old Chicasaw boundary line; thence north, 77.03 east, on said line to the northwest corner of fractional section thirty-five, township twenty-one, range twelve, east; thence south on the sectional line to the southwest corner of section twenty-six, township twenty, range twelve, east; thence to the northeast corner of Oktibbeha County; thence south along the boundary of Oktibbeha County to the southwest corner of section eighteen, township nineteen, range sixteen, east; thence east to the southwest corner of section fourteen, township nineteen, range sixteen, east, to Catalpa creek; thence down the meanderings of said creek to its junction with Tibbie creek; thence down the meanderings of Tibbie creek to its junction with the Tombigbee River at the southeast corner of section thirty-five, township seventeen, range seven, east; thence following the meanderings of said river to the beginning. The county site is West Point.

HISTORY: Codes, 1871, § 33; 1880, § 36; 1892, § 360; 1906, § 423; Hemingway’s 1917, § 3837; 1930, § 3900; 1942, § 3035; Laws, May 12, 1871.

§ 19-1-27. Coahoma County.

Coahoma County is bounded by beginning where the Choctaw and Chickasaw boundary intersects the Mississippi River; thence southerly with said boundary line to its intersection with the line between townships twenty-nine and thirty; thence south with the section lines to the northeast corner of section thirty-three, township twenty-eight, range two west; thence west on section lines to the range line between ranges two and three west; thence south on the range line to the southwest corner of township twenty-five, range two west; thence west with the line between townships twenty-four and twenty-five to the southwest corner of township twenty-five, range four west; thence north on the line between ranges four and five west to the northeast corner of section twenty-four, township twenty-six, range five west; thence west on sectional lines to the Mississippi River; thence up said river to the beginning. The county site is Clarksdale.

HISTORY: Codes, 1857, ch. 2, art 79; 1871, § 32; 1880, § 37; 1892, § 361; 1906, § 424; Hemingway’s 1917, § 3838; 1930, § 3901; 1942, § 3036; Laws, Feb. 9, 1836; Laws, 1976, ch. 316, eff from and after passage (approved March 31, 1976).

§ 19-1-29. Copiah County.

Copiah County is bounded by beginning where the line between townships two and three intersects the old Choctaw boundary; thence east on said township line to Pearl River; thence down said river, with its meanderings, to the old Choctaw boundary; thence southwesterly with said boundary line to the line between townships eight and nine; thence west with said township line to the northeast corner of section three, township eight, range eight, east; thence south to the southeast corner of said section; thence west to the southwest corner of section four of said township; thence north to the line between townships eight and nine; thence west to the Choctaw boundary line; thence northerly with said boundary line to the beginning. The county site is Hazlehurst.

HISTORY: Codes, 1857, ch. 2, art 24; 1871, § 34; 1880, § 38; 1892, § 362; 1906, § 425; Hemingway’s 1917, § 3839; 1930, § 3902; 1942, § 3037; Laws, Jan. 21, 1823.

§ 19-1-31. Covington County.

Covington County is bounded as follows: Beginning at the southwest corner of section thirty-five, township six, north, range sixteen west; thence due north along section lines to Bowie creek; thence northwestwardly up the middle or thread of said creek to where the same crosses the line between townships seven and eight; thence due west along said township line to the line between ranges seventeen and eighteen, west; thence due north on said range line to the old Choctaw boundary line; thence north of east with said boundary line to the northeast corner of section thirty-three, township ten, range fourteen, west; thence south on section lines to the township line between townships five and six; thence west with said township line to the beginning. The county site is Collins.

HISTORY: Codes, 1871, § 35; 1880, § 39; 1892, § 363; 1906, § 426; Hemingway’s 1917, § 3840; 1930, § 3903; 1942, § 3038; Laws, Jan. 5, 1819.

§ 19-1-33. De Soto County.

De Soto County is bounded by beginning where the northern boundary of the state intersects the Mississippi River; thence east with said boundary line to the center of range five, west; thence south with the section lines through the center of said range to the southeast corner of section thirty-two, township three, range five, west; thence west on the township line between townships three and four to where said line intersects Coldwater River; thence down, with the meanderings of said river, to where the range line between ranges nine and ten intersects said river; thence north along said range line to the lines between townships two and three, range nine, west; thence west with said township line to the Mississippi River; thence up said river to the beginning. The county site is Hernando.

HISTORY: Codes, 1857, ch. 2, art 75; 1871, § 36; 1880, § 40; 1892, § 364; 1906, § 427; Hemingway’s 1917, § 3841; 1930, § 3904; 1942, § 3039; Laws, Feb. 9, 1836.

§ 19-1-35. Forrest County.

Forrest County is bounded as follows: Beginning at the northeast corner of township five, north, of range twelve, west, of St. Stephen’s meridian, then run south along the line dividing ranges eleven and twelve to the southeast corner of township one, south, of range twelve, west; then run west along the line of Stone County to the southwest corner of township one, south, of range thirteen, west; then run north along the lines of Pearl River and Lamar Counties to the southeast corner of township five, north, of range fourteen, west; then run west along the line of Lamar County to the southwest corner of said last named township; then run north along the line of Lamar County to the northwest corner of said last named township; then run east along the lines of Covington and Jones Counties to the point of beginning. The county site is Hattiesburg.

HISTORY: Codes, Hemingway’s 1917, § 3842; 1930, § 3205; 1942, § 3040; Laws, 1906, ch. 165.

§ 19-1-37. Franklin County.

Franklin County is bounded by beginning at the northwest corner of township seven, range one, east; thence east with the township line to a point one mile east of the range line between ranges five and six, east; thence south on the section line, one mile from said range line, to the township line between townships four and five; thence west with said township line to the Homochitto River; thence down, with the meanderings of said river, to the basis meridian line; thence north on said meridian line to the beginning. The county site is Meadville.

HISTORY: Codes, 1871, § 37; 1880, § 41; 1892, § 365; 1906, § 428; Hemingway’s 1917, § 3844; 1930, § 3906; 1942, 3041; Laws, Dec. 21, 1809.

§ 19-1-39. George County.

George County is bounded as follows, to wit: Beginning at the northwest corner of section six, township one, south, range eight, west; and from thence running south along the line of Perry County to a point dividing township one, south and township two, south; thence running west along said township line to the northwest corner of section three, township two, south, range nine, west; thence south along the lines of Stone County to a point dividing township three, south, and township four, south, and from thence run east along the lines dividing township three, south, and township four, south, to the Mississippi and Alabama state line; thence run north along said state line to the thirty-first parallel of latitude which is the same as a point dividing township one, south, and township one, north; thence run west along said township line back to the place of beginning. The county site is Lucedale.

HISTORY: Codes, Hemingway’s 1917, § 3845; 1930, § 3907; 1942, § 3042; Laws, 1910, ch. 248.

§ 19-1-41. Greene County.

Greene County is bounded by beginning at the northwest corner of township five, north, range eight, west; thence east on the township line to the intersection of the state line with Alabama; thence southerly with said state line to the thirty-first parallel of latitude which is the township line between townships one north and one south; thence west with said township line to the line between ranges eight and nine, west; thence north with said range line to the beginning. The county site is Leakesville.

HISTORY: Codes, 1871, § 38; 1880, § 42; 1892, § 366; 1906, § 429; Hemingway’s 1917, § 3847; 1930, § 3908; 1942, § 3043; Laws, Dec. 9, 1811.

§ 19-1-43. Grenada County.

Grenada County is bounded by beginning at the northwest corner of township twenty-two, range two, east; thence east with the township line to the southwest corner of section thirty-four, in township twenty-three, range three, east; thence north with the section lines to the northwest corner of said section; thence east with the section lines to the line between ranges three and four, east; thence north with said range line to the township line between townships twenty-three and twenty-four; thence east with said township line to the northwest corner of section three, in township twenty-three, range five, east; thence south to the southwest corner of section ten, in the last named township; thence east with the section line to the range line between ranges seven and eight, east; thence south with said range line to the southeast corner of section thirteen, township twenty-one, range seven, east; thence west with the section lines to the southwest corner of section eighteen, township twenty-one, north, range two, east; thence north on the range line, between ranges one and two, east, to the beginning. The county site is Grenada.

HISTORY: Codes, 1871, § 39; 1880, § 43; 1892, § 367; 1906, § 430; Hemingway’s 1917, § 3848; 1930, § 3909; 1942, § 3044; Laws, May 9, 1870.

§ 19-1-45. Hancock County.

Hancock County is bounded as follows: Beginning at the southeast corner of township four, south, range fourteen, west, and thence west to the southeast corner of township four, south, range sixteen, west; thence south on the range line nine miles to the southeast corner of section thirteen, township six, south of range sixteen, west; thence west to the northeast corner of section twenty-one, township six, south, of range sixteen, west; thence south to the southeast corner of said section twenty-one, township six, south, of range sixteen, west; thence west to the northwest corner of section thirty, township six, south, of range sixteen, west; thence south along range line between range sixteen and range seventeen to the southeast corner of section one, township seven, south, of range seventeen, west; thence west to Pearl River; thence down said river by the middle thereof to the most eastern junction of said river with Lake Borgne and thence south to the southern boundary of the state; thence eastwardly with said boundary including all islands within six leagues of the shores of the Gulf of Mexico and Lake Borgne to a point due south of the middle of the entrance of the Bay of St. Louis, thence north to the middle of said entrance; thence northwardly along the middle of the Bay of St. Louis to the range line between ranges thirteen and fourteen, thence north along said range line to the point of beginning. The county site is Bay St. Louis.

HISTORY: Codes, 1871, § 40; 1880, § 44; 1892, § 368; 1906, § 431; Hemingway’s 1917, § 3849; 1930, § 3910; 1942, § 3045; Laws, Dec. 14, 1812.

§ 19-1-47. Harrison County.

Harrison County is bounded by beginning at the southeast corner of section twenty-one, township four, south, range nine, west; thence due south through the middle of said range nine to the middle of the Bay of Biloxi; thence along the middle of said Bay of Biloxi to its entrance at the east end of Deer Island; thence due south to the southern boundary of the State of Mississippi on the Gulf of Mexico; thence westwardly along said boundary to a point from which a line due north strikes the middle of the Bay of St. Louis; including all the islands within six leagues of the shore of the Gulf of Mexico; thence due north to the entrance of said bay; thence along the middle of said Bay of St. Louis northwardly to a point from whence the point at which the line between ranges fourteen and thirteen comes to said bay bears due north; thence due north to the southwest corner of section thirty-one, township four, south, range thirteen, west; thence east to the southeast corner of section thirty-six, township four, south, range thirteen, west; thence north to the northeast corner of section twenty-five, township four, south range thirteen, west, thence east to the point of beginning. The county sites are Gulfport and Biloxi.

HISTORY: Codes, 1857, ch. 2, art 88; 1871, § 41; 1880, § 45; 1892, § 369; 1906, § 432; Hemingway’s 1917, § 3851; 1930, § 3911; 1942, § 3046; Laws, Feb. 5, 1841.

§ 19-1-49. Hinds County.

Hinds County is bounded by beginning at a point on Big Black River where the line between ranges two and three, west, intersects said river; thence south on said range line to the lines between townships seven and eight; thence east on said township line to the Choctaw basis meridian; thence south on said meridian line to the line between townships six and seven; thence east on said township line to Pearl River; thence down said river, with its meanderings, to the line between townships two and three; thence west with said township line to the old Choctaw boundary line; thence north on said Choctaw boundary line to Big Black River; thence up said river, with the meanderings thereof, to the beginning. The county sites are Jackson and Raymond.

HISTORY: Codes, 1857, ch. 2, art 19; 1871, § 42; 1880, § 46; 1892, § 370; 1906, § 433; Hemingway’s 1917, § 3852; 1930, § 3912; 1942, § 3047; Laws, Feb. 12, 1821.

§ 19-1-51. Holmes County.

Holmes County is bounded by beginning in the Yazoo River where it is intersected by the township line between townships seventeen and eighteen, range one, west; thence running southeasterly by the “Gum Corners” to Big Black River, in township sixteen, range five, east; thence down said river, with its meanderings, to Boles’ ferry, in section twenty-two, township twelve, range three, east; thence northwesterly in a direct line to where the township line between townships thirteen and fourteen crosses the Yazoo River; thence in a northwestwardly direction with the meanders of Yazoo River and along its center line to its intersection with the center line of Tchula Lake; thence with the meanderings of Tchula Lake and along its center line to its intersection with the line between sections nineteen and twenty, township fifteen, north, range one, west; thence north along the section lines to the center line of the Yazoo River; thence up said river to the beginning. The county site is Lexington.

HISTORY: Codes, 1857, ch. 2, art 45; 1871, § 43; 1880, § 47; 1892, § 371; 1906, § 434; Hemingway’s 1917, § 3853; 1930, § 3913; 1942, § 3048; Laws, Feb. 19, 1823.

§ 19-1-53. Humphreys County.

Humphreys County is bounded as follows: Beginning at the intersection of the center line of Sunflower River with the township line between townships sixteen and seventeen; thence in a southerly direction with the meanders of Sunflower River and along its center line to its intersection with the township line between townships fourteen and fifteen; thence east along said line to the northeast corner of township fourteen, north, range five, west; thence south along the east boundary lines of township fourteen, north, range five, west and township thirteen, north, range five, west, to the southwest corner of township thirteen, north, range four, west; thence east along the south boundary line of township thirteen, north, range four, west, and township thirteen, north, range three, west to the southeast corner of township thirteen, north, range three, west; thence north along the east line of said township thirteen, north, range three, west, to the northeast corner of the same; thence east along the south line of township fourteen, north, range two, west, to the southwest corner of section thirty-six, township fourteen, north, range two, west; thence north along the line between sections thirty-five and thirty-six, township fourteen, north, range two, west, to the center line of the Yazoo River; thence in a northwesterly direction with the meanders of the Yazoo River and along its center line to its intersection with the center line of Tchula Lake; thence with the meanders of Tchula Lake and along its center line to its intersection with the line between sections nineteen and twenty, township fifteen, north, range one, west; thence north along the section lines to the center line of the Yazoo River; thence in a southwesterly direction with the meanders of the Yazoo River and along its center line to the Choctaw boundary line; thence in a northwestly direction along the Choctaw boundary line to its intersection with the east line of township sixteen, north, range three, west; thence north along said township line and along the east line of township seventeen, north, range three, west, to the northeast corner of section thirteen, township seventeen, north, range three, west; thence west along the section lines to the northwest corner of section eighteen, township seventeen, north, range three, west; thence south along the west boundary line of township seventeen, north, range three, west to the township line between townships sixteen and seventeen; thence west along said boundary line to the point of beginning. Said description above embraces portions of Washington, Yazoo, Holmes, Sharkey and Sunflower Counties. The county site is Belzoni.

HISTORY: Codes, Hemingway’s 1921 Supp § 3853a; 1930, § 3914; 1942, § 3049; Laws, 1918, ch. 348.

§ 19-1-55. Issaquena County.

Issaquena County is bounded by beginning at the northwest corner of section three, township thirteen, range seven, west; thence along the township line between townships thirteen and fourteen, west, to the western boundary of the state; thence southerly along the western boundary of the state to the northwest corner of Warren County; thence east along said county line to the southwest corner of township nine, range seven, west; thence south along the range line between ranges two and three to the Yazoo River; thence along the Yazoo River to the range line between ranges three and four, east; thence north along said range line to the southwest corner of township nine, range six, west; thence east along the boundary of Warren County to Big Sunflower River; thence up said river to the southern boundary of township ten, range five, west; thence west along the township line between townships nine and ten to the northwest corner of township nine, range seven, west; thence along the western boundary of Sharkey County to the beginning. The county site is Mayersville.

HISTORY: Codes, 1871, § 44; 1880, § 48; 1892, § 372; 1906, § 435; Hemingway’s 1917, § 3854; 1930, § 3915; 1942, § 3050; Laws, Jan. 23, 1844.

§ 19-1-57. Itawamba County.

Itawamba County is bounded by beginning at the southwest corner of section fourteen, township seven, range seven, east; thence east by section lines to the boundary line between the States of Mississippi and Alabama; thence southerly on said state boundary to a point one mile north of the line between townships eleven and twelve; thence west by section lines to the southwest corner of section twenty-six, township eleven, range seven, east; thence north by section lines to the point of beginning. The county site is Fulton.

HISTORY: Codes, 1857, ch. 2 art 69; 1871, § 45; 1880, § 49; 1892, § 373; 1906, § 436; Hemingway’s 1917, § 3855; 1930, § 3916; 1942, § 3051; Laws, Feb. 9, 1836.

§ 19-1-59. Jackson County.

Jackson County is bounded by beginning at the northwest corner of section three, township four, south, range nine west; thence due south through the middle of said range nine to middle of the Bay of Biloxi, thence along the middle of said Bay of Biloxi to its entrance at the east end of Deer Island; thence due south to the southern boundary of the State of Mississippi on the Gulf of Mexico; thence eastwardly along said boundary, including all the islands within six leagues of the shore of the Gulf of Mexico, to the boundary lines between the States of Alabama and Mississippi, thence northwardly along the said boundary line to the point where the township line between townships three and four, south, intersect said state boundary line; thence west along said township line between townships three and four, south, to the point of beginning. The county site is Pascagoula.

HISTORY: Codes, 1871, § 46; 1880, § 50; 1892, § 374; 1906, § 437; Hemingway’s 1917, § 3856; 1930, § 3917; 1942, § 3052; Laws, Dec. 14, 1812.

§ 19-1-61. Jasper County.

Jasper County is bounded by beginning at the northwest corner of township four, range ten, east; thence east on the line between townships four and five, north, to the line between ranges thirteen and fourteen, east; thence south on said range line to the Choctaw boundary line; thence westerly on said boundary line to the line between ranges nine and ten, east; thence north on said range line to the beginning. The county sites are Paulding and Bay Springs.

HISTORY: Codes, 1857, ch. 2, art 56; 1871, § 47; 1880, § 51; 1892, § 375; 1906, § 438; Hemingway’s 1917, § 3857; 1930, § 3918; 1942, § 3053; Laws, Dec. 3, 1823.

§ 19-1-63. Jefferson County.

Jefferson County is bounded by beginning on the Mississippi River at the southwestern corner of Claiborne County, and thence along the southern boundary of Claiborne County to the Choctaw boundary line; thence south with said boundary to where it crosses the line between townships seven and eight; thence west on said township line to the basis meridian of the Washington district; thence north on said meridian line to the northeast corner of Adams County, at a point due east from the point being the northeast corner of where Edmond Andrews’ cotton gin once was; thence due west to such point; thence westerly in a direct line to what was known and called “George Selser’s Spring,” on the south branch of Fairchild’s creek; thence down such south branch to Strover’s mound, so-called; thence westerly in a direct line to the upper side of Rose’s old settlement, on the Mississippi River; thence up said river to the beginning. The county site is Fayette.

HISTORY: Codes, 1871, § 48; 1880, § 52; 1892, § 376; 1906, § 439; Hemingway’s 1917, § 3858; 1930, § 3919; 1942, § 3054; Laws, Jan. 11, 1802.

§ 19-1-65. Jefferson Davis County.

Jefferson Davis County is bounded as follows: Beginning at the southeast corner of section thirty-four, township six, north, of range sixteen; thence due north along section line to Bowie creek; thence northwestwardly up the middle or thread of said creek to where the same crosses the line between townships seven and eight; thence due west along said township line to the line between ranges seventeen and eighteen, west; thence due north along said range line to the old Choctaw boundary line; thence westwardly along the old Choctaw boundary line to a point where the same is intersected by the line between sections eleven and twelve, in township nine, north, of range twenty, west; thence due south along section lines to the line between townships six and seven, range twenty, west; thence due east along said township line one mile to the range line between ranges nineteen and twenty, west; thence due south to the southwest corner of section eighteen, township five, north, range nineteen, west; thence east to the southwest corner of section sixteen, township five, north, range eighteen, west; thence north to the township line between townships five and six, north, and thence east to the point of beginning. The county site is Prentiss.

HISTORY: Codes, Hemingway’s 1917, § 3859; 1930, § 3920; 1942, § 3055; Laws, 1906, ch. 166.

§ 19-1-67. Jones County.

Jones County is bounded by beginning at the point where the Choctaw boundary line crosses the center of range fourteen, west; thence easterly on said Choctaw boundary line to the line between ranges nine and ten, west; thence south with said range line to the township line between townships five and six; thence west with said township line to the center of range fourteen, west; thence north with the section lines, in the center of said range, to the beginning. The county sites are Ellisville and Laurel.

HISTORY: Codes, 1857, ch. 2, art 31; 1871, § 49; 1880, § 53; 1892, § 377; 1906, § 440; Hemingway’s 1917, § 3860; 1930, § 3921; 1942, § 3056; Laws, Jan. 24, 1826.

§ 19-1-69. Kemper County.

Kemper County is bounded by beginning at the northwest corner of township twelve, range fourteen, east; thence east between townships twelve and thirteen to the boundary line with the State of Alabama; thence southerly on said boundary line to the line between townships eight and nine, north; thence west with said township line to the line between ranges thirteen and fourteen, east; thence north on said range line to the beginning. The county site is DeKalb.

HISTORY: Codes, 1857, ch. 2, art 47; 1871, § 50; 1880, § 54; 1892, § 378; 1906, § 441; Hemingway’s 1917, § 3861; 1930, § 3922; 1942, § 3057; Laws, Dec. 23, 1823.

§ 19-1-71. Lafayette County.

Lafayette County is bounded by beginning at the center of township six, range five, west; thence east on the section line to Little Spring creek; thence southeasterly down said creek to its intersection with the Tallahatchie River; thence up said river to the basis meridian of the Chickasaw survey; thence south on the said meridian line to the line between townships ten and eleven; thence west on said township line to the southwest corner of section thirty-four, township ten, range three, west; thence north to the southwest corner of section twenty-two, township ten, range three, west; thence west to the southwest corner of section twenty-two, township ten, range five, west; thence north to the beginning. The county site is Oxford.

HISTORY: Codes, 1857, ch. 2, art 74; 1871, § 51; 1880, § 55; 1892, § 379; 1906, § 442; Hemingway’s 1917, § 3862; 1930, § 3923; 1942, § 3058; Laws, Feb. 9, 1836.

§ 19-1-73. Lamar County.

Lamar County is bounded and described as commencing at the northwest corner of township five, north, range sixteen west; thence running south along the range line between ranges sixteen and seventeen to the thirty-first parallel of latitude, said point being the southwest corner of township one, north, range sixteen, west; thence east along the said thirty-first parallel of latitude to the southeast corner of township one, north, range sixteen, west; thence north one mile to the north boundary line of Pearl River county as it existed prior to the adoption of the Code of 1930; thence east, parallel with said thirty-first parallel of latitude, to the section line between sections twenty-seven and twenty-eight, township one, north, range fifteen, west; thence south to the thirty-first parallel of latitude; thence east to the northeast corner of section three, township one, south, range fifteen, west; thence south to the southeast corner of section three, township one, south, range fifteen, west; thence east along section lines to the section corner common to sections five, six, seven, and eight in township one, south, range fourteen, west; thence north to the said thirty-first parallel of latitude; thence east to the center or half-section line of section thirty-two of township one, north, range fourteen, west; thence north on half-section line of section thirty-two, township one, north, range fourteen, west, to the south line of section twenty-nine; thence east along section lines to the range line between ranges thirteen and fourteen, west; thence north along said range line to the northeast corner of township four, north, range fourteen, west; thence west to the northwest corner of said last mentioned township; thence north along the range line between ranges fourteen and fifteen to the northeast corner of township five, north, range fifteen, west; thence west twelve miles to the point of beginning. The county site is Purvis.

HISTORY: Codes, 1906, § 443; Hemingway’s 1917, § 3863; 1930, § 3924; 1942, § 3059; Laws, Mar. 10, 1904; Laws, 1934, ch. 238.

§ 19-1-75. Lauderdale County.

Lauderdale County is bounded by beginning at the northwest corner of township eight, range fourteen, east; thence east on the said township line to the state boundary with the State of Alabama; thence southerly with the said boundary line to the line between townships four and five, north; thence west with said township line to the line between ranges thirteen and fourteen, east; thence north on said range line to the beginning. The county site is Meridian.

HISTORY: Codes, 1857, ch. 2, art 48; 1871, § 52; 1880, § 56; 1892, § 380; 1906, § 444; Hemingway’s 1917, § 3864; 1930, § 3925; 1942, § 3060; Laws, Dec. 23, 1823.

§ 19-1-77. Lawrence County.

Lawrence County is bounded as beginning at the southwest corner of township five, north, range ten, east, thence east along the line separating townships four and five to the northeast corner of section five, township four, north, range eleven, east; thence south with the east boundary line of section five to the northeast corner of the southeast quarter of said section five; thence east along the half section line of section four to the northeast corner of the southeast quarter of said section four; thence south with the east boundary of section four to the southeast corner of said section four; thence east along the south boundary line of section three to the southeast corner of the southwest quarter of said section three; thence south along the half section line of section ten to the center of section ten; thence east along the half section line of sections ten, eleven and twelve to the southeast corner of the southwest quarter of the northwest quarter of said section twelve, township four, north, range eleven, east; thence north along the east boundary of the southwest quarter of the northwest quarter of section twelve to the northeast corner of the southwest quarter of the northwest quarter of said section; thence east along the south boundary line of the northeast quarter of the northwest quarter of section twelve to the southeast corner of the northeast quarter of the northwest quarter of section twelve; thence north along the half section line of section twelve to the northeast corner of the northwest quarter of section twelve; thence east along the north boundary line of section twelve to the northeast corner of said section twelve and until it intersects the line between ranges eleven and twelve, east; thence north along the said range line to the southwest corner of section eighteen, township five, north, range twelve east; thence east with the section lines to the Pearl River; thence up said river with its meanderings to where the the line between sections thirteen and twenty-four in township five, north range twenty, west, intersects said river; thence east to the range line between ranges nineteen and twenty, west; thence north along said range line to the township line between townships six and seven; thence west along the township line between township six and seven one mile to the southwest corner of section thirty-six in township seven, range twenty, west; thence north along section lines to the Old Choctaw boundary line; thence westwardly along the Old Choctaw boundary line to the point where the same is intersected by the range line between ranges nine and ten, east; thence south on said range line to the place of beginning. The county site is Monticello.

HISTORY: Codes, 1871, § 53; 1880, § 57; 1892, § 381; 1906, § 445; Hemingway’s 1917, § 3865; 1930, § 3926; 1942, § 3061; Laws, Dec. 22, 1814; Laws, 1908, ch. 153.

§ 19-1-79. Leake County.

Leake County is bounded by beginning at the northwest corner of township twelve, range six, east; thence east on the line between townships twelve and thirteen to the range line between ranges nine and ten, east; thence south on said range line to the township line between townships eight and nine; thence west on said line to the range line between ranges five and six, east; thence north on said range line to the beginning. The county site is Carthage.

HISTORY: Codes, 1857, ch. 2, art 60; 1871, § 54; 1880, § 58; 1892, § 382; 1906, § 446; Hemingway’s 1917, § 3866; 1930, § 3927; 1942, § 3062; Laws, Dec. 23, 1833.

§ 19-1-81. Lee County.

Lee County is bounded by beginning at the southwest corner of section seven, township eight, range five, east; thence east with the section line to the southeast corner of section eight, in the same township; thence north on the section lines to the southeast corner of section five, township seven, range five, east; thence east to the southwest corner of section one, in the same township; thence north to the northwest corner of the same section; thence east on the township line to the northeast corner of section three, township seven, range seven, east; thence south on section lines to the northeast corner of section thirty-four, township eleven, range seven, east; thence west on section lines to the line between ranges five and six, east; thence south on said range line to the line between townships eleven and twelve; thence west on said township line to the southeast corner of section thirty-six, township eleven, range four, east; thence north on range line between four and five to the northeast corner of section twenty-five, township eight, range four, east; thence north on range line between four and five to the point of beginning. The county site is Tupelo.

HISTORY: Codes, 1871, § 55; 1880, § 59; 1892, § 383; 1906, § 447; Hemingway’s 1917, § 3867; 1930, § 3928; 1942, § 3063; Laws, Oct. 26, 1866; Laws, 1908, ch. 154.

§ 19-1-83. Leflore County.

Leflore County is bounded by beginning at the southwest corner of township seventeen, range two west; thence south along the western boundary line of section seven, township sixteen, range two west, to the Choctaw boundary line; thence southeasterly along said Choctaw boundary line to the Yazoo River; thence up said river to the northwest corner of Holmes County; thence southeast along the line of Holmes County to the point at which said line is crossed by the lines between sections fourteen and fifteen, township seventeen, range one, east; thence north with section line to the southwest corner of section fourteen, township eighteen, range one, east; thence east to range line between ranges one and two, east; thence north on said line to the northwest corner of township eighteen, range two, east; thence east to the southeast corner of section thirty-two, township nineteen, range two, east; thence north to the northeast corner of section seventeen, township twenty, range two, east; thence west by section lines to the middle of the Yalobusha River; thence with its meanderings to the Grenada County line; thence west along the said line to the southwest corner of Grenada County; thence north on the Grenada County line to the southern boundary of township twenty-two; thence west along said line to the west bank of the Tallahatchie River; thence up said river to the point at which it is crossed by the northern boundary of township twenty-two; thence west on said line to the southwest corner of Tallahatchie County; thence south on the range line between ranges two and three, west, to the beginning. The county site is Greenwood.

HISTORY: Codes, 1871, § 57; 1880, § 60; 1892, § 384; 1906, § 448; Hemingway’s 1917; § 3868; 1930, § 3929; 1942, § 3064; Laws, Mar. 15, 1871; Laws, 1940, ch. 322.

§ 19-1-85. Lincoln County.

Lincoln County is bounded by beginning at a point on the old Choctaw boundary line where the line between townships eight and nine intersects the same; thence east on said township line to the northwest corner of section four, township eight, range eight, east; thence south to the southwest corner of said section; thence east to the southeast corner of section three in the same township; thence north to the line between said townships eight and nine; thence east on said township line to the Choctaw boundary; thence northeast to the line between ranges nine and ten, east; thence south with said range line to the line between townships four and five, north; thence west with said township line to a point one mile east of the line between ranges five and six, east; thence north on section lines to the township line between townships seven and eight; thence west to the Choctaw boundary line where the line between townships seven and eight intersects the same; thence north with the Choctaw boundary line to the beginning. The county site is Brookhaven.

HISTORY: Codes, 1871, § 57; 1880, § 61; 1892, § 385; 1906, § 449; Hemingway’s 1917, § 3869; 1930, § 3930; 1942, § 3065; Laws, Apr. 7, 1870.

§ 19-1-87. Lowndes County.

Lowndes County is bounded by beginning at the southwest corner of section eighteen, township nineteen, range sixteen, east; thence east to the southwest corner of section fourteen, township nineteen, range sixteen, east; to Catalpa creek; thence down its meanderings to its junction with Tibbee creek; thence with Tibbee creek to its junction with the Tombigbee River; thence with it, and by the middle thereof, to the mouth of Buttahatchie River; thence up said river with its meanderings to a point immediately west of Robinson’s bluff, which point is where the middle line (east and west) of the north half of south half of section 21, township 15, range 17 west intersects with the center line of said Buttahatchie River, thence due east to Robinson’s bluff, and continuing east along the subdivision line named across sections 21, 22, 23, and 24, township 15, range 17 west, and across section 19, township 15, range 16 west to Mississippi and Alabama State line; thence southerly with said line to the line between townships sixteen and seventeen, north; thence west on said township line to the southwest corner of township seventeen, range sixteen, east; thence north on the line between ranges fifteen and sixteen to the beginning. The county site is Columbus.

HISTORY: Codes, 1857, ch. 2, art 41; 1871, § 58; 1880, § 62; 1892, § 386; 1906, § 450; Hemingway’s 1917, § 3870; 1930, § 3931; 1942, § 3066; Laws, Jan. 30, 1830; Laws, 1944, ch. 409.

§ 19-1-89. Madison County.

Madison County is bounded by beginning at a point on Big Black River, where the same crosses the center line in township twelve, range three, east; thence east to the old Choctaw boundary line; thence north on said boundary line to the center line of township twelve, range five, east; thence through the center of said township twelve, range five, east, to the range line between townships five and six, east; thence south on said range line to Pearl River; thence down said river, with its meanderings, to the line between townships six and seven, north; thence west on said township line to the basis meridian of the Choctaw survey; thence north on said meridian line to the line between townships seven and eight, north; thence west on said township line to the line between ranges two and three, west; thence north on said range line to Big Black River; thence up said river, with its meanderings, to the beginning. The county site is Canton.

HISTORY: Codes, 1871, § 59; 1880, § 63; 1892, § 387; 1906, § 451; Hemingway’s 1917, § 3871; 1930, § 3932; 1942, § 3067; Laws, Jan. 29, 1828.

§ 19-1-91. Marion County.

Marion County is bounded by beginning on the line between ranges eleven and twelve east at the southwest corner of section eighteen, township five, north, range twelve, east; thence east along the section lines to Pearl River, thence up said river with its meanderings to where the line between sections thirteen and twenty-four in township five, north, range twenty, west, intersects said river; thence east with section lines to the southeast corner of section seventeen, township five, north, range eighteen, west; thence north with section lines to the northeast corner of section five, township five, north, range eighteen, west; thence east with township lines to the range line between ranges sixteen and seventeen, west; thence south on the range line to where it intersects the thirty-first parallel of latitude; thence west along said thirty-first parallel to the range line between ranges thirteen and fourteen, east; thence north along said range line to the northeast corner of section twelve, township one, north, range thirteen, east; thence west along north section lines of sections twelve, eleven, ten, nine and eight to the northwest corner of section eight, township one, north, range thirteen, east; thence north to the southwest corner of section thirty-two, township two, north, range thirteen, east; thence west along township line one-half mile to the southwest corner of the southeast quarter of section thirty-one, township two, north, range thirteen, east; thence north one and one-half miles to the center of section thirty, township two, north, range thirteen, east; thence west one-half mile to the range line between ranges twelve and thirteen, east; thence north on the said range line one and one-half miles to the southeast corner of section thirteen, township two, north, range twelve, east; thence west along the south boundary lines of sections thirteen, fourteen, fifteen and sixteen to the southwest corner of section sixteen, township two, north, range twelve, east; thence north along section lines to township line between townships two and three, north, range twelve, east, this point being at the southwest corner of section thirty-three, township three, north, range twelve, east; thence west one and one-half miles along the township line to the southwest corner of the southeast quarter of section thirty-one, township three, north, range twelve, east; and thence north along the half section line dividing sections thirty-one, thirty, nineteen and eighteen to the northwest corner of the northeast quarter of section eighteen, township three, north, range twelve, east; thence west one-half mile to the range line between ranges eleven and twelve, east, this point being at the southwest corner of section seven, township three, north, range twelve, east; thence north along the range line between ranges eleven and twelve eleven miles to the point of beginning. The county site is Columbia.

HISTORY: Codes, 1871, § 60; 1880, § 64; 1892, § 388; 1906, § 452; Hemingway’s 1917, § 3872; 1930, § 3933; 1942, § 3068; Laws, Dec. 9, 1811.

§ 19-1-93. Marshall County.

Marshall County is bounded by beginning on the line between the States of Mississippi and Tennessee at the center of range five, west; thence east on said state line to the line between ranges one and two, west; thence south on said line to the southwest corner of section six, township three, range one, west; thence east on section lines to the southeast corner of section four, township three, range one, west; thence due south on section lines to the southwest corner of section three, township six, range one, west; thence east to the basis meridian; thence south by said meridian to the Tallahatchie River; thence down said river, with its meanderings, to the mouth of Little Spring Creek; thence up said creek to the center of township six; thence west by section lines to the line between ranges four and five, west; thence north to the line between townships four and five; thence west to the center of range five, west; thence due north to the beginning. The county site is Holly Springs.

HISTORY: Codes, 1857, ch. 2, art 73; 1871, § 61; 1880, § 65; 1892, § 389; 1906, § 453; Hemingway’s 1917, § 3873; 1930, § 3934; 1942, § 3069; Laws, Feb. 9, 1836.

§ 19-1-95. Monroe County.

Monroe County is bounded by beginning on the range line between ranges five and six, east, one mile north of the township line between townships eleven and twelve, south; thence east by section lines to the line between the states of Mississippi and Alabama; thence southerly on said state line to a point due east from Robinson’s bluff, on the Buttahatchie River; which is the point where the middle line (east and west) of the north half of south half of section 21, township 15, range 17 west intersects with the center line of said Buttahatchie River immediately west of said Robinson’s bluff, thence due west from said point on said Mississippi and Alabama State line continuing along the subdivision line named through section 19, township 15, range 16 west and sections 24, 23, 22 and 21, township 15, range 17 west to where said subdivision line intersects the center line of Buttahatchie River; thence down said river, with its meanderings, to the Tombigbee River; thence up said river to the point where the section line running east from the northwest corner of section twenty-four, township sixteen, range seven, east, intersects said river; thence west to the line between ranges five and six, east; thence north on said range line to the beginning. The county site is Aberdeen.

HISTORY: Codes, 1857, ch. 2, art 78; 1871, § 62; 1880, § 66; 1892, § 390; 1906, § 454; Hemingway’s 1917, § 3874; 1930, § 3935; 1942, § 3070; Laws, Feb. 9, 1821; Laws, 1944, ch. 412.

§ 19-1-97. Montgomery County.

Montgomery County is bounded by beginning on the southern boundary of Grenada County where it crosses the northwest corner of section twenty-one, township twenty-one, range five, east; thence south along section lines to the northwest corner of section twenty-one, township eighteen, range five, east; thence along section lines to the range line between ranges five and six, east; thence south one mile; thence east to the northeast corner of section twenty-seven, township eighteen, range six, east; thence south to the southwest corner of section thirty-five, township seventeen, range six, east; thence west to the Big Black River, and along it, by its meanderings, to the point at which the line between townships sixteen and seventeen crosses said river, thence east on the line of Attala County to the southeast corner of section thirty-three, township seventeen, range eight, east; thence north on section lines to where Big Black River crosses the line between sections fifteen and sixteen, township eighteen, range eight, east; thence up said river to where the township line between townships eighteen and nineteen crosses it; thence west to the northwest corner of township eighteen, range eight, east; thence north to Grenada County; thence to the beginning. The county site is Winona.

HISTORY: Codes, 1871, § 63; 1880, § 67; 1892, § 391; 1906, § 455; Hemingway’s 1917, § 3875; 1930, § 3936; 1942, § 3071; Laws, May 13, 1871.

§ 19-1-99. Neshoba County.

Neshoba County is bounded by beginning at the northwest corner of township twelve, range ten, east; thence east on the township line to the southeast corner of township thirteen, range twelve, east; thence south with range line to the northwest corner of township twelve, range thirteen, east; thence east with the township line to the northeast corner of section four, township twelve, range thirteen, east; thence south on the line between sections three and four, one-half mile; thence east to the line between sections one and two, township twelve, range thirteen, east; thence north to the northeast corner of section two, township twelve, range thirteen, east; thence east on the township line to the range line between ranges thirteen and fourteen, east; thence south on said range line to the line between townships eight and nine, north; thence west on said township line to the line between ranges nine and ten, east; thence north on said range line to the beginning. The county site is Philadelphia.

HISTORY: Codes, 1857, ch. 2, art 86; 1871, § 64; 1880, § 68; 1892, § 392; 1906, § 456; Hemingway’s 1917, § 3876; 1930, § 3937; 1942, § 3072; Laws, Dec. 23, 1833.

§ 19-1-101. Newton County.

Newton County is bounded by beginning at the northwest corner of township eight, north, range ten, east; thence east on the township line to the line between ranges thirteen and fourteen, east; thence south on said range line to the line between townships four and five, north; thence west on said township line to the line between ranges nine and ten, east; thence north on said range line to the beginning. The county site is Decatur.

HISTORY: Codes, 1857, ch. 2, art 82; 1871, § 65; 1880, § 69; 1892, § 393; 1906, § 457; Hemingway’s 1917, § 3877; 1930, § 3938; 1942, § 3073; Laws, Feb. 23, 1836.

§ 19-1-103. Noxubee County.

Noxubee County is bounded by beginning at the northwest corner of township sixteen, range fifteen, east; thence east on the township line to the boundary line between the States of Mississippi and Alabama; thence southerly with said boundary line to the line between townships twelve and thirteen, north; thence west with said township line to the line between ranges fourteen and fifteen, east; thence north on said range line to the beginning. The county site is Macon.

HISTORY: Codes, 1857, ch. 2, art 46; 1871, § 66; 1880, § 70; 1892, § 394; 1906, § 458; Hemingway’s 1917, § 3878; 1930, § 3939; 1942, § 3074; Laws, Dec. 23, 1833.

§ 19-1-105. Oktibbeha County.

Oktibbeha County is bounded by beginning on the range line between ranges eleven and twelve, east, at the southwest corner of section thirty, township twenty, range twelve, east; thence east to the range line between ranges fifteen and sixteen, east; thence south on said range line to the line between townships sixteen and seventeen, north; thence west on said township line to the southwest corner of township seventeen, range twelve, east; thence north on the line between ranges eleven and twelve, east, to the beginning. The county site is Starkville.

HISTORY: Codes, 1857, ch. 2, art 50; 1871, § 67; 1880, § 71; 1892, § 395; 1906, § 459; Hemingway’s 1917, § 3879; 1930, § 3940; 1942, § 3075; Laws, Dec. 23, 1833.

§ 19-1-107. Panola County.

Panola County is bounded by beginning on the line between ranges nine and ten, west, at the center of township six; thence east on section lines to the center of township six, range five, west; thence south with sectional lines through the center of said range to the line between townships ten and eleven, south; thence west on said township line to the northeast corner of township twenty-six, range one, east; thence north to the line between the Chickasaw and Choctaw cessions; thence along said line to the west boundary of township nine, range nine, west; thence north to the beginning. The county sites are Sardis and Batesville.

HISTORY: Codes, 1857, ch. 2, art 76; 1871, § 68; 1880, § 72; 1892, § 396; 1906, § 460; Hemingway’s 1917, § 3880; 1930, § 3941; 1942, § 3076; Laws, Feb. 8, 1936.

§ 19-1-109. Pearl River County.

Pearl River County is bounded by beginning at a point on the state line in Pearl River where the thirty-first parallel of latitude crosses said river and running east along said parallel to the southeast corner of township one, north, range sixteen, west; thence north one mile to the line which was the north boundary line of Pearl River County prior to the adoption of the Code of 1930; thence east, parallel with the thirty-first degree of latitude, to the section line between twenty-seven and twenty-eight, township one, north, range fifteen, west; thence south to the said thirty-first parallel of latitude; thence east to the northeast corner of section three, township one, south, range fifteen, west; thence south to the southeast corner of section three, township one, south, range fifteen, west; thence east along section lines to the section corner common to sections five, six, seven, and eight in township one, south, range fourteen, west; thence north to said thirty-first parallel of latitude; thence east one-half mile to the center of section thirty-two of township one, north, range fourteen, west; thence north on half-section line of said section thirty-two to the south line of section twenty-nine; thence east along section lines to the range line between ranges thirteen and fourteen, west; thence south to the said thirty-first parallel of latitude, which point is the southeast corner of section thirty-six, township one, north, range fourteen, west; thence east along the said thirty-first parallel of latitude to the northeast corner of section one, township one, south, range fourteen, west; thence south on the range line to the southeast corner of township four, south, range fourteen, west; thence west to the southeast corner of township four, south, range sixteen, west; thence south on the range line nine miles to the southeast corner of section thirteen, township six, south, range sixteen, west; thence west to the northeast corner of section twenty-one, township six, south, range sixteen, west; thence south to the southeast corner of said section twenty-one, township six, south, range sixteen, west; thence west to the northwest corner of section thirty, township six, south, range sixteen, west; thence along range line between ranges sixteen and seventeen to the southeast corner of section one, township seven, south, range seventeen, west; thence west to Pearl River; thence north along the middle of said river to the point of beginning. The county site is Poplarville.

HISTORY: Codes, 1892, § 397; 1906, § 461; Hemingway’s 1917, § 3881; 1930, § 3942; 1942, § 3077; Laws, Feb. 22, 1890; Laws, 1934, ch. 238.

§ 19-1-111. Perry County.

Perry County is bounded by beginning at the northwest corner of township five, range eleven, west; thence east on the township line to the line between ranges eight and nine, west; thence south on said range line to the line between townships one and two, south; thence west on said township line to the line between ranges eleven and twelve, west; thence north on said range line to the beginning. The county site is New Augusta.

HISTORY: Codes, 1871, § 69; 1880, § 73; 1892, § 398; 1906, § 462; Hemingway’s 1917, § 3882; 1930, § 3943; 1942, § 3078; Laws, Feb. 3, 1820.

§ 19-1-113. Pike County.

Pike County is bounded by beginning at the northwest corner of township four, north, range seven, east; thence east on the township line to the northeast corner of section two, township four, north, range nine, east; thence due south along the east line of sections two, eleven, fourteen, twenty-three, twenty-six and thirty-five of townships four, three, two and one respectively to the thirty-first parallel of latitude, being the line between the States of Louisiana and Mississippi; thence west along the said thirty-first degree, being the boundary line between the states aforesaid, to the range line between ranges six and seven, east; thence north along said range line to the point of beginning. The county site is Magnolia.

HISTORY: Codes, 1871, § 70; 1880, § 74; 1892, § 399; 1906, § 463; Hemingway’s 1917, § 3883; 1930, § 3944; 1942, § 3079; Laws, Feb. 9, 1815; Laws, 1908, ch. 153.

§ 19-1-115. Pontotoc County.

Pontotoc County is bounded by beginning on the basis meridian of the Chickasaw survey at the northwest corner of section nineteen, township eight, range one, east; thence east on the section lines to the northwest corner of section nineteen, township eight, range four, east; thence south to the southwest corner of section nineteen, township eight, range four, east; thence east to the northwest corner of section thirty, township eight, range five, east; thence south on range lines between four and five to the southeast corner of section thirty-six, in township eleven, range four, east; thence west on line between townships eleven and twelve to the basis meridian; thence north to the point of beginning. The county site is Pontotoc.

HISTORY: Codes, 1857, ch. 2, art 71; 1871, § 71; 1880, § 75; 1892, § 400; 1906, § 464; Hemingway’s 1917, § 3884; 1930, § 3945; 1942, § 3080; Laws, Feb. 9, 1836; Laws, 1908, ch. 154.

§ 19-1-117. Prentiss County.

Prentiss County is bounded by beginning at the northwest corner of section seven, township four, range six, east; thence east by sectional lines to the northwest corner of section ten, township four, range nine, east; thence south to the southwest corner of said section; thence east to the southeast corner of said section; thence south by sectional lines to the southeast corner of section fifteen, township seven, range nine, east; thence west by sectional lines to the southwest corner of section fourteen, township seven, range seven, east; thence north by sectional lines to the line between townships six and seven; thence west on said township line to the southwest corner of section thirty-six, township six, range five, east; thence north by section lines to the northwest corner of section one in same township and range; thence east to the line between ranges five and six, east; thence north on said line to the beginning. The county site is Booneville.

HISTORY: Codes, 1871, § 72; 1880, § 76; 1892, § 401; 1906, § 465; Hemingway’s 1917, § 3885; 1930, § 3946; 1942, § 3081; Laws, Apr. 15, 1870.

§ 19-1-119. Quitman County.

Quitman County is bounded by beginning at the northeast corner of Coahoma County, and running thence south with the boundary of Coahoma County to the northeast corner of section thirty-three, township twenty-eight, range two, west; thence west on section lines to the range line between ranges two and three, west; thence south on the range line to the southwest corner of township twenty-six, range two, west; thence east on the township line to the range line between ranges one and two, east; thence north on said line to the boundary line between the Chickasaw and Choctaw cessions; thence northwest with said line to the point at which it touches the western boundary of Panola County; thence north with said boundary to the northeast corner of township seven, range ten, west, of the Chickasaw survey; thence west with the northern line of said township to the northwest corner thereof; thence south with the west line of said township to the township line between townships seven and eight; thence west with said township line to the beginning. The county site is Marks.

HISTORY: Codes, 1880, § 77; 1892, § 402; 1906, § 466; Hemingway’s 1917, § 3886; 1930, § 3947; 1942, § 3082; Laws, Feb. 1, 1877.

§ 19-1-121. Rankin County.

Rankin County is bounded by beginning on Pearl River, in township nine, range five, east, where the old Choctaw boundary crosses said river; thence southeast with said boundary to where the same intersects the line between ranges five and six, east; thence south with said range line to the line between townships two and three, north; thence west on said township line to Pearl River; thence up said river, with its meanderings, to the beginning. The county site is Brandon.

HISTORY: Codes, 1871, § 73; 1880, § 78; 1892, § 403; 1906, § 467; Hemingway’s 1917, § 3887; 1930, § 3948; 1942, § 3083; Laws, Feb. 4, 1828.

§ 19-1-123. Scott County.

Scott County is bounded by beginning on the old Choctaw boundary line, where the same crosses Pearl River; thence up said river with its meanderings, to the line between ranges five and six east; thence south on said range line to the line between townships eight and nine, north; thence east on said township line to the line between ranges nine and ten, east; thence south on said range line to the line between townships four and five, north; thence west on said township line to the old Choctaw boundary; thence southerly on said Choctaw boundary to its intersection with the same township line running west; thence west to the line between ranges five and six, east; thence north on said range line to its intersection with the Choctaw boundary; thence north with said boundary line to the beginning. The county site is Forest.

HISTORY: Codes, 1857, ch. 2, art 59; 1871, § 75; 1880, § 79; 1892, § 404; 1906, § 468; Hemingway’s 1917, § 3888; 1930, § 3949; 1942, § 3084; Laws, Dec. 23, 1833.

§ 19-1-125. Sharkey County.

Sharkey County is bounded by beginning at the northwest corner of section three, township thirteen, range seven, west; thence in a direct line to the north line of township fourteen; thence east along said township line between townships fourteen and fifteen, to the northeast corner of township fourteen, range five, west; thence south along the east boundary lines of township fourteen, north, range five, west, and township thirteen, north, range five, west to the southwest corner of township thirteen, north, range four, west; thence down the west boundary of Yazoo County to where it connects with the Sunflower River, following its meanderings, to the south line of township ten, range five, west; thence west along said township line to the northwest corner of township nine, range seven, west; thence north on the range line between ranges seven and eight to its intersection with the east prong of Steel’s bayou; thence up said east prong, following its meanderings, to the Indian bayou; thence up said Indian bayou, with its meanderings, to where it intersects the west boundary line of section twenty-seven, township thirteen, range seven, west; thence northwardly along the west boundary line of sections twenty-seven, twenty-two, fifteen, ten, and three to the beginning. The county site is Rolling Fork.

HISTORY: Codes, 1880, § 80; 1892, § 405; 1906, § 469; Hemingway’s 1917, § 3889; 1930, § 3950; 1942, § 3085; Laws, Mar. 29, 1876.

§ 19-1-127. Simpson County.

Simpson County is bounded by beginning on the line between townships two and three, north, where the same crosses Pearl River; thence east on said township line to its intersection with the old Choctaw boundary; thence south with said Choctaw boundary, and on the range line between ranges sixteen and seventeen, west, to the intersection of the Choctaw boundary line; thence westerly with said Choctaw boundary line to Pearl River; thence up said river, with its meanderings, to the beginning. The county site is Mendenhall.

HISTORY: Codes, 1857, ch. 2, art 25; 1871, § 76; 1880, § 81; 1892, § 406; 1906, § 470; Hemingway’s 1917, § 3890; 1930, § 3951; 1942, § 3086; Laws, Jan. 23, 1824.

§ 19-1-129. Smith County.

Smith County is bounded by beginning at the northwest corner of township four, range six, east; thence east to the Choctaw boundary; thence northerly with said boundary to the line between townships four and five, north; thence east on said township line to the line between ranges nine and ten, east; thence south on said range line to the Choctaw boundary line; thence west on said boundary line to the line between ranges sixteen and seventeen, west; thence north to the Choctaw boundary line; thence northwest to the line between townships two and three, north; thence west on said township line to the line between ranges five and six, east; thence north on said range line to the beginning. The county site is Raleigh.

HISTORY: Codes, 1857, ch. 2, art 58; 1871, § 74; 1880, § 82; 1892, § 407; 1906, § 471; Hemingway’s 1917, § 3891; 1930, § 3952; 1942, § 3087; Laws, Dec. 23, 1833.

§ 19-1-131. Stone County.

Stone County is bounded by beginning at the northwest corner of section six, township two, south, range thirteen, west; thence running south along the eastern boundary line of Pearl River County to the southwest corner of section thirty-one, township four, south, range thirteen, west; thence running east to the southeast corner of section thirty-six, township four, south, range thirteen, west; thence running north to the northeast corner of section twenty-five, township four, south, range thirteen, west; thence running east to the southeast corner of section twenty-one, township four, south, range nine, west; thence running north along the eastern boundary line of Jackson and George Counties to the northeast corner of section four, township two, south, range nine, west; thence running west to the point of beginning. The county site is Wiggins.

HISTORY: Codes, Hemingway’s 1917, § 3892; 1930, § 3953; 1942, § 3088; Laws, 1916, ch. 527.

OPINIONS OF THE ATTORNEY GENERAL

A county utility authority may not force a municipal utility to execute a service agreement which provides that if the city does not comply with the authority’s rules and regulations, the authority will take over the water and wastewater connections within the city under the Mississippi Gulf Coast Regional Utility Authority Act, Miss. Code Ann. §49-17-701, et seq. Taylor, February 2, 2007, A.G. Op. #06-00675, 2007 Miss. AG LEXIS 10.

§ 19-1-133. Sunflower County.

Sunflower County is bounded by beginning at the northwest corner of township twenty-four, range four, west; thence east on the township line to the line between ranges two and three, west; thence south to the northeast corner of section thirteen, township seventeen, north, range three, west; thence west along the section lines to the northwest corner of section eighteen, township seventeen, north, range three, west; thence south along west boundary line of township seventeen, north, range three, west, to the township line between townships sixteen and seventeen, range three, west; thence west along the township line to the range line between ranges five and six, west; thence north on the range line to the township line between townships twenty and twenty-one; thence east on said township line to the range line between ranges four and five, west; thence north on said range line to the beginning. The county site is Indianola.

HISTORY: Codes, 1857, ch. 2, art 92; 1871, § 77; 1880, § 84; 1892, § 408; 1906, § 472; Hemingway’s 1917, § 3893; 1930, § 3954; 1942, § 3089; Laws, Feb. 15, 1844.

§ 19-1-135. Tallahatchie County.

Tallahatchie County is bounded by beginning at the southwest corner of township twenty-six, range two, west; thence east on the township line to the line between ranges one and two, east; thence north on the range line to the township line between townships twenty-six and twenty-seven; thence east to the line between ranges three and four, east; thence south on said range line to the northeast corner of section thirty-six, township twenty-three, range three, east; thence west on sectional lines to the northwest corner of section thirty-four in said township and range; thence south to the line between townships twenty-two and twenty-three; thence west on said township line to the southwest corner of township twenty-three, range two, east; thence south to the township line between townships twenty-one and twenty-two; thence west to the Tallahatchie River; thence up said river, with its meanderings, to the line between townships twenty-two and twenty-three; thence west on said township line to the line between ranges two and three, west; thence north on said range line to the beginning. The county sites are Charleston and Sumner.

HISTORY: Codes, 1857, ch. 2, art 53; 1871, § 78; 1880, § 85; 1892, § 409; 1906, § 473; Hemingway’s 1917, § 3894; 1930, § 3955; 1942, § 3090; Laws, Dec. 23, 1833; Laws, 1902, ch. 135.

§ 19-1-137. Tate County.

Tate County is bounded by beginning on the Coldwater River, where the line between townships three and four intersects it; thence to the southeast corner of section thirty-three, township three, range five, west; thence south to the southwest corner of section thirty-four, township four, range five, west; thence east to the line between ranges four and five, west; thence south with said line to the southeast corner of section thirteen, township six, range five, west; thence west on section lines to the boundary line of Tunica County, on Coldwater River; thence up the meanderings of said river to the beginning. The county site is Senatobia.

HISTORY: Codes, 1880, § 86; 1892, § 410; 1906, § 474; Hemingway’s 1917, § 3895; 1930, § 3956; 1942, § 3091; Laws, Apr. 15, 1873.

§ 19-1-139. Tippah County.

Tippah County is bounded by beginning at a point on the state boundary line with Tennessee one mile east of the line between ranges two and three, east; thence east on said state boundary line to the line between ranges four and five, east; thence south on said range line to the line between townships two and three, south; thence east on said township line to the northwest corner of section two, township three, range five, east; thence south on section lines to the southwest corner of section two, township four, range five, east; thence east on section lines to the line between ranges five and six, east; thence south on the said range line to the line between townships five and six, south; thence west on said township line to the southeast corner of section thirty-three, township five, range two, east; thence north on section lines to the southeast corner of section sixteen, township three, range two, east; thence east on section lines to the line between ranges two and three, east; thence north on said range line to the line between townships two and three, south; thence east on said township line to the southeast corner of section thirty-one, township two, range three, east; thence north on section lines to the beginning. The county site is Ripley.

HISTORY: Codes, 1857, ch. 2, art 70; 1871, § 79; 1880, § 87; 1892, § 411; 1906, § 475; Hemingway’s 1917, § 3896; 1930, § 3957; 1942, § 3092; Laws, Feb. 9, 1836.

§ 19-1-141. Tishomingo County.

Tishomingo County is bounded by beginning at a point on the state line bounding on the State of Tennessee two miles east of the line between ranges eight and nine, east; thence east on said state line to the Tennessee River; thence with said line up the said river to the mouth of Bear creek, on the state boundary with the State of Alabama; thence southerly on the state boundary to the middle of township seven; thence west on section lines to the southwest corner of section fourteen, township seven, range nine, east; thence north on section lines to the southeast corner of section ten, township four, range nine, east; thence west on section lines to the southeast corner of section nine in the township last named; thence north on section lines to the northwest corner of said section ten; thence west to the southeast corner of section five, township four, range nine, east; thence north on sectional lines to the beginning. The county site is Iuka.

HISTORY: Codes, 1857, ch. 2, art 68; 1871, § 80; 1880, § 88; 1892, § 412; 1906, § 476; Hemingway’s 1917, § 3897; 1930, § 3958; 1942, § 3093; Laws, Feb. 9, 1836.

§ 19-1-143. Tunica County.

Tunica County is bounded by beginning on the Mississippi River where the line between townships two and three, south, intersects the same; thence east on said township line to the line between ranges nine and ten, west of the Chickasaw meridian; thence south on said range line to where it intersects Coldwater River; thence down said river to where it is intersected by a line extended west from the center of township six; thence east to the range line between ranges nine and ten, west; thence to the southeast corner of township six, range ten, west; thence west to the southwest corner of township six, range ten, west; thence south to the southwest corner of township seven, range ten, west; thence west to the boundary between the Chickasaw and Choctaw cessions; thence northwest with said boundary to the Mississippi River; thence up said river, with its meanderings, to the beginning. The county site is Tunica.

HISTORY: Codes, 1857, ch. 2, art 77; 1871, § 81; 1880, § 89; 1892, § 413; 1906, § 477; Hemingway’s 1917, § 3898; 1930, § 3959; 1942, § 3094; Laws, Feb. 9, 1836.

§ 19-1-145. Union County.

Union County is bounded by beginning at the northwest corner of township six, range one, east; thence east on the township line to the northwest corner of section one, township six, range five, east; thence south to the southwest corner of section one, township seven, range five, east; thence west on section lines to the southwest corner of section four, township seven, range five, east; thence south to the southwest corner of section nine, township eight, range five, east; thence west to the northwest corner of section eighteen, township eight, range five, east; thence south to the southwest corner of section nineteen, same township and range; thence west to the northwest corner of section thirty, township eight, range four, east; thence north to the northwest corner of section nineteen, in the same township; thence west to the meridian line; thence north to the beginning. The county site is New Albany.

HISTORY: Codes, 1871, § 82; 1880, § 90; 1892, § 414; 1906, § 478; Hemingway’s 1917, § 3899; 1930, § 3960; 1942, § 3095; Laws, Apr. 7, 1870.

§ 19-1-147. Walthall County.

Walthall County is bounded by beginning on the Mississippi-Louisiana State line at the southwest corner of section thirty-six, township one, north, range nine, east; and run thence north along the west boundaries of sections thirty-six, twenty-five, twenty-four, thirteen, twelve and one, in townships one, two, three and four respectively of range nine, east, to the northwest corner of section one, in township four, north, range nine, east; thence east along the township line between townships four and five, north, to the northeast corner of section five in township four, north, range eleven, east; thence south along the east boundary of said section five to the northeast corner of the southeast quarter of said section; thence east along the half section line of section four, north, range eleven, east, to the northeast corner of the southeast quarter of said section four; thence south along the east boundary of section four to the southeast corner of said section; thence east along the south boundary of section three in township four, north, range eleven, east to the southeast corner of the southwest quarter of said section three; thence south along the half section line of section ten, township four, north, range eleven, east, to the center of said section ten; thence east along the half section lines of sections ten, eleven and twelve in township four, north, range eleven, east, to the southeast corner of the southwest quarter of the northwest quarter of said section twelve; thence north along the east boundary of the southwest quarter of the northwest quarter of said section twelve to the northeast corner of the said southwest quarter of the northwest quarter of said section twelve; thence east along the south boundary of the northeast quarter of the northwest quarter of said section twelve to the southeast corner of the northeast quarter of the northwest quarter of said section twelve; thence north along the half section line of said section twelve to the northeast corner of the northwest quarter of said section twelve; thence east along the north boundary line of said section twelve to the northeast corner of the same, this point being on the range line between ranges eleven and twelve, east; thence south along said range line seven miles to the northwest corner of section eighteen in township three, north, range twelve, east; thence east along the north boundary line of said section eighteen in said township three, north, range twelve east one-half mile to the northeast corner of the northwest quarter of said section eighteen; thence south along the half section line of sections eighteen, nineteen, thirty and thirty-one in township three, north, range twelve, east, four miles to the township line between townships two and three, north; thence east along said township line between townships two and three, one and one-half miles to the northeast corner of section five in township two, north, range twelve, east; thence south along the east boundaries of sections five, eight and seventeen in township two, north, range twelve, east, three miles to the southeast corner of said section seventeen; thence east along the north boundary line of sections twenty-one, twenty-two, twenty-three and twenty-four to the northeast corner of section twenty-four in township two, north, range twelve, east; thence south along the range line between ranges twelve and thirteen, one and one-half miles to the southwest corner of the northwest quarter of section thirty in township two, north, range thirteen, east; thence east along the half section line of section thirty to the center of said section; thence south along the half section line of sections thirty and thirty-one in township two, north, range thirteen, east, one and one-half miles to the township line between townships one and two; thence east along said township line one-half mile to the northeast corner of section six, township one, north, range thirteen, east; thence south along the east boundary of said section six one mile to the northwest corner of section eight in township one, north, range thirteen, east; thence east along the north boundary of sections eight, nine, ten, eleven and twelve in township one, north, range thirteen, east, five miles to the northeast corner of said section twelve; thence south along the range line between ranges thirteen and fourteen five miles, to the southeast corner of section thirty-six, township one, north, range thirteen, east, this point being on the Mississippi-Louisiana State line; thence west along said state line to the point of beginning. The county site is Tylertown.

HISTORY: Codes, Hemingway’s 1917, § 3900; 1930, § 3961; 1942, § 3096; Laws, 1912, ch. 360.

§ 19-1-149. Warren County.

Warren County is bounded by beginning on the Mississippi River when the township lines between townships nine, range eight, west, and eighteen, range two, east, intersect the same; thence east on said township line to the southwest corner of township nine, range seven, west; thence south to the Yazoo River; thence up said river, with its meanderings, to the range line between ranges three and four, east; thence north to the southeast corner of township nine, range seven, west; thence east to the Yazoo River; thence up said river to the point at which it is intersected by the section line between sections sixteen and twenty-one, township nine, range five, west; thence east to the northeast corner of section twenty-two, township nine, range five, west; thence south to the northeast corner of section thirty-four, township nine, range five, west, thence east to the northeast corner of section thirty-six, township nine, range five, west; thence south to the southwest corner of section seven, township eight, range four, west; thence east to the northeast corner of section fifteen, township eight, range four, west; thence south to the southeast corner of the same section; thence east to the northeast corner of section twenty-four, township eight, range four, west; thence south to Big Black River; thence with said river to the Big Boguesha; thence with the Big Boguesha to the Little Boguesha; thence with the Little Boguesha to its junction with the Mississippi River; thence along the western boundary of the state to the beginning. The county site is Vicksburg.

HISTORY: Codes, 1871, § 83; 1880, § 91; 1892, § 415; 1906, § 479; Hemingway’s 1917, § 3901; 1930, § 3962; 1942, § 3097; Laws, Feb. 9, 1826.

§ 19-1-151. Washington County.

Washington County is bounded by beginning on the Mississippi River, at a point where the line between townships nineteen and twenty intersects the same; thence east on said township line to the line between ranges five and six, west; thence south on said range line to the line between townships sixteen and seventeen; thence east on said township line to the center line of Sunflower River; thence in a southerly direction with the meanderings of Sunflower River and along its center line to the township line between townships fourteen and fifteen; thence west on said township line to the northwest corner of section three, township fourteen, range seven, west; thence south on section lines to the line between townships thirteen and fourteen, at the northwest corner of section three, township thirteen; thence west to the Mississippi River; thence up said river to the beginning. The county site is Greenville.

HISTORY: Codes, Hutchinson’s 1848, ch. 3, art 2; 1857, ch. 2, art 33; 1871, § 84; 1880, § 92; 1892, § 416; 1906, § 480; Hemingway’s 1917, § 3902; 1930, § 3963; 1942, § 3098; Laws, June 4, 1800.

§ 19-1-153. Wayne County.

Wayne County is bounded by beginning on the old Choctaw boundary line, where the line between ranges nine and ten crosses the same; thence easterly with said boundary line to the northwest corner of the Hiawanee reserve; thence direct to the northeast corner of said Hiawanee reserve; thence along said Choctaw boundary to the boundary line between the States of Alabama and Mississippi; thence south on said boundary line to the line between townships five and six, north; thence west on said township line to the line between ranges nine and ten, west; thence north on said range line to the beginning. The county site is Waynesboro.

HISTORY: Codes, 1871, § 85; 1880, § 93; 1892, § 417; 1906, § 481; Hemingway’s 1917, § 3903; 1930, § 3964; 1942, § 3099; Laws, Dec. 21, 1809.

§ 19-1-155. Webster County.

Webster County is bounded by beginning at the northeast corner of section twelve, township nineteen, range eleven, east; thence west on the section line to a point where it crosses Big Black River; thence down said river, by the middle of the stream, to a point at which it is crossed by the township line between townships eighteen and nineteen, thence west on said township line to the range line between ranges seven and eight, east; thence north on said range line to the township line between townships twenty-one and twenty-two; thence east on said township line to the range line between ranges ten and eleven; thence north one mile; thence east on the section lines to the range line between ranges two and three, east of the Chickasaw basis; thence south on the western boundary of Clay County to the southwest corner of said county, at the southwest corner of section twenty-six, township twenty, range twelve, east; thence west on the section lines to the range line between ranges eleven and twelve, east; thence south to the beginning. The county site is Walthall.

This section shall in no way affect the present lines of Choctaw County.

HISTORY: Codes, 1880, § 83; 1892, § 418; 1906, § 482; Hemingway’s 1917, § 3904; 1930, § 3965; 1942, § 3100; Laws, Apr. 6, 1874; Laws, 1944, ch. 428.

§ 19-1-157. Wilkinson County.

Wilkinson County is bounded by beginning at the mouth of the Homochitto River on the Mississippi River, thence, including Tansy Island, up said Homochitto River, with its meanderings, to the mouth of Foster’s creek; thence southeasterly up said creek, with its meanderings to the line between ranges one and two, east; thence south on said range line to the boundary line between the States of Louisiana and Mississippi; thence west on said state boundary line to the Mississippi River; thence up said river, with its meanderings, to the beginning. The county site is Woodville.

HISTORY: Codes, 1871, § 86; 1880, § 94; 1892, § 419; 1906, § 483; Hemingway’s 1917, § 3905; 1930, § 3966; 1942, § 3101; Laws, Jan. 30, 1802.

§ 19-1-159. Winston County.

Winston County is bounded by beginning at the northwest corner of township sixteen, range twelve, east; thence east on the township line to the northeast corner of township sixteen, range fourteen, east; thence south on the range line to the southeast corner of township thirteen, range fourteen, east; thence west on the township line to the northeast corner of section two, township twelve, range thirteen, east; thence south on the section line one-half mile; thence west to the line between sections three and four, same township; thence north on section line to the northwest corner of section three, in said township twelve, range thirteen; thence west on the township line to the southwest corner of township thirteen, range thirteen, east; thence north on the range line to the southeast corner of township thirteen, north of range twelve, east; thence west on the township line to the southwest corner of township thirteen, range ten, east; thence north on the range line to the southwest corner of township fifteen, range ten, east; thence east on the township line to the southeast corner of said township; thence north on the line between ranges ten and eleven to northeast corner of said township; thence east to the southeast corner of township sixteen, range eleven, east; thence north on the range line to the northeast corner of said township sixteen, range eleven, east, which is the beginning. The county site is Louisville.

HISTORY: Codes, 1857, ch. 2, art 51; 1871, § 87; 1880, § 95; 1892, § 420; 1906, § 484; Hemingway’s 1917, § 3906; 1930, § 3967; 1942, § 3102; Laws, Dec. 23, 1833.

§ 19-1-161. Yalobusha County.

Yalobusha County is bounded by beginning at the northeast corner of township twenty-six, range three, east; thence east on township line between townships ten and eleven, west of the Chickasaw meridian, to the southwest corner of section thirty-four, township ten, range five, west; thence north along the east boundary of Panola County to the southwest corner of section twenty-two, township ten, range five, west; thence east twelve miles to the southwest corner of section twenty-two, township ten, range three, west; thence due south by the range line between ranges seven and eight, each of the Choctaw meridian, to the southeast corner of section twelve, township twenty-three, range seven, east; thence west on sectional lines to the southwest corner of section ten, township twenty-three, range five, east; thence north on sectional lines to the line between townships twenty-three and twenty-four; thence west on said township line to the line between ranges three and four, east; thence north on said range line to the beginning. The county sites are Coffeeville and Water Valley.

HISTORY: Codes, 1857, ch. 2, art 54; 1871, § 88; 1880, § 96; 1892, § 421; 1906, § 485; Hemingway’s 1917, § 3907; 1930, § 3968; 1942, § 3103; Laws, Dec. 23, 1833.

§ 19-1-163. Yazoo County.

Yazoo County is bounded by beginning at the northwest corner of township thirteen, range one, west; thence on a direct line southeasterly to Bole’s ferry, in section twenty-two, township twelve, range three, east, on Big Black River; thence down said river, with its meanderings, to the line between ranges three and four, west; thence north on said line to the northeast corner of section twenty-four, township eight, range four, west; thence west to the southwest corner of section fourteen in same township; thence north to the northwest corner of the same section, fourteen; thence west to the southwest corner of section seven, township eight, range four, west; thence to the northeast corner of section thirty-six, township nine, range five, west; thence to the northwest corner of section thirty-five; thence north to the northeast corner of section twenty-two in same township; thence west to the Yazoo River on the line between sections sixteen and twenty-one; thence up said river to the mouth of Sunflower River; thence up said river, with its meanderings, to the southwest corner of township twelve, range five, west; thence in a direct line to the northeast corner of said township; thence east along the south boundary line of township thirteen, north, range four, west, and township thirteen, north, range three, west to the southeast corner of township thirteen, north, range three, west; thence north along the east line of township thirteen, north, range three, west, to the northeast corner of same; thence east along the south line of township fourteen, north, range two, west, to the southwest corner of section thirty-six, township fourteen, north, range two, west; thence north along the line between sections thirty-five and thirty-six, township fourteen, north, range two, west, to the center line of the Yazoo River; thence down said river with its meanderings to the point of beginning. The county site is Yazoo City.

HISTORY: Codes, 1857, ch. 2, art 23; 1871, § 89; 1880, § 97; 1892, § 422; 1906, § 486; Hemingway’s 1917, § 3908; 1930, § 3969; 1942, § 3104; Laws, Jan. 21, 1823.

Chapter 2. County Government Reorganization Act

§ 19-2-1. Short title.

This chapter shall be known and may be cited as the “County Government Reorganization Act of 1988.”

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 1, eff from and after passage (approved August 16, 1988).

OPINIONS OF THE ATTORNEY GENERAL

Alleged violations of the countywide system of road administration, codified at Miss. Code Ann. §§19-2-1 et seq., should be filed with the State Auditor, who has the duty to enforce the provisions of the county unit system by issuing certificates of noncompliance. Brooks, March 2, 2007, A.G. Op. #07-00093, 2007 Miss. AG LEXIS 87.

§ 19-2-3. Creation of countywide system of road administration.

  1. Unless otherwise exempted under the provisions of Section 19-2-5, from and after October 1, 1989, each county in the State of Mississippi shall operate on a countywide system of road administration, there shall be no road districts, separate road districts or special road districts in any county, supervisors districts shall not act as road districts, and the construction and maintenance of roads and bridges in each county shall be on a countywide basis so that (a) the distribution and use of all road and bridge funds available to the county or any district thereof, (b) the planning, construction and maintenance of county roads and bridges, (c) the purchase, ownership and use of all road and bridge equipment, materials and supplies, (d) the employment and use of the road and bridge labor force, and (e) the administration of the county road department shall be on the basis of the needs of the county as a whole, as determined by the board of supervisors, without regard to any district boundaries.
  2. Any references in any statute to a road district, separate road district or special road district, or to a supervisors district acting as a road district, shall, as to any county which is required to operate on a countywide system of road administration, be construed to mean the county as a whole, if such construction is possible within the context of the statute; otherwise, any such reference shall have no force or effect with regard to any such county.

    The State Auditor may, pursuant to a request from a board of supervisors in a resolution duly adopted by the board and spread upon its minutes, provide to the requesting board of supervisors his estimates of the cost to the county of implementing and complying with the County Government Reorganization Act of 1988.

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 2, eff from and after March 3, 1989 (the date on which the United States Attorney General interposed no objection to the amendment).

Editor’s Notes —

The United States Attorney General interposed no objection to the amendments proposed by subsections (1) and (2) of Section 2 of Chapter 14, 1988 Ex Sess Laws on September 1, 1988, and to subsections (3)-(5) of Section 2 of Chapter 14, 1988 Ex Sess Laws on March 3, 1989.

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Adoption or rejection of the countywide system by county voters, see §19-2-5.

Assumption of all debts, liabilities and assets of road districts by the county in which the districts are located after adoption of the countywide system, see §19-2-7.

Requirement that boards of supervisors that operate on a countywide system of road administration adopt and maintain a system of countywide personnel administration for all county employees, see §19-2-9.

Duties of the state auditor [now Executive Director of the Department of Finance and Administration] with respect to the implementation of a countywide system of road administration pursuant to this section, see §19-2-11.

Employment, qualifications, general duties, terms of employment, compensation, duties and responsibilities of County Administrators, as affected by this section, see §§19-4-1 et seq.

Application of this section to the acquisition of certain real property by boards of supervisors, see §19-7-1.

Application of this section to the authority of boards of supervisors to issue county bounds, see §19-9-3.

Application of this section to the preparation and publication of the annual county budget, see §19-11-7.

Application of this section to the purchase of road equipment by boards of supervisors, see §19-13-17.

Application of this section to the apportionment of taxes by the state tax commission, see §27-5-101.

Application of this section to the distribution of motor vehicle privilege taxes, see §27-19-159.

Application of this section to the distribution of oil severance taxes, see §27-25-505.

Application of this section to the distribution of natural gas severance taxes, see §27-25-705.

Application of this section to the regulation of the use of county roads, see §65-7-37.

Application of this section to the posting of notices of weight and tire restrictions applicable to county roads, see §65-7-49.

Application of this section to the authorization to close roads while under construction, see §65-7-53.

Application of this section to the authority of the board of supervisors to construct or maintain certain state highways within or without any municipality or road districts, see §65-7-81.

Application of this section to the authority of the board of supervisors to purchase or lease land for stations for public road projects, see §65-7-91.

Application of this section to the acquisition of land containing road building material for use in road construction and maintenance, see §65-7-99.

Application of this section to the appropriation of nearby timber and gravel for use in bridge and road construction, see §65-7-101.

Application of this section to the necessity of plans and specifications for letting of bids for road and bridge construction, see §65-7-105.

Application of this section to the authority of the board of supervisors, see §65-7-115.

Application of this section to the inspection of roads by members of the board and the preparation of four-year construction and maintenance plans, see §65-7-117.

Application of this section to the amount of money available for rural road and bridge construction, see §65-11-45.

Application of this section to the selection of rural roads and bridges to be constructed or improved, see §65-11-47.

Application of this section to the letting of contracts for rural road and bridge construction, see §65-11-51.

Application of this section to the raising of funds by boards of supervisors for road and bridge construction, see §65-15-1.

Application of this section to the use of gasoline taxes to pay road bond issues, see §65-15-9.

Application of this section to provisions not requiring boards of supervisors to set aside gasoline taxes for payment of road bonds where sufficient funds are available, see §65-15-11.

Application of this section to a provision providing that use of gasoline taxes to pay road bonds does not affect other financing for other road construction, see §65-15-13.

Application of this section to the authorization to transfer the balance in sinking funds after the payment of road construction bonds to road and bridge funds, see §65-15-19.

Application of this section to the refund of certain excess road construction funds to municipalities, see §65-15-21.

Application of this section to the employment of a county engineer, see §65-17-201.

Application of this section to the purchase of machinery and equipment for soil conservation purposes, see §69-27-209.

OPINIONS OF THE ATTORNEY GENERAL

A board of supervisors of a countywide road system may not agree to a cost sharing arrangement with non-subdivision owners similar to that permitted by §65-19-83 for separate road district counties. Brown, Oct. 24, 2003, A.G. Op. 03-0477.

A county board of supervisors operating under the unit system of road administration cannot agree among themselves that road construction will be based upon each district being allocated a specific amount of mileage, with the decision of what roads to be constructed being left to the discretion of the supervisor of that district, since there are no districts in this form of road administration. Moorehead, Dec. 8, 2006, A.G. Op. 06-0595.

Alleged violations of the countywide system of road administration, codified at Miss. Code Ann. §§19-2-1 et seq., should be filed with the State Auditor, who has the duty to enforce the provisions of the county unit system by issuing certificates of noncompliance. Brooks, March 2, 2007, A.G. Op. #07-00093, 2007 Miss. AG LEXIS 87.

Which county roads require major maintenance is established in a four-year plan built on annual road inspections by the board of supervisors, and such policy is to be implemented by the county road manager. The board of supervisors may change or modify any action of the road manager by an official order approved by a majority vote of the board, reflected in the minutes, but no individual supervisor has the authority to advise or direct the road manager to perform major maintenance. White, March 23, 2007, A.G. Op. #07-00118, 2007 Miss. AG LEXIS 122.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 44, 57, 62, 66, 67, 71-133, 194.

§ 19-2-5. Adoption of countywide system of road administration by election; by resolution; subsequent elections; petition for election to adopt or discontinue system.

  1. In the general election held on the first Tuesday after the first Monday of November 1988, an election on the question of operation of the county on a countywide system of road administration shall be held in each county of the state. The ballot in such election shall have printed thereon the question “Do you want to require the county to operate under the countywide system of road administration?” followed thereafter, on separate lines, with the word “YES” and the word “NO” and with appropriate boxes adjacent thereto in which the voters may indicate their preference.
  2. The results of the elections held on the first Tuesday after the first Monday of November 1988 concerning the question of operation of the county on a countywide system of road administration as set out in subsection (1) of this section shall be forwarded by each county circuit clerk to the Secretary of State, within fifteen (15) days of such election. The Secretary of State shall certify these election results after subsection (1) of this section has been precleared under Section 5 of the Voting Rights Act of 1965, as amended and extended.
  3. If a majority of the qualified electors participating in the election under subsection (1) or (2) of this section vote in favor of requiring the county to operate under the countywide system of road administration, the county shall not be exempt from and shall be subject to the provisions of Section 19-2-3 and all other provisions of law requiring counties to operate under the countywide system of road administration beginning October 1, 1989. If, on the other hand, a majority of the qualified electors participating in the election vote against requiring the county to operate under the countywide system of road administration, the county shall be exempt from the provisions of Section 19-2-3 and all other provisions of law requiring counties to operate under the countywide system of road administration beginning October 1, 1989, and the board of supervisors of that county may construct and maintain the county roads and bridges on a road district or beat system in accordance with any applicable provisions of general law or may, in its discretion and at any time, by resolution duly adopted and entered on its minutes, require the county to operate on the countywide system of road administration in accordance with Section 19-2-3.
  4. If in any election held in a county under subsection (1) or subsection (2) of this section a majority of the qualified electors participating in the election vote against requiring the county to operate under the countywide system of road administration, then an election on such question may again be held at the November general election in 1990 or at a regularly scheduled November general election in any year thereafter, in any such county in which the board of supervisors has not adopted a resolution as provided in subsection (3) of this section and put into operation the countywide system of road administration in accordance with Section 19-2-3, upon a petition filed with the board of supervisors and signed by at least fifteen percent (15%) or one thousand five hundred (1,500) of the qualified electors of that county, whichever is the lesser, asking for an election to determine whether to require the county to operate under the countywide system of road administration. Upon such petition being filed the board of supervisors shall order an election to be held on the question at the next November general election more than sixty (60) days from the filing of the petition. Nothing in this section shall authorize or permit the calling or holding of any such election in a county more often than once every two (2) years. The question to be presented to the electors at such election shall be in the same manner and form as provided in subsection (1) of this section. If a majority of the qualified electors participating in any such election vote in favor of requiring the county to operate under the countywide system of road administration, then beginning October 1 of the next year following such election, the county shall not be exempt from and shall be subject to the provisions of Section 19-2-3 and all other provisions of law requiring counties to operate under the countywide system of road administration. If, on the other hand, a majority of the qualified electors participating in any such election vote against requiring the county to operate under the countywide system of road administration, the county shall be exempt from the provisions of Section 19-2-3 and all other provisions of law requiring counties to operate under the countywide system of road administration, and the board of supervisors of that county may construct and maintain the county roads and bridges on a road district basis, a beat system or any other system authorized by any applicable provisions of general law, or may, in its discretion and at any time, by resolution duly adopted and entered on its minutes, require the county to operate under the countywide system of road administration in accordance with Section 19-2-3.
  5. Once a county begins to operate under the countywide system of road administration in accordance with Section 19-2-3, whether as a result of an election held under this section or as a result of a resolution adopted by the board of supervisors as provided in subsection (3) or subsection (4) of this section, then an election on such question may again be held in any such county at the November general election in 1992 or at a regularly scheduled November general election in any year thereafter at which members of the boards of supervisors and state officials are elected, upon a petition filed with the board of supervisors and signed by at least fifteen percent (15%) or one thousand five hundred (1,500) of the qualified electors of that county, whichever is the lesser, asking for an election to determine whether to require the county to continue to operate under the countywide system of road administration. The question to be presented to the electors at such election shall be in the same manner and form as provided in subsection (1) of this section. If a majority of the qualified electors participating in any such election vote in favor of requiring the county to operate under the countywide system of road administration, then the county shall not be exempt from and shall continue to be subject to the provisions of Section 19-2-3 and all other provisions of law requiring counties to operate under the countywide system of road administration. If, on the other hand, a majority of the qualified electors participating in any such election vote against requiring the county to operate under the countywide system of road administration, then beginning October 1 of the next year following such election, the county shall be exempt from the provisions of Section 19-2-3 and all other provisions of law requiring counties to operate under the countywide system of road administration, and the board of supervisors of that county may construct and maintain the county roads and bridges on a road district basis, a beat system or any other system authorized by any applicable provisions of general law, or may, in its discretion and at any time, by resolution duly adopted and entered on its minutes, require the county to operate under the countywide system of road administration in accordance with Section 19-2-3.

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 3; Laws, 1992, ch. 305, § 1, eff from and after June 17, 1992 (the date the United States Attorney General interposed no objection to this amendment).

Cross References —

Creation of countywide systems of road administration, see §19-2-3.

OPINIONS OF THE ATTORNEY GENERAL

A board of supervisors may not agree to a cost sharing arrangement with subdivision owners whose lots adjoin private gravel roads for the paving of the private roads. The subdivision owners must bear the entire cost of paving their private roads even though those private roads subsequently tie into public, county-maintained paved roads. Brown, Oct. 24, 2003, A.G. Op. 03-0477.

§ 19-2-7. Assets, liabilities and indebtedness of road districts assumed by county after adoption of system; no new obligations to be authorized to districts; “road districts” defined.

  1. Any road district bonds and any other indebtedness and liabilities of a road district which are outstanding on the date of a county’s implementation of a countywide system of road administration, as described in Section 19-2-3, shall become obligations of the county as a whole. Any sum being held in a road district fund to repay principal and interest on such bonds shall be deposited into a special county fund to be used toward amortization of such bonds. If any covenants in any road district bonds require that the bonded indebtedness be retired by a tax levy only upon the property within the road district for which the bonds were issued, the board of supervisors shall retire such bonded indebtedness by a tax levy only upon the property in the part of the county which was within the road district immediately before the date of the county’s implementation of the countywide system of road administration.
  2. Any real or personal property of a road district shall become the property of the county in which the district was located immediately before the date of the county’s implementation of the countywide system of road administration.
  3. From and after the date on which the board of supervisors receives certification of the results of an election which require that the county operate on a countywide system of road administration, the board of supervisors of the county shall not issue or authorize to be issued any bonds, notes or other obligations for the benefit of a road district unless prior to the date of certification of the election to the board, a declaration of intent to issue such bonds, notes or other obligations has been duly adopted and entered on the minutes of the board of supervisors of the county and the first publication of such declaration of intent has been completed in the manner provided by law.
  4. The term “road district” as used in this section shall also include separate road districts, special road districts and supervisors districts acting as road districts.

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 4, eff from and after passage (approved August 16, 1988).

§ 19-2-9. Countywide personnel administration for county employees; exemption of certain employees.

  1. The board of supervisors of each county which is required to operate on a countywide system of road administration as described in Section 19-2-3 shall adopt and maintain a system of countywide personnel administration for all county employees other than those employees subject to subsection (2) of this section. The personnel system shall be implemented and administered by the county administrator. Such personnel system may include, but not be limited to, policies which address the following: hiring and termination of employees, appeal and grievance procedures, leave and holidays, compensation, job classification, training, performance evaluation and maintenance of records. All employees of the county shall be employees of the county as a whole and not of any particular supervisor district. However, any employee which the county administrator is authorized to employ may be terminated at the will and pleasure of the administrator without requiring approval by the board of supervisors.

    The board of supervisors of each county shall spread upon its minutes all its actions on personnel matters relating to hiring or termination and such other personnel matters deemed appropriate by the board.

  2. The elected officials of any county described in subsection (1) of this section, other than members of the board of supervisors, who are authorized by law to employ shall adopt and maintain a system of personnel administration for their respective employees or shall adopt the system of personnel administration adopted by the board of supervisors. The personnel system adopted and any amendments thereto shall be filed with the board of supervisors.

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 9, eff from and after October 1, 1989.

Cross References —

Duties of the state auditor [now Executive Director of the Department of Finance and Administration] with respect to the implementation of a countywide system of personnel administration as required by this section, see §19-2-11.

OPINIONS OF THE ATTORNEY GENERAL

County sheriff’s department, which has adopted its own personnel policies pursuant to Miss. Code Section 19-2-9, would still be governed by laws applicable to county governments as to personnel matters; department is not considered state agency or subdivision of state government. Pope, Apr. 14, 1993, A.G. Op. #93-0069.

Under Section 19-2-9, the supervision and direction of county employees is left to the county administrator. Bradley, March 15, 1996, A.G. Op. #96-0085.

A county board of supervisors may exercise direct supervision and control over the boards and other divisions of county government if it chooses not to delegate and assign those duties to the county administrator. Yancey, April 24, 1998, A.G. Op. #98-0186.

If a county youth court has adopted a separate system of personnel administration, the countywide system is inapplicable to youth court employees, including employment practices; however, if the county youth court has not adopted a separate system, its employees are subject to the countywide system, including employment practices. Meadows, May 12, 2000, A.G. Op. #2000-0238.

The manner and method by which the elected officials promulgate personnel policies is not set forth in the statute; the only requirement is that after the elected official adopts a system of personnel administration, it must be filed with the board of supervisors. McWilliams, June 7, 2002, A.G. Op. #02-0329.

Although a county administrator has the authority to hire and terminate those county employees designated by the board of supervisors, there is no statutory authority for an administrator to abolish a personnel position that has been designated by the board. Brooks, Mar. 26, 2004, A.G. Op. 04-0108.

Assuming adequate funds are budgeted for the purpose, a sheriff may pay reasonable membership fees for employees to attend a fitness center so that they may achieve and maintain the standard of physical fitness required by written personnel policies. Sollie, July 22, 2005, A.G. Op. 05-0341.

Alleged violations of the countywide system of road administration, codified at Miss. Code Ann. §§19-2-1 et seq., should be filed with the State Auditor, who has the duty to enforce the provisions of the county unit system by issuing certificates of noncompliance. Brooks, March 2, 2007, A.G. Op. #07-00093, 2007 Miss. AG LEXIS 87.

§ 19-2-11. State Auditor to determine whether counties have implemented countywide system of road administration, central purchasing system, inventory control system, and countywide personnel administration; notice to counties; certificate of noncompliance; penalties; appeals.

It shall be the duty of the State Auditor to examine annually the books, records, accounts and other documents of each county and to perform such investigations as may be necessary to determine (a) if the county has actually adopted and put into operation the practice of constructing and maintaining all of the roads and bridges of the county as a unit, when and as required in Section 19-2-3, with all of the construction and maintenance machinery and other equipment, construction and maintenance funds and other construction and maintenance facilities available to the county for highway use placed under the administration of the county road manager for use in any part of the county regardless of beat lines and to the best interest of the county as a whole, (b) if the county has established and implemented, and is maintaining, a central purchasing system for all equipment, heavy equipment, machinery, supplies, commodities, materials and services as required by Section 31-7-101, (c) if the county has established and implemented, and is maintaining, the inventory control system required by Section 31-7-107, and (d) if the county has adopted and implemented a system of countywide personnel administration as required by Section 19-2-9. If upon his examination the Auditor determines that a county is not in substantial compliance with the requirements described in (a), (b), (c) and (d) above, he shall file a certified written notice with the clerk of the board of supervisors notifying the board of supervisors of his intention to issue a certificate of noncompliance to the State Tax Commission and to the Attorney General thirty (30) days immediately following the date of the filing of such notice unless within such period the county substantially complies with the requirements described in (a), (b), (c) and (d) above. If after thirty (30) days from the giving of the notice the county, in the opinion of the State Auditor, has not substantially complied with the requirements described in (a), (b), (c) and (d) above, the Auditor shall issue his certificate of noncompliance to the board of supervisors, State Tax Commission and the Attorney General. Thereafter, the State Tax Commission shall withhold all allocations and payments to the county that would otherwise be payable under Sections 27-65-75(4), 27-5-101(b)(vi) and 65-33-45, until such time as the Tax Commission and the Attorney General receive from the State Auditor written notice of cancellation of the certificate of noncompliance. However, all of such funds as are withheld from the county during the first ninety (90) days following issuance of a certificate of noncompliance under this subsection shall accrue to the account of that county and shall be subsequently allocated and paid to that county as otherwise provided by law if within such ninety-day period the board of supervisors, the State Tax Commission and the Attorney General receive written notice from the State Auditor of cancellation of the certificate of noncompliance. The State Auditor shall not unreasonably delay the issuance of a written notice of cancellation of a certificate of noncompliance but shall promptly issue a written notice of cancellation of certificate of noncompliance upon an affirmative showing by the county that it has come into substantial compliance. If the State Auditor has not issued a written notice of cancellation of the certificate of noncompliance within ninety (90) days after issuance of a certificate of noncompliance, all such funds as have been withheld and accrued to the county during such period, along with all monthly allocations which accrue but are withheld from the county following such ninety-day period for failure of the county to comply, shall be forfeited and reallocated among all other counties in the state that are eligible for such funds in accordance with the same formula for calculating original allocations among counties.

There shall be no administrative appeal from any action of the State Auditor under this subsection in issuing or failing to issue any certificate of noncompliance or notice of cancellation of a certificate of noncompliance; however, if a civil action is filed for and on behalf of any county which is aggrieved by any action of the State Auditor under this section within ninety (90) days after issuance to the county of a certificate of noncompliance, any money as would otherwise be reallocated to other counties under this section shall be held in escrow pending final determination of the civil action.

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 59, eff from and after October 1, 1989.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-3-4 provides that the terms “ ‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ “Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

OPINIONS OF THE ATTORNEY GENERAL

Alleged violations of the countywide system of road administration, codified at Miss. Code Ann. §§19-2-1 et seq., should be filed with the State Auditor, who has the duty to enforce the provisions of the county unit system by issuing certificates of noncompliance. Brooks, March 2, 2007, A.G. Op. #07-00093, 2007 Miss. AG LEXIS 87.

§ 19-2-12. Notice by State Auditor of supervisor’s noncompliance with provisions of § 19-2-3; initiation of civil proceedings; penalties.

  1. If upon audit, examination or investigation, the State Auditor determines that an individual member of a county board of supervisors is not in substantial compliance with the provisions of law that require the county to operate on a countywide system of road administration, as described in Section 19-2-3, then the State Auditor shall give, by United States Certified Mail, return receipt requested, written notification to the supervisor of such noncompliance. If within thirty (30) days after receipt of the notice, such supervisor, in the opinion of the State Auditor, remains in noncompliance, the Auditor may institute civil proceedings in the chancery court of the county in which the supervisor serves. The court, upon hearing, shall decide the issue and, if it determines that such supervisor is not in substantial compliance, shall order the supervisor to immediately and thereafter comply. Violations of any order of the court shall be punishable as for contempt. In addition, the court, in its discretion, may impose a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) upon the supervisor, for which he shall be liable in his individual capacity, for any such noncompliance that the court determines as intentional or willful.
  2. The provisions of this section shall not be construed to prevent the State Auditor, the Attorney General or any other public official, as otherwise authorized by law, from initiating or commencing civil actions or criminal proceedings by or on behalf of the state or any county or political subdivision for the misappropriation or the unlawful use, taking or conversion of public funds or public property.

HISTORY: Laws, 1999, ch. 355, § 1, eff from and after July 1, 1999.

OPINIONS OF THE ATTORNEY GENERAL

A member of the board of supervisors violates the statute if he or she instructs the county road manager or county administrator to hire, terminate, transfer, or demote a county employee under their jurisdiction. Brooks, July 28, 2000, A.G. Op. #2000-0339.

There is no statute authorizing a private citizen to file suit against a member of the board of supervisors for a violation of the statute. Brooks, July 28, 2000, A.G. Op. #2000-0339.

The State Auditor ultimately investigates violations of the statute; the office of the Attorney General works closely with the State Auditor to assist with any investigative needs that may arise. Brooks, July 28, 2000, A.G. Op. #2000-0339.

Alleged violations of the countywide system of road administration, codified at Miss. Code Ann. §§19-2-1 et seq., should be filed with the State Auditor, who has the duty to enforce the provisions of the county unit system by issuing certificates of noncompliance. Brooks, March 2, 2007, A.G. Op. #07-00093, 2007 Miss. AG LEXIS 87.

§ 19-2-13. Inapplicability of certain Code sections to countywide system of road administration.

Sections 65-15-17, 65-17-3, 65-17-5, 65-17-7, 65-17-101, 65-17-103, 65-17-105, 65-17-107, 65-19-1, 65-19-3, 65-19-5, 65-19-7, 65-19-9, 65-19-11, 65-19-13, 65-19-15, 65-19-17, 65-19-19, 65-19-21, 65-19-23, 65-19-25, 65-19-27, 65-19-29, 65-19-31, 65-19-33, 65-19-35, 65-19-37, 65-19-39, 65-19-41, 65-19-43, 65-19-45, 65-19-47, 65-19-49, 65-19-51, 65-19-53, 65-19-55, 65-19-57, 65-19-59, 65-19-61, 65-19-63, 65-19-65, 65-19-67, 65-19-69, 65-19-71, 65-19-73, 65-19-75, 65-19-77, 65-19-79, 65-19-81, 65-19-83, 65-19-85, 65-19-87, 65-21-19 and 65-21-21, Mississippi Code of 1972, which provide for the creation and procedures of road districts composed in whole or in part of one (1) or more than one (1) supervisors district, for the use of special or general road funds by the boards of supervisors, for defraying the expenses of constructing bridges connecting road districts, for the employment of county road accountants, and for compensation for road commissioners employed by certain counties, shall not be applicable to and shall be of no force or effect with regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3.

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 62, eff from and after October 1, 1989.

Chapter 3. Board of Supervisors

In General

§ 19-3-1. Districts and boundaries; election of supervisors.

Each county shall be divided into five (5) districts, with due regard to equality of population and convenience of situation for the election of members of the boards of supervisors, but the districts as now existing shall continue until changed. The qualified electors of each district shall elect, at the next general election, and every four (4) years thereafter, in their districts one (1) member of the board of supervisors. Subject to the provisions of Sections 23-15-283 and 23-15-285, the board, by a three-fifths (3/5) vote of all members elected, may change the districts, the boundaries to be entered at large in the minutes of the proceedings of the board.

If the boundaries of the districts are changed by order of the board of supervisors as provided in this section, the order shall be published in a newspaper having general circulation in the county once each week for three (3) consecutive weeks.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (2); 1857, ch. 59, arts 1, 2; 1871, §§ 1348, 1349; 1880, §§ 2129, 2130; 1892, § 272; 1906, § 291; Hemingway’s 1917, § 3663; 1930, § 195; 1942, § 2870; Laws, 1920, ch. 298; Laws, 1930, ch 41; Laws, 1932, ch. 188; Laws, 1956, ch 180; Laws, 1966, ch. 290, § 1; Laws, 1968, ch. 564, § 1; Laws, 1971, ch. 493, § 1; Laws, 1980, ch. 425, § 1; Laws, 2012, ch. 353, § 2, eff October 5, 2012 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.); Laws, 2019, ch. 340, § 4, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 1980, ch. 425, § 5, provides as follows:

“SECTION 5. Section 2870, Mississippi Code of 1942, as it existed prior to November 1, 1964, is hereby repealed.”

By letter dated October 5, 2012, the United States Attorney General interposed no objection, under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Chapter 353, Laws of 2012.

Amendment Notes —

The 2012 amendment rewrote the third sentence of the first paragraph; inserted “in this section” following “board of supervisors as provided” in the second paragraph and made minor stylistic changes.

The 2019 amendment, in the first paragraph, substituted “Sections 23-15-283 and 23-15-285” for “Section 23-15-285” in the present last sentence, and deleted the former last sentence, which read: “Provided, however, that such changed boundaries shall in as far as possible conform as to natural, visible artificial boundaries, such as streets, highways, railroads, rivers, lakes, bayous or other obvious lines of demarcation, except county lines and municipal corporate limits.”

Cross References —

Jurisdiction and selection of board of supervisors, see Miss. Const. Art. 6, § 170.

Signing petitions personally by petitioners, see §1-3-75.

Provision that members of boards of supervisors shall be elected in 1987 and every four years thereafter, see §23-15-193.

Nominations for state, district, county, and county district offices which are elective, see §§23-15-291.

Provisions prohibiting boards of supervisors or members thereof from employing excess numbers of highway workers during certain months in years in which a general primary election is to be held, and prohibiting excessive expenditures during those months, see §23-15-881.

JUDICIAL DECISIONS

1. In general.

Primary claim advanced by plaintiff in state court action, that voting malapportionment which allegedly violated one-person, one-vote standard guaranteed by Article 3, Section 14, was sufficient to stand as independent ground for challenging election procedure, and federal issue under Voting Rights Act could collaterally attach to such claim. Republican Party of Adams County v. Adams County Election Com., 775 F. Supp. 978, 1991 U.S. Dist. LEXIS 15410 (S.D. Miss. 1991).

Supervisors’ plan for the reapportionment of voting districts for the election of county officials by single-member districts in Hinds County, Mississippi is unconstitutional since it will have the effect of perpetuating the denial of blacks to the political process proven to have existed before the adoption of the plan where the plan fragmented a geographically concentrated minority voting community in a way that tended to dilute the voting strength of the minority. Kirksey v. Board of Supervisors, 554 F.2d 139, 1977 U.S. App. LEXIS 13164 (5th Cir. Miss.), cert. denied, 434 U.S. 968, 98 S. Ct. 512, 54 L. Ed. 2d 454, 1977 U.S. LEXIS 4108 (U.S. 1977).

While trial court properly determined that at-large election of county supervisors in which each candidate was required to be resident of one of five grossly malapportioned districts was violative of one man-one vote rule, it erred in postponing the granting of relief for the four year period of the term of office of supervisors who were to be elected some five months after date of its order; supervisors elected at regularly scheduled election shall hold office pending submission and approval of adequate redistricting plan and election of supervisors thereunder. Keller v. Gilliam, 454 F.2d 55, 1972 U.S. App. LEXIS 12059 (5th Cir. Miss. 1972).

A Mississippi county governed for 100 years by a board of supervisors consisting of the supervisors of each of the county’s five constituent towns, leading to a local governmental structure in which overlapping public services are provided by the towns and the county working in close cooperation, but malapportioned because of population variations among the towns, is not unconstitutionally reapportioned by a districting plan following town lines, giving one county legislator to the county’s smallest town, and determining the number of legislators for each other town by the number of times its population exceeds the population of the smallest town, even though the result is an 11.9 percent deviation from voting equality. Abate v. Mundt, 403 U.S. 182, 91 S. Ct. 1904, 29 L. Ed. 2d 399, 1971 U.S. LEXIS 1708 (U.S. 1971).

Where the citizens of a county in Mississippi commenced a class action to require the county board of supervisors to redistrict the county, and later moved to dismiss their class action on the basis that they then preferred that the court order the holding of elections on an at-large basis, the court acted within its discretion in denying the motion to dismiss and in enjoining the members of the board to divide the county into 5 districts with nearly equal population, since a federal chancellor possess the discretion to require the use of such a device in lieu of or as an alternative to forced proportional redistricting in order to achieve compliance with the one-man, one-vote constitutional command. Sheffield v. Itawamba County Bd. of Supervisors, 439 F.2d 35, 1971 U.S. App. LEXIS 11752 (5th Cir. Miss. 1971).

Where existing malapportioned county supervisors districts had been declared invalid and the case had been remanded to the trial court for further proceedings expeditiously conducted, the trial court erred in failing to explore the possibility of conducting new elections without waiting for the expiration of the terms of the supervisors holding office. Taylor v. Monroe County Board of Supervisors, 421 F.2d 1038, 1970 U.S. App. LEXIS 11212 (5th Cir. Miss. 1970).

The word “now,” as it appeared in the paragraph of Code 1942, § 2870 providing that the section should not be construed to affect any supervisor now holding office, meant the year of the passage of the act. Taylor v. Monroe County Board of Supervisors, 421 F.2d 1038, 1970 U.S. App. LEXIS 11212 (5th Cir. Miss. 1970).

County board of supervisors’ order, pursuant to 1966 amendment to Code 1942, § 2870, directing the election of county supervisors by the county at large instead of by districts constituted a change in procedure, where in all previous elections supervisors had been elected on a district basis, and the board’s order was ineffective and unenforceable in absence of the approval secured from either the attorney general of the United States or the United States District Court for the District of Columbia as required by § 5 of the Voting Rights Act of 1965 as amended. Moore v. Leflore County Board of Election Comm'rs, 351 F. Supp. 848, 1971 U.S. Dist. LEXIS 11196 (N.D. Miss. 1971).

Where county board of supervisors’ order, pursuant to 1966 amendment to Code 1942, § 2870, directing the election of county supervisors by the county at large instead of by districts constituted a change in procedure, it could not be successfully argued that the failure of the United States Attorney General to object to the at-large elections in 1967, when his office sent observers into Leflore County to observe the elections first hand and they made no objections to the change procedure, constituted acquiescence tantamount to an implied approval under § 5 of the Voting Rights Act of 1965, as amended. Moore v. Leflore County Board of Election Comm'rs, 351 F. Supp. 848, 1971 U.S. Dist. LEXIS 11196 (N.D. Miss. 1971).

Since there had been no showing that anyone had previously requested the redistricting of the malapportioned supervisors districts, and there was no showing that black voters would be prejudiced by the at-large election, then, notwithstanding the fact that the change in election procedure whereby supervisors were elected by the county at large instead of by districts was ineffective because of the failure to secure the requisite approval pursuant to § 5 of the Voting Rights Act of 1965, as amended, the court would authorize the at-large election subject to submission of a redistricting plan which would bring population disparities in districts to within constitutionally acceptable ratios. Moore v. Leflore County Board of Election Comm'rs, 351 F. Supp. 848, 1971 U.S. Dist. LEXIS 11196 (N.D. Miss. 1971).

Where federal court permitted the election of supervisors by the county at large instead of by districts notwithstanding that the change in election procedure had not been approved pursuant to § 5 of the Voting Rights Act of 1965, as amended, but the permission to hold the election was subject to the submission of a redistricting plan which would bring the population disparities in the supervisors districts within constitutionally acceptable ratios, supervisors elected at the pending election would serve only for the period of time necessary for the arrangement of a new election and until their successors had been legally chosen and qualified. Moore v. Leflore County Board of Election Comm'rs, 351 F. Supp. 848, 1971 U.S. Dist. LEXIS 11196 (N.D. Miss. 1971).

Order of county board of supervisors directing election of supervisors by vote from county at large, rather than by district, under authority of 1966 amendment to this section [Code 1942, § 2870], constituted change in voting standard, practice, or procedure requiring approval under § 5 of Voting Rights Act (42 USCA § 1973c) and was without effect pending compliance with that act; scheduled at-large election from presently malapportioned districts may proceed as scheduled, but supervisors so elected shall serve only provisionally, and for period of time needed to formulate and submit to court plan for redistricting which will bring population disparities to within constitutionally acceptable ratios and to arrange for new, special election to choose their successors. Moore v. Leflore County Board of Election Comm'rs, 351 F. Supp. 848, 1971 U.S. Dist. LEXIS 11196 (N.D. Miss. 1971).

A petition filed by electors against the board of supervisors of a county, requesting an election to decide the issue as to whether the boundary lines of the districts of the county supervisors should be changed “or whether the supervisors should run countywide” was fatally defective, as presenting an alternative action not authorized by the statute. Sims v. Board of Supervisors, 234 So. 2d 639, 1970 Miss. LEXIS 1420 (Miss. 1970).

Section 5 of the Federal Voting Rights Act of 1965 [42 USC § 1973c] which prevents the enforcement of “any voting qualification or prerequisite to voting, or standard, practice or procedure with respect to voting” different from that in force or effect on Nov. 1, 1964, unless the state or political subdivision complies with one of the section’s approval procedures, applied to the 1966 amendment to this section [Code 1942, § 2870], authorizing the board of supervisors of each county to adopt an order providing that all board members be elected at large by all qualified voters of the county. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

Section 5 of the Voting Rights Act of 1965 (42 USC § 1973c) is applicable to the 1966 amendment of this section [Code 1942, § 2870], and approval of that amendment cannot be implemented until the approval of the attorney general of the United States has been obtained. Allen v. State Bd. of Elections, 393 U.S. 544, 89 S. Ct. 817, 22 L. Ed. 2d 1, 1969 U.S. LEXIS 2378 (U.S. 1969), limited, Ryder v. United States, 515 U.S. 177, 115 S. Ct. 2031, 132 L. Ed. 2d 136, 1995 U.S. LEXIS 4039 (U.S. 1995).

In view of the fact that the attorney general of the United States, by letter dated May 21, 1969, advised the attorney general of Mississippi that an objection was interposed to the implementation of the 1966 and 1968 amendments to this section [Code 1942, § 2870], these amendments may not be implemented and are not presently in force. (Section 5 of the Voting Rights Act of 1965, 42 USC § 1973c.) Dyer v. Love, 307 F. Supp. 974, 1969 U.S. Dist. LEXIS 10958 (N.D. Miss. 1969).

The board of supervisors of Washington County does not have statutory power or authority to provide for or order at-large elections of its members. Dyer v. Love, 307 F. Supp. 974, 1969 U.S. Dist. LEXIS 10958 (N.D. Miss. 1969).

The board of supervisors of Washington County should be required to change and/or alter the board of supervisors’ districts of the county in such manner as will provide equality of population among the districts as of the time the change or alteration is made. Dyer v. Love, 307 F. Supp. 974, 1969 U.S. Dist. LEXIS 10958 (N.D. Miss. 1969).

The responsibility for changing and altering supervisors’ districts rests upon the board, and the board should accept this responsibility and come forward with a plan which makes constitutional standards; should the board fail to come forward with such a plan the district court may consider alternative plans presented by others. Dyer v. Love, 307 F. Supp. 974, 1969 U.S. Dist. LEXIS 10958 (N.D. Miss. 1969).

The rule requiring equal apportionment must be held to apply to a governing body which has the broad powers, duties, and responsibilities of the Mississippi county board of supervisors, and when the right to an equal voice in selecting the members of that body is diluted and denied by gross misapportionment, the Fourteenth Amendment affords an avenue of relief. Dyer v. Rich, 259 F. Supp. 741, 1966 U.S. Dist. LEXIS 9587 (N.D. Miss. 1966).

Where one supervisor’s district of a county contained over 63 percent of the entire population of the county while the population of the other four districts ranged from approximately three percent to 10 percent of the county’s population, such gross imbalance in the population of the several supervisor’s districts constituted a case of invidious discrimination and was violative of the “one person, one vote” rule. Dyer v. Rich, 259 F. Supp. 741, 1966 U.S. Dist. LEXIS 9587 (N.D. Miss. 1966).

The “one person, one vote” rule applies to the apportionment by population of county supervisors’ districts, for the board of supervisors is a constitutional agency vested with vast authority and responsibility by the legislature and is the effective governing body of a county. Martinolich v. Dean, 256 F. Supp. 612, 1966 U.S. Dist. LEXIS 9898 (S.D. Miss. 1966).

The fact that a board of supervisors fails to select the jury from districts proportionately does not authorize the quashing of the venire, nor the indictment. Ladner v. State, 197 So. 2d 257, 1967 Miss. LEXIS 1524 (Miss. 1967).

This section [Code 1942, § 2870] affords an adequate remedy at law precluding the issuance of an injunction against holding an election of supervisors until the county shall be redistricted. Glass v. Hancock County Election Com., 250 Miss. 40, 156 So. 2d 825, 1963 Miss. LEXIS 534 (Miss. 1963), cert. denied, 378 U.S. 558, 84 S. Ct. 1910, 12 L. Ed. 2d 1035, 1964 U.S. LEXIS 844 (U.S. 1964).

OPINIONS OF THE ATTORNEY GENERAL

When candidate’s name was placed upon the official ballot as the nominee of the democratic party for the office, he received a majority of votes cast in the general election and the ticket commissioner certified such fact to the secretary of state, the governor issued him a commission in due and legal form, and he qualified by executing bond and taking the oath prescribed by law, this entitled him prima facie, to hold the office and to participate as a member of the board of supervisors, and the other members of the board had no authority to refuse to recognize him as such member. Ops Atty Gen 1931-33, p 43.

A board of supervisors has the authority to employ professional planners and to work out a system of redistricting the county, and to pay for same out of general funds of the county. Ops Atty Gen (Opinion dated August 1, 1968, added to 1972 Code §19-3-1).

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 160-162.

Law Reviews.

Mississippi and the Voting Rights Act: 1965-1982. 52 Miss. L. J. 803, December 1982.

Miller, Who shall rule and govern? Local legislative delegations, racial politics, and the Voting Rights Act. 102 Yale L. J. 105, October 1992.

§ 19-3-3. Eligibility of supervisors.

A person shall not be a member of the board of supervisors who is not a resident freeholder in the district for which he is chosen, and the owner of real estate of the value of One Thousand Five Hundred Dollars ($1,500.00).

HISTORY: Codes, 1892, § 273; 1906, § 292; Hemingway’s 1917, § 3664; 1930, § 196; 1942, § 2871; Laws, 1968, ch. 282, § 1, eff from and after passage (approved June 10, 1968).

Cross References —

Qualifications of a member of board of supervisors, see MS Const Art. 6, § 176.

Salaries of members of board of supervisors, see §§25-3-13 et seq.

JUDICIAL DECISIONS

1. In general.

Candidate for county supervisor was a resident of another county, and thus ineligible for office under residency requirements of Miss. Const. Art. VI, § 176 and Miss. Code Ann. §19-3-3, because there was no showing that he maintained a permanent residence in the county of his candidacy, notwithstanding that the candidate grew up in that county, claimed ownership of property there, regularly visited his mother there, had registered to vote and voted there, and had other contacts to that county. Young v. Stevens, 968 So. 2d 1260, 2007 Miss. LEXIS 347 (Miss. 2007).

Low-income voters have standing to challenge constitutionality of provision that candidate for membership on county board of supervisors must be freeholder; adoption of freeholder requirement to assure quality of those elected as members of board of supervisors creates arbitrary classification based on economic factors and is unconstitutional as denial of equal protection. Williams v. Adams County Bd. of Election Comm'rs, 608 F. Supp. 599, 1985 U.S. Dist. LEXIS 19835 (S.D. Miss. 1985).

The trial court improperly denied relief in a suit to enjoin the use of certain county election districts on the ground that they perpetuated dilution of black voting strength where the unresponsiveness of officials to the needs of black citizens and the residual effects of past discrimination were evidenced by, inter alia, the poll tax, the literacy requirement, the property requirement for county officers, and the electoral mechanism of majority vote requirements. United States v. Board of Supervisors, 571 F.2d 951, 1978 U.S. App. LEXIS 11515 (5th Cir. Miss. 1978).

Prima facie right of officer armed with election by people, certificate of his election, regular on its face, and commission therefor, after due qualification, is superior to rights of one claiming to hold over into new term on ground of disqualification of newly elected officer, even though it may finally be determined in a contest that the newly elected officer has not been elected, or is ineligible to hold office. Yates v. Summers, 177 Miss. 252, 170 So. 827, 1936 Miss. LEXIS 259 (Miss. 1936).

Equity court held without jurisdiction to try by injunction right to office of county supervisor of either hold-over officer or of newly elected officer who had a certificate of election, regular on its face, and commission therefor, and who had duly qualified. Yates v. Summers, 177 Miss. 252, 170 So. 827, 1936 Miss. LEXIS 259 (Miss. 1936).

Newly elected member of board of supervisors did not waive claim to office, as against incumbent holding over on ground that newly elected member was ineligible, by accepting appointment from governor after injunctive writ had been served. Yates v. Summers, 177 Miss. 252, 170 So. 827, 1936 Miss. LEXIS 259 (Miss. 1936).

A member of the board of supervisors must be a resident freeholder of the district from which he is chosen, but while holding said office he may be out of the district part of the time if he continues to maintain a home therein. McHenry v. State, 119 Miss. 289, 80 So. 763, 1919 Miss. LEXIS 3 (Miss. 1919).

The acceptance by a member of the board of supervisors of the office of a member of the board of levee commissioners vacated the office of supervisors. Haley v. State, 108 Miss. 899, 67 So. 498, 1914 Miss. LEXIS 288 (Miss. 1914).

RESEARCH REFERENCES

ALR.

Validity of requirement that candidate or public officer have been resident of governmental unit for specified period. 65 A.L.R.3d 1048.

CJS.

20 C.J.S., Counties § 159.

§ 19-3-5. Bond to be executed by supervisor.

Each member of the board of supervisors, before entering upon the duties of his office, shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to five percent (5%) of the sum of all the state and county taxes shown by the assessment rolls and the levies to have been collectible in the county for the year immediately preceding the commencement of the term of office of said member; however, such bond shall not exceed the amount of One Hundred Thousand Dollars ($100,000.00). Furthermore, any taxpayer of the county may sue on such bond for the use of the county, and such taxpayer shall be liable for all costs in case his suit shall fail. No member of the board shall be surety for any other member.

HISTORY: Codes, 1880, § 2132; 1892, § 275; 1906, § 293; Hemingway’s 1917, § 3665; 1930, § 197; 1942, § 2871; Laws, 1986, ch. 458, § 15; Laws, 1991, ch. 604, § 2, eff from and after July 1, 1991.

Cross References —

Bonds of state officials, see §25-1-13.

Sureties on official bonds of county officers, see §§25-1-21 et seq.

When a member of the board of supervisors may make his official bond with personal sureties, see §25-1-31.

JUDICIAL DECISIONS

1. In general.

2. Taxpayer’s suit.

1. In general.

Authorization by board of supervisors of district of county was not required before bringing suit by district attorney on behalf of the county or district against a member of the board for loss resulting from his unauthorized action in permitting county’s construction equipment to be used for benefit of private individuals. Shumpert v. Lee County, 197 Miss. 513, 20 So. 2d 82, 1944 Miss. LEXIS 316 (Miss. 1944).

Liability of members of county board of supervisors on official bonds is consequential, not direct, and such liability is to indemnify county against any loss proximately caused by illegal act. GULLY v. BEW, 170 Miss. 427, 154 So. 284, 154 So. 721, 1934 Miss. LEXIS 107 (Miss. 1934).

Members of county board of supervisors lending county sinking funds on security of trust deeds in manner violating code sections held not liable for making the loans, since, in making appropriations, board members acted judicially. GULLY v. BEW, 170 Miss. 427, 154 So. 284, 154 So. 721, 1934 Miss. LEXIS 107 (Miss. 1934).

Members of county boards of supervisors held not liable for failure to collect promptly illegal loans of county sinking funds made by prior board, there being no charge that subsequent boards knew loans were unauthorized or that foreclosure of trust deeds securing them would yield insufficient proceeds or that borrower was insolvent. GULLY v. BEW, 170 Miss. 427, 154 So. 284, 154 So. 721, 1934 Miss. LEXIS 107 (Miss. 1934).

Statute respecting loan by county supervisors of sixteenth section township funds imposes its own liability for violating statute, and statute regarding supervisors’ bonds does not apply where supervisors do not comply with statutory directions. Gully v. McClellan, 170 Miss. 405, 153 So. 524, 1934 Miss. LEXIS 91 (Miss. 1934).

That official bond of member of board of supervisors was payable to county, instead of to state, as required by statute, did not exempt surety from liability thereon, since bond inured to benefit of persons whom law designated it to secure, regardless of named obligee of bond. State use of Russell v. McRae, 169 Miss. 169, 152 So. 826, 1934 Miss. LEXIS 26 (Miss. 1934).

District attorney suing for county could recover from members of board of supervisors on statutory bond given as security for illegal acts. Walton v. Colmer, 169 Miss. 182, 147 So. 331, 148 So. 635, 1933 Miss. LEXIS 3 (Miss. 1933).

There is no liability on the bonds of members of the board of supervisors for allowances made to objects authorized by law, although in making such allowances they disregarded certain directions with reference thereto. Miller v. Tucker, 142 Miss. 146, 105 So. 774, 1925 Miss. LEXIS 35 (Miss. 1925).

A supervisor is not liable for injuries caused by a defective bridge in his district, as he is not charged with the duty of actually repairing the highway. Lee v. Styles, 95 Miss. 623, 49 So. 259 (Miss. 1909).

A bond given by a member of the board of supervisors and duly approved by the proper officers was valid and binding, although the officers made an incorrect calculation of the amount of the penalty. State ex rel. Mitchell v. Smith, 87 Miss. 551, 40 So. 22 (Miss. 1905).

Court will take judicial knowledge that term of office of a member began on the first Monday of January of a certain year, and that all the taxes which were collectible for the year immediately preceding had not in fact at that date been collected. State ex rel. Mitchell v. Smith, 87 Miss. 551, 40 So. 22 (Miss. 1905).

2. Taxpayer’s suit.

Under the rule that where a special and particular statute deals with a special and particular subject, its particular terms as to that special subject control over general statutes dealing with the subject generally, the newly elected members of a county board of supervisors could not claim authority under Code 1942, §§ 2872, 2944, 2955, 4392, or 4394, to bring suit against the defeated members of the board and their sureties for allegedly illegally expended amounts, in view of the fact that Code 1942, § 9118-10 is specifically directed toward recovery of sums expended contrary to the mandate of the county budget law, and the state auditor is expressly authorized to sue for such recovery. Lincoln County v. Entrican, 230 So. 2d 801, 1970 Miss. LEXIS 1565 (Miss. 1970).

Although a supervisor’s official bond specified a penalty in a sum less than that required by the provisions of Code 1942, § 2872, both the supervisor and his surety were actually bound to the full amount of the statutorily fixed penalty. State v. Moody, 198 So. 2d 586, 1967 Miss. LEXIS 1268 (Miss. 1967).

The right of a taxpayer to bring suit on behalf of a county or the public is only such as is authorized by statute; the power extends only to suits for money paid to an object not authorized by law, and not for paying out money to an object authorized by law in violation of statutory directions. Mississippi Road Supply Co. v. Hester, 185 Miss. 839, 188 So. 281, 1939 Miss. LEXIS 158 (Miss. 1939), but see, Canton Farm Equipment, Inc. v. Richardson, 501 So. 2d 1098, 1987 Miss. LEXIS 2273 (Miss. 1987).

OPINIONS OF THE ATTORNEY GENERAL

The provisions of §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, only mandate the use of tax assessment rolls and the avails to be collected from levies thereon in calculating the amount of the bonds therein required. Bryant, January 29, 1999, A.G. Op. #99-0011.

The calculation of a bond pursuant to §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, includes all assessment rolls upon which a board of supervisors may levy ad valorem taxes. Bryant, January 29, 1999, A.G. Op. #99-0011.

The calculation pursuant to §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, includes all ad valorem tax levies listed on the certified levy sheet, including school district levies. Bryant, January 29, 1999, A.G. Op. #99-0011.

The calculation pursuant to §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, includes all classes of property upon which ad valorem taxes are levied and collected. Bryant, January 29, 1999, A.G. Op. #99-0011.

In calculating the amount of a bond pursuant to §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, the total amount of ad valorem taxes to be collected, rather than the actual amount collected, must be used. Bryant, January 29, 1999, A.G. Op. #99-0011.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties § 160.

§ 19-3-7. Organizational meeting.

The members of the board of supervisors, having given bond and taken the oath of office, shall meet at the courthouse of their county, on the first Monday in January next succeeding the election, and shall organize by electing one of their number to be president, and by electing one of their number to be vice-president, and, being so organized, and attended by the sheriff and clerk, the board may proceed to discharge its duties.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (4); 1857, ch. 59, art 4; 1871, § 1351; 1880, § 2133; 1892, § 276; 1906, § 294; Hemingway’s 1917, § 3666; 1930, § 198; 1942, § 2873; Laws, 1959 Ex Sess ch. 22, § 1.

Cross References —

Authority for majority of board of supervisors to transact business, see Miss. Const. Art. 6, § 170.

Special and adjourned meetings, see §19-3-19.

Number which shall constitute quorum, see §19-3-23.

JUDICIAL DECISIONS

1. In general.

Only the president of the board of supervisors can sign a bill of exceptions upon appeal from a judgment of said board to the circuit court, and if he refuses he may be compelled to do so by mandamus. Roach v. Tallahatchie County, 78 Miss. 303, 29 So. 93, 1900 Miss. LEXIS 132 (Miss. 1900).

OPINIONS OF THE ATTORNEY GENERAL

When a member of the board is elected as president, such president is elected for a term of four years, and unless he resigns or his office is vacated in some way the board would not be authorized to elect another member president. Ops Atty Gen 1937-39, p 57.

There is no way to excuse a member of the board from voting. If he does not want to vote he simply remains silent. Ops Atty Gen 1939-41, p 76.

A majority of the other members of the board could not compel a member to vote on any provision. He may vote or not vote as he chooses. Ops Atty Gen 1939-41, p 76.

There is no provision for a roll call of the members of the board of supervisors. However, if a member wants his vote recorded for or against any proposition, he is at liberty and is entitled to do so. Ops Atty Gen 1939-41, p 76.

The president of the board of supervisors has the same right to vote as any other member of the board. He has no additional rights. He may vote when the other members vote, or if the other members tie he may vote, or he may vote to cause a tie. However, he has only one vote on any one question. When a quorum of the board is present and one or more members fail to vote, and the other members vote for the proposition, it should be declared carried. Ops Atty Gen 1939-41, p 76.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 134-138.

§ 19-3-9. Organizational and other meetings in case of epidemics.

In case it be impracticable, in consequence of the prevalence of an epidemic at the county seat, or from other cause, for the board to meet on the first Monday in January succeeding the election, then such meeting and organization shall take place as early as it may safely be had, on the call of any three members-elect, and at such place as they may designate within the county, and for like cause any other meeting of the board of supervisors may be called by the president, or by the vice-president in the absence or disability of the president, or any three members, to meet at such place as they may designate within the county.

HISTORY: Codes, 1857, ch. 59, art 5; 1871, § 1352; 1880, § 2134; 1892, § 277; 1906, § 295; Hemingway’s 1917, § 3667; 1930, § 199; 1942, § 2874; Laws, 1959 Ex Sess ch. 22, § 2.

Cross References —

Removal of local governments in emergencies, see §§17-7-1 et seq.

Invalidity of “hold harmless” clauses in public and private construction contracts, see §31-5-41.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 134-138.

§ 19-3-11. Regular meetings in counties having one court district.

In counties having only one (1) court district, the board of supervisors shall hold regular meetings at the courthouse or in the chancery clerk’s office in those counties where the chancery clerk’s office is in a building separate from the courthouse. However, the board of supervisors may meet in any other county-owned building if such building is located within one (1) mile of the courthouse and if, more than thirty (30) days prior to changing the meeting place, the board posts a conspicuous, permanent notice to that effect in the chancery clerk’s office and in one (1) other place in the courthouse, publishes notice thereof in a newspaper published in the county, or if there be no newspaper published in the county, then in a newspaper having general circulation in the county, once each week, for at least three (3) consecutive weeks, and enters an order upon its minutes designating and describing in full the building and room to be used as the meeting room of the board of supervisors. The board of supervisors shall meet on the first Monday of each month. However, when such meeting date falls on a legal holiday, then the said meeting shall be held on the succeeding day.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (5); 1857, ch. 59, art 6; 1871, § 1353; 1880, § 2135; 1892, § 278; 1906, § 296; Hemingway’s 1917, § 3668; 1930, § 200; 1942, § 2875; Laws, 1904, ch. 136; Laws, 1916, ch. 242; Laws, 1958, ch. 215, § 1; Laws, 1980, ch. 534, eff from and after passage (approved May 26, 1980).

Cross References —

Location of meetings when emergency results from threat of enemy attack, see §17-7-1.

Regular meetings when there are two court districts, see §19-3-13.

Special and adjourned meetings, see §19-3-19.

Requirement of open and public meetings, see §§25-41-1 et seq.

JUDICIAL DECISIONS

1. In general.

This statute furnishes constructive notice to the general public as to all regular meetings of boards of supervisors and no other notice is required, except where specifically required by statute or in unusual circumstances, in order for the boards to conduct their business; Special notice was not required prior to the execution of renewal leases on 16th section lands. Tally v. Board of Supervisors, 323 So. 2d 547, 1975 Miss. LEXIS 1566 (Miss. 1975).

Holding that minutes of a board of supervisors are legally signed on the day following that fixed by law, where such day is a holiday. Gordon v. Monroe County, 244 Miss. 849, 147 So. 2d 126, 1962 Miss. LEXIS 515 (Miss. 1962).

Requirement of this section [Code 1942, § 2875] that state boards of supervisors hold their regular meetings on first Monday in each month applies only to counties having one court district. Caruthers v. Panola County, 205 Miss. 403, 38 So. 2d 902, 1949 Miss. LEXIS 438 (Miss. 1949).

Meeting of board of supervisors on first Monday of month, which had been time fixed for regular meetings before amendment of statute omitted time therefor, being valid, tax assessment thereat was valid. Wade v. Woodward, 166 Miss. 406, 145 So. 737, 1933 Miss. LEXIS 326 (Miss. 1933).

Where the clerk of the board of supervisors attends their meeting in the courthouse, the same is legally his office for that purpose, although as “chancery clerk” he had an office not in the courthouse. Johnson v. Board of Sup'rs, 113 Miss. 435, 74 So. 321, 1917 Miss. LEXIS 119 (Miss. 1917).

A meeting of a board of supervisors held in a chancery clerk’s office, in a separate building from the courthouse, although in the courthouse yard, was illegal, and a lease of a sixteenth section made at such a meeting was void, prior to the statute authorizing a meeting at such place. Sexton v. Board of Sup'rs, 86 Miss. 380, 38 So. 636 (Miss. 1905).

The board, after final adjournment, is without power ordinarily to reverse or vacate its judicial acts. Keenan v. Harkins, 82 Miss. 709, 35 So. 177, 1903 Miss. LEXIS 190 (Miss. 1903).

Prior to Laws 1904 ch. 136, the board of supervisors were not authorized to meet and transact business in any other place than the courthouse. Harris v. State, 72 Miss. 960, 18 So. 387, 1895 Miss. LEXIS 42 (Miss. 1895).

A courthouse is a house where courts are held, and “at the courthouse” has a crystallized and settled meaning in this connection, and means at the “building occupied and appropriated according to law for the holding of the courts.” Harris v. State, 72 Miss. 960, 18 So. 387, 1895 Miss. LEXIS 42 (Miss. 1895).

A caption of the minutes of a board of supervisors that their meeting was held in the office of the chancery clerk does not import that the session was in fact held at the courthouse. State ex rel. Attorney Gen. v. Harris, 18 So. 123 (Miss. 1895).

OPINIONS OF THE ATTORNEY GENERAL

A Board of Supervisors may not hold or transact official acts outside the County in which they were elected. Also, see Sections 25-41-1 et seq. Ellis, March 1, 1995, A.G. Op. #95-0119.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 138, 141 et seq.

CJS.

20 C.J.S., Counties §§ 134-138.

§ 19-3-13. Regular meetings in counties having two court districts.

In counties having two court districts, the board of supervisors shall hold regular meetings on the first Monday of each month; and in such counties where only one regular meeting of the board of supervisors is held in each month, the board of supervisors shall hold its first meeting in each year at the courthouse or in the chancery clerk’s office, where the chancery clerk’s office is in a building separate from the courthouse, of the first district, on the first Monday of January, and shall hold its second meeting at the courthouse or in the chancery clerk’s office, where the chancery clerk’s office is in a building separate from the courthouse, of the second district, on the first Monday of February, and shall alternate thereafter.

In counties having two court districts, the board of supervisors may hold two regular meetings in each month, and in such counties, where the board of supervisors elects to hold two regular meetings in each month, the board of supervisors shall hold its first meeting in each month at the courthouse or in the chancery clerk’s office, where the chancery clerk’s office is in a building separate from the courthouse, of the first district, on the first Monday of each month, and shall hold its second meeting at the courthouse or in the chancery clerk’s office, where the chancery clerk’s office is in a building separate from the courthouse, of the second district, on the second Monday of each month.

If the board of supervisors in any such county shall elect to hold two regular meetings in each month, as herein provided, the board shall enter an order upon its minutes to that effect and shall give at least five days’ notice thereof by posting copies of such notice at the courthouse door of each district, and after giving such notice the board shall hold regular meetings each month in each district as provided in this section.

However, in counties having two court districts where the board of supervisors has heretofore pursuant to law elected to hold two regular meetings a month, the board of supervisors may continue to hold two such regular meetings each month, as heretofore provided for, and no further order or notice of such meetings shall be required.

Moreover, in those counties having two judicial districts, where the act creating the two districts provides otherwise, the board of supervisors may continue to hold regular meetings as required by the act creating the two districts.

When any such meeting date falls on a legal holiday, then the said meeting shall be held on the succeeding day.

HISTORY: Codes, 1892, § 279; 1906, § 297; Hemingway’s 1917, §§ 3669, 3670; 1930, § 201; 1942, § 2876; Laws, 1916, ch. 242; Laws, 1958, ch. 215, § 2.

Cross References —

Location of meetings when emergency results from threat of enemy attack, see §17-7-1.

Regular meetings when there is only one court district, see §19-3-11.

Meetings of board of supervisors at Gulfport and Biloxi, see §19-3-15.

Special and adjourned meetings, see §19-3-19.

Requirement of open and public meetings, see §§25-41-1 et seq.

JUDICIAL DECISIONS

1. In general.

Two regular monthly meetings may be held by board of supervisors in a county divided into two court districts, when legislative act dividing county into two court districts requires holding of alternate meetings, but does not require holding of alternate monthly meetings. Caruthers v. Panola County, 205 Miss. 403, 38 So. 2d 902, 1949 Miss. LEXIS 438 (Miss. 1949).

It is not necessary that minutes of every regular meeting of board of supervisors in second district of county divided into two court districts affirmatively adjudicate fact to be that board has theretofore elected to hold and has given notice of its intention to hold two regular meetings in each month, and its acts, as reflected by its minutes, are not void by board’s failure to so adjudicate at each and every meeting. Caruthers v. Panola County, 205 Miss. 403, 38 So. 2d 902, 1949 Miss. LEXIS 438 (Miss. 1949).

Presumption in absence of proof to contrary that public officers perform their duty in manner required by law applies to meetings of boards of supervisors and burden is upon person challenging legality thereof to show that meeting is illegal. Caruthers v. Panola County, 205 Miss. 403, 38 So. 2d 902, 1949 Miss. LEXIS 438 (Miss. 1949).

Lack of authority in board of supervisors of county divided into two court districts to hold regular meetings in second district on second Monday in each month is not shown by failure of minutes of meeting of board to affirmatively show board had theretofore so elected, as burden of establishing invalidity of meeting is upon party asserting it to show board had not in fact so elected. Caruthers v. Panola County, 205 Miss. 403, 38 So. 2d 902, 1949 Miss. LEXIS 438 (Miss. 1949).

Petitioner for writ of certiorari to review proceedings of board of supervisors of county divided into two court districts has right to show that board has never adopted order for holding of regular meetings in second district on second Monday of each month and on failure to make such showing he cannot contend orders of board of supervisors are void because they fail to show lawful authority for holding meetings at which orders were adopted. Caruthers v. Panola County, 205 Miss. 403, 38 So. 2d 902, 1949 Miss. LEXIS 438 (Miss. 1949).

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 138, 141 et seq.

CJS.

20 C.J.S., Counties §§ 134-138.

§ 19-3-15. Meetings of board in Harrison County.

In Harrison County, a county having two judicial districts, the board of supervisors shall hold their meetings or sessions at the time required and provided for by law, alternately at Gulfport and Biloxi, respectively, at the seats of justice of the judicial districts, holding their first meeting or session as to the second judicial district, at Gulfport and their jurisdiction shall extend over the entire county at all times, just as if it were not divided into two separate districts.

HISTORY: Codes, 1942, § 2910-12; Laws, 1962, ch. 257, § 12, eff from and after passage (approved June 1, 1962).

Cross References —

Regular meetings when there are two court districts, see §19-3-13.

Requirement of open and public meetings, see §§25-41-1 et seq.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 138, 141 et seq.

§ 19-3-17. Length of sessions; recesses.

At regular meetings for the transaction of business, the board of supervisors may sit for a period not longer than ten days in any one month. At meetings for the transaction of business under the revenue laws, the board may continue in session as long as business may require. However, in counties having a population of more than forty thousand, and in counties having two court districts, the board may continue in session at any other regular meeting than revenue meetings for a period not longer than twelve days in any one month. Furthermore, the board of supervisors may recess from time to time, subject to the limitation herein provided, to convene on a day fixed by an order of the board entered on its minutes, and may transact any business coming before it for consideration.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (5); 1857, ch. 59, art 6; 1871, § 1353; 1880, § 2135; 1892, § 278; 1906, § 296; Hemingway’s 1917, § 3668; 1930, § 202; 1942, § 2877; Laws, 1904, ch. 136; Laws, 1916, ch. 242; Laws, 1935, ch. 62; Laws, 1950, ch. 245.

JUDICIAL DECISIONS

1. In general.

2. Failure to sign minutes.

1. In general.

The provision for the recessing of meetings applies with equal force to regular meetings as to meetings for the transaction of business under the revenue laws. In re Validation of $30,000 Road & Bridge Bonds, 242 Miss. 125, 133 So. 2d 267, 1961 Miss. LEXIS 538 (Miss. 1961).

A board of supervisors must state in its minutes and order the business to be transacted at an adjourned meeting only if it is one to be held after final adjournment of the regular monthly meeting, irrespective of whether the full time allotted for the regular monthly meeting has expired. In re Validation of $30,000 Road & Bridge Bonds, 242 Miss. 125, 133 So. 2d 267, 1961 Miss. LEXIS 538 (Miss. 1961).

That a board’s minutes state that a meeting was “adjourned”, rather than recessed, does not bring into operation the requirement that the business to be transacted must be stated, where it is apparent that there was a suspension rather than a termination of the meeting. In re Validation of $30,000 Road & Bridge Bonds, 242 Miss. 125, 133 So. 2d 267, 1961 Miss. LEXIS 538 (Miss. 1961).

This section [Code 1942, § 2877] and Code 1942, §§ 9786, 9789 and 9791, dealing with the assessments of property for purposes of taxation and revenue are in pari materia and must be construed together and, if possible, read into each other, so as to make a consistent whole. Beard v. Stanley, 205 Miss. 723, 39 So. 2d 317, 1949 Miss. LEXIS 462 (Miss. 1949).

Manifest intention of Legislature in enacting Code 1942, § 2877, permitting board of supervisors to remain in session as long as business requires, Code 1942, § 9786, providing board shall complete equalization at least ten days before August meeting, Code 1942, § 9789, providing that board shall meet on first Monday of August to hear objections, and Code 1942, § 9791, providing that if board fails to perform any duty in reference to assessment roll at time required by law, duty shall be performed at later date, is to require completion of equalization of assessments at least ten days before sitting of board of supervisors to hear objections to assessments and to give taxpayer period of ten days in which to examine roll and determine whether his assessment is fair, equal and uniform, and determine whether he desires to file any objection thereto; and subject to these rights of taxpayer, it is intention of legislature that board should have full opportunity and full power to validly, equally and uniformly assess all property so as to constitute valid assessment to the end that revenue by taxation might be forthcoming to meet necessary expenses of government. Beard v. Stanley, 205 Miss. 723, 39 So. 2d 317, 1949 Miss. LEXIS 462 (Miss. 1949).

Where the board of supervisors continued in session in under this section in equalizing assessments until July 27, and gave notice that objections to assessments would be heard on August 6, such assessment was valid notwithstanding Code 1942, § 9786, providing that the board should complete equalization of taxes at least ten days before the August meeting, and Code 1942, § 9789, providing that board should hold a meeting on first Monday of August to hear objections to assessments, which fell on August 3rd, since the latter two sections had to be read in connection with Code 1942, § 9796, which provides that if the board fails to perform its duty in reference to assessment poll on time, the duty should be performed later. Beard v. Stanley, 205 Miss. 723, 39 So. 2d 317, 1949 Miss. LEXIS 462 (Miss. 1949).

Under Code 1942, §§ 9786, 9789, 9791, and this section [Code 1942, § 2877], when it is necessary for board of supervisors to continue in session in equalizing assessments until July 27th because business requires it, board is authorized to hear objections to assessments on August 6th, although first Monday of August is on 3rd, when proper notice is given by board at its July meeting of hearing of objections on August 6th. Beard v. Stanley, 205 Miss. 723, 39 So. 2d 317, 1949 Miss. LEXIS 462 (Miss. 1949).

There must be substantial, strict compliance with this section [Code 1942, § 2877] by a board of supervisors. Byrd v. Byrd, 193 Miss. 249, 8 So. 2d 510, 1942 Miss. LEXIS 113 (Miss. 1942).

The board of supervisors may continue in session as long as business may require at meetings for the transaction of business under the revenue law, but this authority does not apply to other meetings. Davis v. Grice, 141 Miss. 412, 106 So. 631, 1926 Miss. LEXIS 435 (Miss. 1926).

2. Failure to sign minutes.

This section [Code 1942, § 2877] and Code 1942, § 2886, providing that the minutes of each day shall be read and signed by president before final adjournment of board are in pari materia and must be construed together, and, if possible, read into each other, so as to make a consistent whole. Hendrix v. Foote, 205 Miss. 1, 38 So. 2d 111, 1948 Miss. LEXIS 217 (Miss. 1948).

The board of supervisors can meet for transaction of business under the revenue law and recess from day to day without signing minutes for any day’s meeting, and, provided minutes are signed on last day, terms of both Code 1942, §§ 2877 and §§ 2886 are literally complied with. Hendrix v. Foote, 205 Miss. 1, 38 So. 2d 111, 1948 Miss. LEXIS 217 (Miss. 1948).

Failure of president of board of supervisors, meeting to transact business under revenue law, to sign minutes of board for July 13, recessing to convene on July 15, does not invalidate order of board, entered on July 15, approving real property assessment roll, minutes for July 15 being duly signed, and it is only unsigned minutes of July 13 which are invalidated. Hendrix v. Foote, 205 Miss. 1, 38 So. 2d 111, 1948 Miss. LEXIS 217 (Miss. 1948).

Failure of president of board to sign minutes for meeting designating a future date for reconvening of the board deprived the board of power to reconvene on that date, and consequently liquor election ordered by the board on the reconvening date was void, notwithstanding that the minutes of the reconvening date were signed by the president. Brand v. Board of Sup'rs, 198 Miss. 131, 21 So. 2d 579, 1945 Miss. LEXIS 175 (Miss. 1945).

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 134-138.

§ 19-3-19. Special, emergency and adjourned meetings.

  1. The board of supervisors may, at a regular meeting, by an order on its minutes, adjourn to meet at any time it may determine upon.
  2. The president, or the vice president in the absence or disability of the president, or any three (3) members of the board, may call special meetings when deemed necessary. Notice shall be given of all special meetings, for at least five (5) days, by advertisement posted at the courthouse door, or published in a newspaper of the county, and the notice thereof, whether posted or published in a newspaper, shall be entered in full on the minutes of said meeting. The notice of a special meeting, shall specify each matter of business to be transacted thereat, and at such special meetings business shall not be transacted which is not specified in the order or notice for such meeting.
  3. The president, or the vice president in the absence or disability of the president, or any two (2) members of the board, may by written notice, call an emergency meeting of the board of supervisors in cases of an emergency arising as a result of serious damage to county property, or to roads or bridges, or emergencies arising as a result of epidemic conditions or weather conditions. The notice shall state the time of the meeting and distinctly specify the subject matters of business to be acted upon and be signed before a notary by the officer or officers calling the meeting. At least three (3) hours before the time fixed for the meeting, notice shall be personally delivered to the members of the board who have not signed it and who can be found. The notice shall also be posted at the courthouse door at least three (3) hours before the time fixed for the meeting. If a member of the board cannot be found to complete the personal delivery of the notice, the president, vice president or any one of the two (2) members of the board calling an emergency meeting shall make every attempt, within the applicable notice period, to contact the board member that was not personally found by other available means, including, but not limited to, telephone or e-mail. The method of notice used to call the meeting shall be entered on the minutes of the emergency meeting, and business not specified in the notice shall not be transacted at the meeting.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (5); 1857, ch. 59, art 6; 1871, § 1353; 1880, § 2135; 1892, § 280; 1906, § 298; Hemingway’s 1917, § 3671; 1930, § 203; 1942, § 2878; Laws, 1950, ch. 243; Laws, 1959 Ex Sess ch. 22, § 3; Laws, 2012, ch. 354, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment, in (2), deleted the former fourth sentence, which read: “However, in cases of emergency arising as a result of serious damage to county property, or to roads or bridges, or as a result of epidemic, or where immediate action is required for the repair or reconstruction of county roads or bridges, special meetings of the board of supervisors may be called, as provided herein, for the purpose of considering such emergency matters and taking appropriate action with reference thereto, upon twenty-four hours’ notice given to each member of the board of supervisors in person, or by leaving a copy thereof at his usual place of residence,” deleted “The order providing for an adjourned meeting, and” preceding “The notice of a special meeting,” and deleted “adjourned or‘ following “transacted thereat, and at such”; and added (3).

Cross References —

Location of meetings whenever emergency results from threat of enemy attack, see §17-7-1.

Requirement of open and public meetings, see §§25-41-1 et seq.

Special or adjourned meetings to hear objections to assessments, see §27-35-95.

JUDICIAL DECISIONS

1. Special meetings.

2. Adjourned meetings.

1. Special meetings.

A special meeting may be called for a time while the board of supervisors is in recess during the regular monthly meetings, or it may be set for a time in a future month. In re Validation of $30,000 Road & Bridge Bonds, 242 Miss. 125, 133 So. 2d 267, 1961 Miss. LEXIS 538 (Miss. 1961).

Where a county, which had become the purchaser of land upon foreclosure of a deed of trust held by it, and had received a deed thereto from a subsequent trustee, but had obtained no title because the substitution of the trustee was not made a matter of record as required by statute, sold the land under an order of the board of supervisors, which was void in that the order had been made at a special meeting, the call for which failed to make provision, either expressly or impliedly, for taking up the matter of the sale and conveyance of the land, a later valid foreclosure of the trust deed and the purchase by the county did not inure to the benefit of the would-be purchaser under the void sale by the board, so as to render her title good, since such would-be purchaser had been affected with notice of the illegality of the first foreclosure and the conveyance following it made to her, and persons dealing with members of the board of supervisors, who are trustees for the public and bound by the limitations fixed by law on their powers, must take notice of their powers and cannot acquire rights where they are acting beyond their authority. Simpson County v. Floyd, 192 Miss. 501, 6 So. 2d 580, 1942 Miss. LEXIS 41 (Miss. 1942).

The board, after final adjournment, is without power ordinarily to reverse or vacate its judicial acts. Keenan v. Harkins, 82 Miss. 709, 35 So. 177, 1903 Miss. LEXIS 190 (Miss. 1903).

If the minutes of the board at a special meeting be silent as to notice, it will be presumed, in the absence of evidence to the contrary, that the notice was given. Corburn v. Crittenden, 62 Miss. 125, 1884 Miss. LEXIS 33 (Miss. 1884).

The record need not show the notice, but it is advisable that it should do so. Williams v. Cammack, 27 Miss. 209, 1854 Miss. LEXIS 33 (Miss. 1854).

A levy of taxes at a special meeting held without previous notice is void. Doe ex dem. Doe ex dem. Jones v. Burford, 26 Miss. 194, 1853 Miss. LEXIS 73 (Miss. 1853).

2. Adjourned meetings.

A board of supervisors must state in its minutes and order the business to be transacted at an adjourned meeting only if it is one to be held after final adjournment of the regular monthly meeting, irrespective of whether the full time allotted for the regular monthly meeting has expired. In re Validation of $30,000 Road & Bridge Bonds, 242 Miss. 125, 133 So. 2d 267, 1961 Miss. LEXIS 538 (Miss. 1961).

A board of supervisors need not specify on its minutes the business to be transacted on a day to which a regular meeting has been recessed. In re Validation of $30,000 Road & Bridge Bonds, 242 Miss. 125, 133 So. 2d 267, 1961 Miss. LEXIS 538 (Miss. 1961).

There must be substantial, strict compliance with this section [Code 1942, § 2878] by a board of supervisors. Byrd v. Byrd, 193 Miss. 249, 8 So. 2d 510, 1942 Miss. LEXIS 113 (Miss. 1942).

Where the order for a three-day adjournment of a board of supervisors’ meeting specified no particular business that would be taken up and considered at the adjourned meeting, action taken at the adjourned meeting regarding equalization of tax assessments was void. Byrd v. Byrd, 193 Miss. 249, 8 So. 2d 510, 1942 Miss. LEXIS 113 (Miss. 1942).

Where the regular session of the board of supervisors began on July 7th, and the board provided for consideration of equalization of assessments until completion thereof, and then recessed from July 9th to July 14th, without specifying nature of business to be transacted on July 14th, the meeting on July 14th did not constitute an adjourned meeting within the purview of statute requiring order for adjournment to specify the business to be transacted thereat and proceedings of the board on latter date were valid. Luxich v. State, 8 So. 2d 510 (Miss. 1942).

Order disallowing city’s claim for road taxes collected by county, made at adjourned meeting of board of supervisors, order for which failed to specify claim as matter of business to be transacted thereat, held invalid. City of Grenada v. Grenada County, 167 Miss. 814, 150 So. 657, 1933 Miss. LEXIS 156 (Miss. 1933).

Consent of all parties to hearing of city’s claim for road taxes collected by county at adjourned meeting of board of supervisors, order for which failed to specify claim as matter of business to be transacted thereat, held not to validate order disallowing claim so that appeal could be taken therefrom. City of Grenada v. Grenada County, 167 Miss. 814, 150 So. 657, 1933 Miss. LEXIS 156 (Miss. 1933).

Approval of assessment rolls of first district at board’s adjourned meeting in second district of county was nullity. Hunter v. Bennett, 149 Miss. 368, 115 So. 204, 1928 Miss. LEXIS 16 (Miss. 1928).

By order on its minutes the board of supervisors may adjourn to meet at any time it may determine, but at such adjourned meeting it can only transact such business as the order making the adjourned meeting specifies. Davis v. Grice, 141 Miss. 412, 106 So. 631, 1926 Miss. LEXIS 435 (Miss. 1926).

Board of supervisors had no authority to hold an adjourned meeting at a time not appointed by law, and any acts done by the board at such illegal meeting were invalid. Wolfe v. Murphy, 60 Miss. 1, 1882 Miss. LEXIS 1 (Miss. 1882).

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

CJS.

20 C.J.S., Counties §§ 134-138.

§ 19-3-21. Presiding officer.

The president or vice-president in the absence or disability of the president, shall preside at all meetings of the board, and if they both be absent or disabled, the board may elect another member to preside during the absence of the president and vice-president.

HISTORY: Codes, 1857, ch. 59, art 7; 1871, § 1354; 1880, § 2136; 1892, § 281; 1906, § 299; Hemingway’s 1917, § 3672; 1930, § 204; 1942, § 2879; Laws, 1959 Ex Sess ch. 22, § 4.

Cross References —

Election of president, see §19-3-7.

Requirement that president read and sign minutes, see §19-3-27.

Approval of bonds of county officers by president, see §25-1-19.

§ 19-3-23. Quorum; fine for nonattendance.

Three (3) members of the board of supervisors shall constitute a quorum; and in case that number should not attend on the first day of any regular, adjourned or special meeting, the sheriff may adjourn the meeting from day to day until a quorum is present. A member failing to attend any meeting, having notice thereof, shall be fined Five Dollars ($5.00) per day for each day he may be absent, for which the clerk shall enter judgment nisi; and unless a sufficient excuse be made at the next meeting of the board, execution shall issue for the fine, which shall be paid into the county treasury. No allowance shall be made and no warrants shall be issued to such member until the fine and all costs are paid.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (1, 9); 1857, ch. 59, art 8; 1871, § 1355; 1880, § 2137; 1892, § 282; 1906, § 300; Hemingway’s 1917, § 3673; 1930, § 205; 1942, § 2880; Laws, 1990, ch. 419, § 1, eff from and after passage (approved March 15, 1990).

Cross References —

Authority for majority of members of board of supervisors to transact business, see Miss. Const. Art. 6, § 170.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions § 143.

CJS.

20 C.J.S., Counties §§ 134-138.

§ 19-3-25. Sheriff to attend meetings.

The sheriff of the county shall attend all meetings of the board of supervisors, either in person or by deputy, and shall execute all its process and orders.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (7); 1857, ch. 59, art 10; 1871, § 1357; 1880, § 2139; 1892, § 284; 1906, § 302; Hemingway’s 1917, § 3675; 1930, § 208; 1942, § 2883; Laws, 1968, ch. 361, § 63, eff from and after January 1, 1972.

Cross References —

Requirement that sheriff attend sessions of circuit and chancery courts, see §19-25-35.

OPINIONS OF THE ATTORNEY GENERAL

Board of Supervisors may go into executive session without sheriff and decision of whether sheriff should leave meeting at this point is left to discretion of board of supervisors. Pickett, March 9, 1994, A.G. Op. #94-0129.

§ 19-3-27. Duties of clerk of board of supervisors; signing of minutes.

It shall be the duty of the clerk of the board of supervisors to keep and preserve a complete and correct record of all the proceedings and orders of the board. He shall enter on the minutes the names of the members who attend at each meeting, and the names of those who fail to attend. He shall safely keep and preserve all records, books, and papers pertaining to his office, and deliver them to his successor when required. The minutes of each day’s proceedings shall either (a) be read and signed by the president or the vice president, if the president is absent or disabled so as to prevent his signing of the minutes, on or before the first Monday of the month following the day of adjournment of any term of the board of supervisors; or (b) be adopted and approved by the board of supervisors as the first order of business on the first day of the next monthly meeting of the board.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (6); 1857, ch. 59, art 14; 1871, § 1361; 1880, § 2142; 1892, § 287; 1906, § 305; Hemingway’s 1917, § 3678; 1930, § 211; 1942, § 2886; Laws, 1946, ch. 305; Laws, 1959 Ex ch. 22, § 5; Laws, 1960, ch. 189; Laws, 1966, ch. 291, § 1; Laws, 1989, ch. 337, § 1, eff from and after October 1, 1989.

Cross References —

Clerk of chancery court being clerk of board of supervisors, see Miss. Const. Art. 6, § 170.

Bond and duties of clerk acting as clerk of chancery court, see §§9-5-131 et seq.

Duties of clerk under county budget law, see §§19-11-1 et seq.

Power of board of supervisors to reestablish lost records, see §25-55-17.

Homestead exemption duties, see §27-33-35.

JUDICIAL DECISIONS

1. In general.

2. Necessity and sufficiency of minutes.

3. —Reading and signing of minutes.

4. —Particular matters.

1. In general.

This section [Code 1942, § 2886] and Code 1942, § 2877, providing that board of supervisors may recess meetings for transaction of business under revenue law to convene on a day fixed by order of board entered on its minutes are in pari materia and must be construed together, and, if possible, read into each other, so as to make a consistent whole. Hendrix v. Foote, 205 Miss. 1, 38 So. 2d 111, 1948 Miss. LEXIS 217 (Miss. 1948).

A county board of supervisors is a court of record, since it is required to keep minutes of its proceedings. Gardner v. Price, 197 Miss. 831, 21 So. 2d 1, 1945 Miss. LEXIS 315 (Miss. 1945).

2. Necessity and sufficiency of minutes.

Boards of supervisors can bind counties, or districts therein, only when acting within their authority and in the mode and manner by which this authority is to be exercised under the statutes, and their contracts and every other substantial action taken by them must be evidenced by entries on their minutes, and can be evidenced in no other way. Board of Sup'rs v. Dawson, 208 Miss. 666, 45 So. 2d 253, 1950 Miss. LEXIS 283 (Miss. 1950).

Minutes of county board of supervisors are the exclusive evidence of what the board has done. Martin v. Newell, 198 Miss. 809, 23 So. 2d 796, 1945 Miss. LEXIS 251 (Miss. 1945); Smith v. Board of Sup'rs, 124 Miss. 36, 86 So. 707, 1920 Miss. LEXIS 492 (Miss. 1920).

The minutes of boards of supervisors reciting their orders and judgments, like those of justices of the peace, will be looked upon with indulgence, and though unskillfully drawn, will be legally sufficient if their meaning can be ascertained by fair and reasonable interpretation. Martin v. Board of Supervisors, 181 Miss. 363, 178 So. 315, 1938 Miss. LEXIS 80 (Miss. 1938); Noxubee County v. Long, 141 Miss. 72, 106 So. 83, 1925 Miss. LEXIS 209 (Miss. 1925).

An order of the board of supervisors is necessary to authorize the clerk of the board to amend a former order. Campbell v. Humphreys County, 133 Miss. 410, 97 So. 722, 1923 Miss. LEXIS 145 (Miss. 1923).

The board of supervisors has no authority to enter an order as of a prior term. Board of Sup'rs v. Parks, 132 Miss. 752, 96 So. 466, 1923 Miss. LEXIS 60 (Miss. 1923).

The minutes of the board of supervisors cannot be varied by the testimony of the individual members of the board. Smith v. Board of Sup'rs, 124 Miss. 36, 86 So. 707, 1920 Miss. LEXIS 492 (Miss. 1920).

3. —Reading and signing of minutes.

The requirement of this section [Code 1942, § 2886] is met, where the first Monday falls on a legal holiday, by a signing on the following day. Gordon v. Monroe County, 244 Miss. 849, 147 So. 2d 126, 1962 Miss. LEXIS 515 (Miss. 1962).

The statutory requirement for the president of the board to sign the minutes before the final adjournment of the term is mandatory, where the board is equalizing assessment rolls, which can only be initiated at the July meeting, and such tax matters required by law to be transacted only at the July meeting cannot be ratified by signing or approving the July minutes at the August meeting. Wilson v. Eckles, 232 Miss. 577, 99 So. 2d 846, 1958 Miss. LEXIS 305 (Miss. 1958).

Where the minutes of the board of supervisors at the July 1932 term during which the board equalized the assessment rolls, were not approved and signed by the president of the board, but the adjourning minutes were signed by the chancery clerk, the assessment and the tax sales based thereon were void. Wilson v. Eckles, 232 Miss. 577, 99 So. 2d 846, 1958 Miss. LEXIS 305 (Miss. 1958).

The board of supervisors can meet for transaction of business under the revenue law and recess from day to day without signing minutes for any day’s meeting, and, provided minutes are signed on last day, terms of both Code 1942, §§ 2877 and 2886 are literally complied with. Hendrix v. Foote, 205 Miss. 1, 38 So. 2d 111, 1948 Miss. LEXIS 217 (Miss. 1948).

Failure of president of board of supervisors, meeting to transact business under revenue law, to sign minutes of board for July 13, recessing to convene on July 15, does not invalidate order of board, entered on July 15, approving real property assessment roll, minutes for July 15 being duly signed, and it is only unsigned minutes of July 13 which are invalidated. Hendrix v. Foote, 205 Miss. 1, 38 So. 2d 111, 1948 Miss. LEXIS 217 (Miss. 1948).

Where proof, which went in without objection in trial courts, disclosed affirmatively that the minutes of the meeting of the board of supervisors of Jones County at Ellisville, at which order approving assessment rolls of the first judicial district of such county was entered, were not signed by the president of the board as required by law, effect of failure to sign the minutes on the validity of the assessment and subsequent tax sale of land assessed was sufficiently raised by former owner’s denial of legality of the assessment as alleged in the original bill and cross bill of the state in suit to confirm tax title. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

Where the only sitting of the board of supervisors of Jones County at Ellisville in the First Judicial District during August was on a specific date at which an order was entered for approval of the assessment roll for lands in the First Judicial District, and the minutes for such meeting were not signed by the president of the board, the assessment and subsequent tax sale based thereon were void, and state acquired no title by virtue of such sale as to warrant confirmation thereof either by the state or persons claiming through purchasers from the state. Merchants & Mfgs. Bank v. State, 200 Miss. 291, 25 So. 2d 585, 1946 Miss. LEXIS 293 (Miss. 1946).

Finding of trial court that order of board of supervisors ordering referendum election upon issue whether traffic in beer and light wines should be excluded from county was properly and timely signed by the president of the board, was not manifestly wrong or without sufficient basis so as to require reversal. Miller v. Board of Sup'rs, 198 Miss. 320, 22 So. 2d 372, 1945 Miss. LEXIS 200 (Miss. 1945).

Failure of president of board to sign minutes for meeting designating a future date for reconvening of the board deprived the board of power to reconvene on that date, and consequently liquor election ordered by the board on the reconvening date was void, notwithstanding that the minutes of the reconvening date were signed by the president. Brand v. Board of Sup'rs, 198 Miss. 131, 21 So. 2d 579, 1945 Miss. LEXIS 175 (Miss. 1945).

The requirement of this section [Code 1942, § 2886] that the president of the board shall sign the minutes before adjournment of a meeting is mandatory. Gardner v. Price, 197 Miss. 831, 21 So. 2d 1, 1945 Miss. LEXIS 315 (Miss. 1945); Brand v. Board of Sup'rs, 198 Miss. 131, 21 So. 2d 579, 1945 Miss. LEXIS 175 (Miss. 1945).

Entry on the minutes of county board of supervisors at its August meeting, that “all minutes of the regular and continued July, 1930 meetings were read and approved,” constituted sufficient proof that the president of the board did not sign the minutes of the July meeting before the final adjournment of that meeting as required by this section [Code 1942, § 2886], in view of the practice of the board to have the minutes of a meeting read and approved at the succeeding meeting. Gardner v. Price, 197 Miss. 831, 21 So. 2d 1, 1945 Miss. LEXIS 315 (Miss. 1945).

Fact that the minutes of county board of supervisors at its July meeting were not signed by the president of the board before final adjournment of that meeting as required by this section [Code 1942, § 2886], but were read, approved and signed at the succeeding August meeting, did not render invalid those acts transacted by the board at the July meeting which it had authority to transact at the August meeting, although such acts became effective when the minutes were signed at the August meeting. Gardner v. Price, 197 Miss. 831, 21 So. 2d 1, 1945 Miss. LEXIS 315 (Miss. 1945).

Where equalization of taxes could only be initiated at July meeting of county board of supervisors after examination and notice to the taxpayers ordered at that meeting to appear at the August meeting to present objections, failure of the president of the board to sign the minutes of the July meeting before final adjournment as required by this section [Code 1942, § 2886] invalidated the act of the board at the July meeting relating to tax assessments, and consequently tax sale and patent predicated thereon were void, notwithstanding that the minutes of the July meeting were approved and signed at the August meeting, since such tax matters required by law to be transacted only at the July meeting could not be ratified by signing the July minutes at the August meeting. Gardner v. Price, 197 Miss. 831, 21 So. 2d 1, 1945 Miss. LEXIS 315 (Miss. 1945).

A failure to read and sign the minutes may be remedied at the next meeting. Beck v. Allen, 58 Miss. 143, 1880 Miss. LEXIS 107 (Miss. 1880).

4. —Particular matters.

There were no discrepancies between a property owner’s transcript and the minutes of a board of supervisors because the board’s signed minutes adopted the recommendations of the planning and zoning administrator and the county attorney, who both asserted that the owner was in violation of a zoning ordiance. Hatfield v. Bd. of Supervisors of Madison Cty., 235 So.3d 18, 2017 Miss. LEXIS 315 (Miss. 2017).

As to drawing names for jurors, see Ellis v. State, 142 Miss. 468, 107 So. 757, 1926 Miss. LEXIS 114 (Miss. 1926).

Minutes of the board of supervisors with reference to highways will be looked upon with indulgence and where their meaning can be ascertained will be enforced. Noxubee County v. Long, 141 Miss. 72, 106 So. 83, 1925 Miss. LEXIS 209 (Miss. 1925).

A contract with reference to leasing sixteenth section lands must be entered on the minutes of the board and the terms of such contract cannot be varied by parol nor can a court of equity alter it. McPherson v. Richards, 134 Miss. 282, 98 So. 685, 1924 Miss. LEXIS 256 (Miss. 1924).

Contracts of the board of supervisors for the county must be entered on their minutes and such contracts cannot be varied except by subsequent orders of the board. Lamar County v. Tally & Mayson, 116 Miss. 588, 77 So. 299, 1917 Miss. LEXIS 326 (Miss. 1917).

The board of supervisors when equalizing taxes is a court of limited jurisdiction and all jurisdictional facts must appear of record upon their minutes or the proceedings will be void. Robertson v. First Nat'l Bank, 115 Miss. 840, 76 So. 689, 1917 Miss. LEXIS 269 (Miss. 1917).

The board of supervisors in order to sell timber on the sixteenth section school land must exercise such authority while in session as a board, and their contracts with reference thereto must then be executed and their orders entered on the minutes of the board to make the contract valid. Gilchrist-Fordney Co. v. Keyes, 113 Miss. 742, 74 So. 619, 1917 Miss. LEXIS 146 (Miss. 1917).

Parol evidence is inadmissible to impeach the record of the board of supervisors, upon which a tax sale rests, for the purpose of supporting a tax title. McCord v. Shaw, 77 Miss. 900, 27 So. 602, 1900 Miss. LEXIS 7 (Miss. 1900).

A contract made by an order on its minutes thus cannot be varied by proof aliunde of any misunderstanding of its purport. Bridges & Hill v. Board of Supervisors, 58 Miss. 817, 1881 Miss. LEXIS 43 (Miss. 1881).

County board of supervisors can contract only by an order on its minutes. Bridges & Hill v. Board of Supervisors, 58 Miss. 817, 1881 Miss. LEXIS 43 (Miss. 1881); Martin v. Newell, 198 Miss. 809, 23 So. 2d 796, 1945 Miss. LEXIS 251 (Miss. 1945).

An order for the issuance of a warrant need not be stated or repeated in the warrant, but should be recorded on the minutes. Clayton v. McWilliams, 49 Miss. 311, 1873 Miss. LEXIS 117 (Miss. 1873).

OPINIONS OF THE ATTORNEY GENERAL

Although the minutes of a county board of supervisors must be read and signed by the president, or the vice president if the president is absent or disabled so as to prevent his signing, there is no specific requirement that the president of the Board sign resolutions duly and lawfully passed by the Board. Thompson, July 2, 1992, A.G. Op. #92-0467.

The chancery clerk is ultimately responsible for retaining original title documents for county real and personal property. Ross, Jr., April 7, 2000, A.G. Op. #2000-0153.

The chancery clerk must wait for the minutes (a) to be signed by the board president or the vice president, if the president is absent or disabled or (b) to be adopted and approved by the board of supervisors as the first order of business on the first day of the next monthly meeting of the board to have the authority to pay the claims. Crook, July 17, 2002, A.G. Op. #02-0297.

Even where minutes are approved by way of the board president’s signature, the board as a whole may also review, ratify, and make corrections to the minutes at its next meeting in order to ensure that the minutes have been accurately recorded. Crook, July 17, 2002, A.G. Op. #02-0297.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 157 et seq.

CJS.

20 C.J.S., Counties § 203.

§ 19-3-29. Appointment of clerk pro tempore.

In case the office of clerk shall be vacant, or the clerk and his deputies be absent, refuse, or fail to perform the duties required, the board may appoint a clerk for the time, who, on taking the oath of office shall be authorized to discharge the duties and to receive the compensation, for the time being, of the clerk of the board.

HISTORY: Codes, 1857, ch. 59, art 15; 1871, § 1362; 1880, § 2143; 1892, § 288; 1906, § 306; Hemingway’s 1917, § 3679; 1930, § 212; 1942, § 2887.

JUDICIAL DECISIONS

1. In general.

A county board of supervisors’ refusal to reinstate the chancery clerk to the positions of clerk of the board of supervisors and county auditor exceeded the board’s limited grant of authority under §19-3-29, which authorizes the board to appoint a clerk pro tempore, where the chancery clerk had merely intended to temporarily vacate those positions and there were no findings that the chancery clerk failed to perform any duty required of him so as to justify the board’s refusal to comply with his request for reinstatement. Barlow v. Weathersby, 597 So. 2d 1288, 1992 Miss. LEXIS 196 (Miss. 1992).

§ 19-3-31. Employment of office clerks in certain counties.

The board of supervisors of any county in the State of Mississippi, now or hereafter having two (2) judicial districts and an assessed valuation of property for ad valorem taxation in excess of Seventy-five Million Dollars ($75,000,000.00), according to the last completed assessment for taxation, and of any Class 3 county bordering on the Mississippi River and the State of Louisiana wherein U. S. Highway 61 and Mississippi Highway 24 intersect, is authorized to employ, in its discretion, an office clerk to maintain an office for said board of supervisors.

The board of supervisors may compensate said office clerk in such amounts as it may deem proper, said compensation to be paid from the road funds of such county.

HISTORY: Codes, 1942, § 2887.5; Laws, 1958, ch. 209, §§ 1, 2; Laws, 1972, ch. 334, § 1, eff from and after passage (approved April 13, 1972).

§ 19-3-33. Publication of proceedings.

The board of supervisors may have its proceedings published in some newspaper published in the county, and cause the same to be paid for out of the county treasury, but the costs of such publication shall not exceed the sum fixed by law for publishing legal notices. If there be more than one newspaper published in the county, the contract for publishing the proceedings, if made, shall be let to the lowest bidder among them.

HISTORY: Codes, 1892, § 307; 1906, § 326; Hemingway’s 1917, § 3699; 1930, § 213; 1942, § 2888.

Cross References —

Publication of annual budget, see §19-11-7.

Inapplicability of publishing fee schedule to publication of proceedings of board of supervisors, see §25-7-65.

JUDICIAL DECISIONS

1. In general.

The statute makes no qualification that the contract for publication of the proceedings of a board of supervisors shall be let to the lowest and best bidder, or to the lowest responsible bidder, but plainly requires that it be let to the lowest bidder, and members of the board were without authority to attach the additional element of “responsible” bidders. Klyce v. Alcorn County, 192 Miss. 440, 6 So. 2d 298, 1942 Miss. LEXIS 29 (Miss. 1942).

Where two newspapers submitted bids of $15 and $25 per month, respectively, for the publication of the proceedings of a board of supervisors, the board could not award the contract to the newspaper making the $25 bid, on the theory that a stipulation in its bid that it would charge the legal rate for the publication in case the minutes of the board did not amount to $25 as computed by the legal rate might render the amount to be paid less than that stipulated in the other bid, since the law inserted a stipulation to the same effect in the bid of the other newspaper. Luter v. Hammon, 529 So. 2d 625, 1988 Miss. LEXIS 336 (Miss. 1988).

OPINIONS OF THE ATTORNEY GENERAL

But it is mandatory on the board of supervisors to either publish the proceedings of the board as set forth in this section [Code 1942, § 2888] or a synopsis of the proceedings as set forth in the following section [Code 1942, § 2889]. Ops Atty Gen 1931-33, p 128.

The publication authorized by this section [Code 1942, § 2888] would be a publication of the minutes of the meetings of the board of supervisors. The authority conferred by this section [Code 1942, § 2888] is discretionary and not mandatory. Ops Atty Gen 1937-39, p 126.

It is optional with the board of supervisors as to whether it does or does not publish the proceedings of the board, under this section [Code 1942, § 2888].

Salaries and wages of county officials and employees must be included for record keeping purposes in claims docket listings and in monthly publication of expenses, because these expenditures are made out of county funds every month; board does not have to list individual salaries or wages of officials and employees in claims docket listings or in publication of proceedings, but can list total amount paid in salaries and wages. Montgomery, March 20, 1990, A.G. Op. #90-0174.

§ 19-3-35. Publication of proceedings; cumulative method.

The board of supervisors after each meeting shall have an itemized statement made of allowances, to whom, for what, and the amounts; a list of all contracts providing for the expenditure of money and the terms of payment thereof; a statement of all loans from sixteenth section funds, lieu land funds, and sinking, and other trust funds, setting forth to whom made, the amount, and the kind of security approved; a statement or list of all sales of timber, of all leases upon, including all leases for oil, gas and minerals upon, sixteenth section or lieu lands situated in the county or belonging to the county, showing to whom sold or made, description of land involved, the length of the term of any such lease, and the consideration therefor; and it shall also publish a recapitulation of all expenditures according to districts and also the county as a whole, and in such recapitulation the total expenses for each item shall be listed for each district, and in the total county recapitulation the total expended from each item shall be listed and same shall be published within fifteen (15) days after adjournment in some newspaper of general circulation published in the county, and if no such newspaper is published in the county, then in a newspaper published elsewhere in the state and having a general circulation in such county. The cost of publishing the same shall be paid for out of the general fund of the county. The cost of such publication shall not exceed one-half ( 1/2) of the rate now fixed by law for publishing legal notices, and in no event shall the cost of such publication exceed One Hundred Dollars ($100.00) in any one (1) month, save, however, in counties of classes 1 and 2 the board of supervisors may expend an amount not to exceed One Hundred Seventy-five Dollars ($175.00) per month for the publication of said cumulative digest of its proceedings as provided for above. If there be more than one newspaper published in the county, the board of supervisors shall advertise, as provided by law, for contracts for publishing such proceedings, and shall award the contract to the lowest bidder for a period of two (2) years. If no bid be made for the price above mentioned, then the proceedings shall be posted at the courthouse door as hereinafter provided. If there be no newspaper published in such county, then such proceedings shall be posted at the front courthouse door.

If any member of a board of supervisors or the chancery clerk shall fail, refuse or neglect to comply with the provisions of this section, he shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00) for such failure, refusal or neglect for each offense and, in addition thereto, shall be liable to a penalty of Five Hundred Dollars ($500.00), recoverable on his official bond by suit filed by any county or district attorney or any interested citizen, upon his official bond.

This shall not be construed to repeal Section 19-3-33, and where the verbatim proceedings are published as therein provided, this section shall not apply, it being intended hereby to provide a method of publishing the proceedings of the board of supervisors in addition to that now provided for by Section 19-3-33. Where publication is made under Section 19-3-33, this section shall not be construed so as to require any other and additional publication, or notice.

HISTORY: Codes, 1942, § 2889; Laws, 1932, ch. 190; Laws, 1938, ch. 324; Laws, 1946, ch. 418; Laws, 1948, ch. 425; Laws, 1958, ch. 218; Laws, 1980, ch. 333, eff from and after October 1, 1980.

Cross References —

Inapplicability of publishing fee schedule to publication of proceedings of board of supervisors, see §25-7-65.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

A contract with the county cannot be implied or presumed, but must be stated in express terms and recorded on the official minutes as the action of the board of supervisors, and it is the responsibility of each person, firm or corporation contracting with a board of supervisors to see that the contract is legal and properly recorded. Burt v. Calhoun, 231 So. 2d 496, 1970 Miss. LEXIS 1595 (Miss. 1970).

OPINIONS OF THE ATTORNEY GENERAL

An abstract or summary of the minutes of the board may be published, and it is not necessary to publish the minutes in full. The provisions of this section [Code 1942, § 2889] are mandatory unless the board publishes the minutes as required by Code 1942, § 2888. Ops Atty Gen 1937-39, p 126.

Salaries and wages of county officials and employees must be included for record keeping purposes in claims docket listings and in monthly publication of expenses, because these expenditures are made out of county funds every month; board does not have to list individual salaries or wages of officials and employees in claims docket listings or in publication of proceedings, but can list total amount paid in salaries and wages. Montgomery, March 20, 1990, A.G. Op. #90-0174.

Since there is no statute similar to Section 21-39-3 on county publishing contracts, the county may negotiate for such contracts, or may bid them out using Section 31-7-13 and/or Section 19-3-35 as a guideline. Coleman, March 22, 1996, A.G. Op. #96-0135.

Provisions of Section 19-3-35 are mandatory unless the board publishes minutes as required by Section 19-3-33. Fortier, April 12, 1996, A.G. Op. #96-0160.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

§ 19-3-37. Privileges of supervisors.

Each member of the board of supervisors shall, during his term of office, be exempt from working on the roads, from serving in the militia, and from jury service.

HISTORY: Codes, 1857, ch. 59, art 11; 1871, § 1358; 1880, § 2140; 1892, § 285; 1906, § 303; Hemingway’s 1917, § 3676; 1930, § 209; 1942, § 2884.

RESEARCH REFERENCES

Am. Jur.

47 Am. Jur. 2d, Jury § 160.

§ 19-3-39. Supervisors are conservators of the peace.

The members of the board of supervisors are conservators of the peace within their respective counties, and shall possess all the powers as such which belong to, or are conferred on, justices of the peace.

HISTORY: Codes, 1857, ch. 59, art 12; 1871, § 1359; 1880, § 2141; 1892, § 286; 1906, § 304; Hemingway’s 1917, § 3677; 1930, § 210; 1942, § 2885.

Editor’s Notes —

Pursuant to Miss. Const. Art. 6, § 171, all reference in the Mississippi Code to justice of the peace shall mean justice court judge.

Cross References —

Power vested in civil officers as conservators of the peace, see Miss. Const. Art. 6, § 167.

Judges and chancellors being conservators of the peace, see §§9-1-23,99-15-1.

Fees of justices of the peace acting as conservators, see §25-7-25.

Arrests by conservators of the peace, see §99-3-1.

OPINIONS OF THE ATTORNEY GENERAL

It is the sheriff’s duty and power to appoint bailiffs, subject to the power of the board of supervisors should he fail in this duty, and subject to the power of the court to appoint riding bailiffs and to remove bailiffs for cause. Evans, November 25, 1998, A.G. Op. #98-0687.

§ 19-3-40. Power of board to adopt, modify, alter, or repeal orders, resolutions or ordinances not inconsistent with law.

  1. The board of supervisors of any county shall have the power to adopt any orders, resolutions or ordinances with respect to county affairs, property and finances, for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi; and any such board shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsections (2) and (3) of this section, the powers granted to boards of supervisors in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi.

    Except as provided in subsection (2) of this section, such orders, resolutions or ordinances shall apply countywide unless the governing authorities of any municipality situated within a county adopt any order, resolution or ordinance governing the same general subject matter. In such case the municipal order, resolution or ordinance shall govern within the corporate limits of the municipality.

  2. In any county where U.S. Interstate 20 and U.S. Highway 49 intersect, having a population of greater than one hundred forty-one thousand (141,000) but less than one hundred fifty-one thousand (151,000) according to the 2010 federal decennial census , the board of supervisors may adopt orders, resolutions and ordinances under subsection (1) of this section for a clearly defined geographic area. The order, resolution or ordinance shall describe the affected geographic area by zoning district, section lines or other discernable boundaries. The order, resolution or ordinance also shall state specific findings to support its purpose and need within the geographic area.
  3. This section shall not authorize the board of supervisors of a county to (a) levy taxes other than those authorized by statute or increase the levy of any authorized tax beyond statutorily established limits, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for county elections or establish any new elective office, (d) use any public funds, equipment, supplies or materials for any private purpose, (e) regulate common carrier railroads, (f) grant any donation, or (g) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the county does not have a property interest; unless such actions are specifically authorized by another statute or law of the State of Mississippi.

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 60; Laws, 1989, ch. 526, § 2; reenacted, Laws, 1990, ch. 418, § 2; Laws, 2012, ch. 478, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment substituted “subsections (2) and (3)” for “subsection (2)” near the beginning of the last sentence of (1); in the second paragraph of (1), added “Except as provided in subsection (2) of this section” to the beginning of the first sentence, and substituted “unless” for “except when” following “such orders, resolutions or ordinances shall apply countywide” in the first sentence; added (2); and redesignated former (2) as (3).

JUDICIAL DECISIONS

1. In general.

2. No state preemption.

1. In general.

County did not show 2004 Miss. Private and Local Laws ch. 920, requiring the county to distribute portions of a gaming fee to a town and a school district, was unconstitutional because (1) Miss. Const. art. 4, § 87 did not apply as it related to the suspension of general laws, since the law applied to specific governmental entities for specific purposes, and, (2) if Miss. Const. art. 4, § 87 applied, the law did not suspend the operation of the general statutes of Miss. Code Ann. §§19-3-40(3)(f) or75-76-195, as a law authorized the distributions and 2004 Miss. Private and Local Laws ch. 920 and Miss. Code Ann. §75-76-195 were separate statutes authorizing the imposition of a fee. Tunica County v. Town of Tunica, 227 So.3d 1007, 2017 Miss. LEXIS 179 (Miss. 2017).

County Board of Supervisors had the power and authority to enact its Sexually Oriented Business Ordinance under the Home Rule Statute, Miss. Code Ann. §19-3-40. Freelance Entm't, LLC v. Sanders, 280 F. Supp. 2d 533, 2003 U.S. Dist. LEXIS 21831 (N.D. Miss. 2003).

A county had standing under §21-1-31 to object to the annexation of county territory by a city since it was a party interested in, affected by or aggrieved by the annexations. Furthermore, a combined reading of §§11-45-17,11-45-19, and19-3-47(1)(b) vested in the county, acting by and through its board of supervisors, authority to exercise its standing and to employ counsel and participate fully in each annexation and confirmation proceeding. Harrison County v. Gulfport, 557 So. 2d 780, 1990 Miss. LEXIS 44 (Miss. 1990).

2. No state preemption.

Forrest County Board of Supervisors had the authority to enact a fencing ordinance under the home rule statute and the ordinance was not preempted by state law since: (1) the Mississippi legislature had not expressly granted the Mississippi Oil and Gas Board (OGB) the exclusive authority to address industry safety issues: (2) the ordinance was not inconsistent with state oil and gas statutes and regulations; and (3) the OGB had not promulgated any regulation prohibiting perimeter fencing. Delphi Oil, Inc. v. Forrest County Bd. of Supervisors, 114 So.3d 719, 2013 Miss. LEXIS 326 (Miss. 2013).

OPINIONS OF THE ATTORNEY GENERAL

Granting of nonexclusive cable television franchise is properly matter of governmental concern and is county affair; county may grant such franchise. McKenzie, Jan. 10, 1990, A.G. Op. #90-0001.

County home rule statute would authorize county Board of Supervisors latitude in purchase of special items that may be required for plainclothes or undercover operations; it is not intended, however, to authorize purchases of normal street apparel. Grimmett, Jan. 24, 1990, A.G. Op. #90-0006.

County may contract with private corporation to provide necessary equipment and monitoring services in order to operate Home Confinement Program. Haque, Jan. 31, 1990, A.G. Op. #90-0084.

Home rule provision gives Hancock County free reign to adopt misdemeanor leash laws and to impose such misdemeanor penalties for violations which they deem appropriate; additionally, Hancock County is required to apply these regulations countywide. Gex, Feb. 8, 1990, A.G. Op. #90-0073.

There is no authority empowering county or its sheriff to charge “turn-key” fee; county “home rule” statute prohibits county from levying any tax except where expressly authorized. Whitten, Feb. 22, 1990, A.G. Op. #90-0119.

There is no authority for Board of Supervisors to participate in construction of dam in order to maintain desirable level in lake at all times during year. Dulaney, June 6, 1990, A.G. Op. #90-0395.

Road sign designation program would not be donation; purpose of promoting cleanliness of county roads and instilling pride in public lands would not be private purpose, even though some private benefit of advertisement may occur. Eleuterius, August 15, 1990, A.G. Op. #90-0593.

Granting of funds to foundation, even one formed to support public economic district, constitutes donation; in absence of any law empowering such donation, board may not lawfully appropriate funds for support of joint economic development foundation. Downs, Oct. 4, 1990, A.G. Op. #90-0727.

Without specific authority, county may not contribute funds for office space for state agency such as Mississippi Employment Security Commission. Gordon, May 16, 1991, A.G. Op. #91-0356.

County board of supervisors does not have authority to grant funds to a non-profit community organization. Shelton, Jan. 29, 1992, A.G. Op. #92-0031.

The board of supervisors of a county may entertain an ordinance to provide for handling of abandoned property, to the extent such is not addressed elsewhere under the law and provided such ordinance comports with due process and otherwise passes constitutional muster. Best, June 24, 1992, A.G. Op. #92-0393.

Monetary rewards to county employees under employee suggestion program for suggestions that are implemented would constitute unauthorized donations. Griffin, Sept. 2, 1992, A.G. Op. #92-0632.

County boards of supervisors, pursuant to Miss. Code Section 19-3-40, may enact reasonable zoning restrictions touching on bingo operations and/or may enact reasonable ordinances relating to bingo hours of operation; County sheriffs have no authority to enact ordinances or regulations regarding bingo, but rather are charged with duty and responsibility to enforce laws of state and lawful ordinances of county they serve. Scott, Jan. 20, 1993, A.G. Op. #93-0014.

Miss. Code Section 19-3-40, “home rule” statute, allows county board to provide itself with offices. McKenzie, Feb. 1, 1993, A.G. Op. #92-0982.

Under home rule statute, Miss. Code Section 19-3-40, board of supervisors may in its discretion, employ part-time secretary, if such is determined to be reasonable and necessary to accomplish needs of county. McKenzie, Feb. 1, 1993, A.G. Op. #92-0982.

Miss. Code Section 19-3-40 gives board of supervisors, but not sheriff, authority to contract with phone company for provision of pay telephone service to prisoners; phones would remain property of phone company, and therefore contract would not be one for construction or for purchase of commodities or equipment; thus, contract for phone service would not need to be awarded through public bidding process. Jackson, Feb. 25, 1993, A.G. Op. #93-0090.

Under Miss. Code Section 19-3-40, municipality could not pass ordinance re matter which state has preempted, either through express language or through regulation of particular topic; most traffic regulations have been so preempted by state laws. Baker, Mar. 31, 1993, A.G. Op. #93-0036.

Miss. Code Section 19-3-40, home rule statute, gives boards of supervisors power “to adopt any orders, resolutions or ordinances with respect to county affairs, property and finances, for which no specific provision has been made by general law.” Griffith, Apr. 7, 1993, A.G. Op. #93-0153.

Under Miss. Code Section 19-3-40, county cannot use equipment, supplies or materials for any private purpose, nor may county grant any donation. Gamble, Apr. 14, 1993, A.G. Op. #93-0183.

County counterpart to municipal home rule statute is Miss. Code Section 19-3-40. Pope, Apr. 14, 1993, A.G. Op. #93-0069.

Miss. Code Section 19-3-40, “home rule” statute, allows specific county to enact lawful ordinances regulating use of sand beach, and to provide penalties for violation thereof, to be enforced by sheriff. Meadows, Apr. 21, 1993, A.G. Op. #93-0226.

With regard to boards of supervisors, Miss. Code Section 19-3-40 gives counties power to adopt orders and resolutions with respect to county affairs, property and finances “for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution, the Mississippi Code of 1972, or any other statute or law of the state”. Chaffin, May 26, 1993, A.G. Op. #93-0346.

If Board of Supervisors determine, consistent with fact, that additional public parking spaces are needed for county buildings and county business, Board may entertain lease of private property for such purposes. Gex, Nov. 22, 1993, A.G. Op. #93-0733.

Section 19-3-40 does not authorize the board of supervisors to make any donation to a private nonprofit corporation. Cossar, February 8, 1995, A.G. Op. #95-0009.

If a determination is made by a board of supervisors that additional public parking is needed for the county courthouse, then the board may lease private property for such purposes. Also, see section 19-7-1. Dickerson, March 2, 1995, A.G. Op. #95-0080.

Under the “Home Rule” statutes, established in Sections 21-17-5 and 19-3-40, a political subdivision can not pass an ordinance upon a matter which the state has preempted, either through express language or through regulation of a particular topic. Bradley, June 2, 1995, A.G. Op. #95-0399.

Funds spent for flowers for sick or deceased employees, while made by a corporation which is wholly owned by a community hospital, would still be considered an indirect gift or donation, and therefore prohibited by Section 19-3-40. Genin, June 12, 1995, A.G. Op. #95-0339.

Under Section 19-3-40, if private funds are donated with the express purpose of providing flowers, and those funds are kept separate from other funds, such expenditures would be allowed. Genin, June 12, 1995, A.G. Op. #95-0339.

Section 19-3-40, generally referred to as county home rule, would allow the county to enter into a contract with a non-profit corporation or association for animal control and for an animal shelter. However, the home rule does not allow the Board to abridge the rights and duties of the sheriff to enforce laws governing strays and rabies. Gamble, August 14, 1995, A.G. Op. #95-0556.

Pursuant to the authority granted by Section 19-3-40, counties may place speed bumps on any county road, including any streets which have been dedicated to the county and accepted by the county as a county road, if the board of supervisors finds, consistent with fact, that speed bumps are necessary to protect the health and safety of the citizens of the county. Trapp, October 26, 1995, A.G. Op. #95-0684.

Section 19-3-40 does not authorize the Board of Supervisors to purchase fuel for the constables’ vehicles while being used in an official capacity since a constable is compensated for necessary travel pursuant to Sections 25-7-27(c) and 25-3-41 of the Mississippi Code of 1972. Moss, March 6, 1996, A.G. Op. #96-0079.

Federal Wage and Hours Laws will take precedent over any conflicting state laws or local ordinances, or orders entered by the board of supervisors. The county may settle such a claim. See Sections 25-1-47. Barry, June 14, 1996, A.G. Op. #96-0228.

The county home rule statute enables the board of supervisors to regulate the housing of large wild animals such as lions, tigers, cougars, etc. Section 19-3-40 provides that any action taken pursuant to this section must apply county-wide, not just to the specific municipality or resident in question. Spragins, August 9, 1996, A.G. Op. #96-0397.

Section 19-3-40, the “home rule” statute, authorizes the Board of Supervisors to appoint and pay a special prosecutor when the regular county prosecutor recuses himself from a case to be tried in justice court. Murphree, December 6, 1996, A.G. Op. #96-0819.

A board of supervisors is authorized to establish a first responder system to assist emergency personnel, and may do so through either through fire and rescue, police or civil defense units that operate within the framework of fire, police and civil defense departments. Lamar, July 11, 1997, A.G. Op. #97-0371.

If a board of supervisors finds that the business of the county requires the purchase of a building for office space for county employees, that a particular tract and building is suitable for the needs of the county, and that the purchase price therefor is at or below the fair market value thereof, such board of supervisors may then pursuant to this section utilize public funds to purchase and equip such building for usage as office space by county employees. Shaw, Dec. 19, 1997, A.G. Op. #97-0802.

A board of supervisors may neither invest in a corporation nor obligate the full faith and credit of the county as guarantor of a loan to such corporation. McWilliams, January 9, 1998, A.G. Op. #97-0799.

Power is vested in a county to lease a building for use as a community center, but the lease cannot bind the county beyond the term of the present board of supervisors; also, the county may lease property from a private entity under terms which would grant the county less than exclusive use of the premises, but it cannot make what would amount to an unauthorized donation by erecting or constructing a building on property is has leased for a time that is less than the expected life or depreciation of the building. Hall, January 9, 1998, A.G. Op. #97-0809.

A county board of supervisors can not legally provide dirt for the use of a baseball association and/or provide for maintenance of any kind to the baseball field owned by the association. Pierce, April 24, 1998, A.G. Op. #98-0189.

A board of supervisors may not pay for the educational training of a non-employee in return for a promise, written or otherwise, to work for the county for a specified period of time following completion of the education for which the county has paid. Lamar, October 30, 1998, A.G. Op. #98-0667.

A board of supervisors may grant an exclusive franchise and license for placement of pay telephones in the county courthouse. McWilliams, October 30, 1998, A.G. Op. #98-0657.

It is the sheriff’s duty and power to appoint bailiffs, subject to the power of the board of supervisors should he fail in this duty, and subject to the power of the court to appoint riding bailiffs and to remove bailiffs for cause. Evans, November 25, 1998, A.G. Op. #98-0687.

By virtue of the “home rule” powers granted by this section and by virtue of the powers over roads granted by Miss. Code Section 19-3-41, a board of supervisors may defray the cost of relocation of a sewer line owned by a utility district which is presently located upon county road right of way. Hollimon, December 18, 1998, A.G. Op. #98-0745.

There was no prohibition to a county allowing a local union to use county owned voting devices in exchange for an opportunity to register voters and educate voters on the use of the voting devices where no tax dollars would be utilized in the endeavor; thus, if the county board of supervisors found, pursuant to “home rule,” that allowing the local union to utilize the voting devices was beneficial to the county, they could authorize such use. Martin, April 16, 1999, A.G. Op. #99-0199.

Cities and counties may pay the educational expenses of employees if the governing authorities find on the minutes, consistent with fact, that the payment of educational expenses for the certification of an employee would benefit the municipality or county; in order for such reimbursement not to constitute a prohibited donation, a policy should be implemented or an agreement entered into with the employee which requires the employee to reimburse the governing authority the expense of the education if the employee leaves the governing authority before a reasonable period of employment has expired; further, a county may also reimburse county employees for the expenses of taking vocational or college-level courses which are directly related to their job as long as steps are taken to insure the reimbursement does not constitute an unpermitted donation. Chapman, June 4, 1999, A.G. Op. #99-0222.

The justice court clerk should notify the board of supervisors of the recusal of the prosecutor so that the board of supervisor may make the appointment of a special prosecutor as soon as possible; the appointment should be spread upon the minutes of the board of supervisors and the special prosecutor would serve as prosecutor only for the case in which he or she is appointed. Bragg, August 20, 1999, A.G. Op. #99-0426.

If a county board of supervisors finds consistent with fact, and encompasses such findings in an order spread upon its minutes, that becoming a member of the Mississippi Public Lands Coalition is in the best interests of the county and that the expenditure of membership dues will assist the financial standing of the county, then the board is authorized to pay membership dues to such coalition and to pay additional costs, if requested, relative to actions taken by the coalition. Lehmann, Dec. 3, 1999, A.G. Op. #99-0645.

A county board of supervisors, upon the sale or lease of its community hospital, could assume for the benefit of former county employees the duties of sponsor of the defined contribution plan and the pension plan now offered by the hospital. Griffith, March 30, 2000, A.G. Op. #2000-0170.

Section 19-9-29 is a general law specifying the manner of investing and types of investments into which surplus county funds may be placed, and, therefore, Section 19-3-40 does not permit boards of supervisors to invest otherwise. Griffith, April 7, 2000, A.G. Op. #2000-0173.

Counties and municipalities may sell advertising on their public web sites and may regulate the content and subject of their advertisements, and the identity of their advertisers to promote the public safety, health, or welfare. McLeod, June 12, 2000, A.G. Op. #2000-0278.

A county board of supervisors may set a user fee to be charged by a private contractor for the provision of on-line services to county residents, including the payment of real property and motor vehicle taxes via the Internet. Haque, June 20, 2000, A.G. Op. #2000-0270.

Charging “dues” for fire protection constitutes a tax that is not authorized by statute and is, therefore, prohibited. Wilburn, July 14, 2000, A.G. Op. #2000-0158.

A county board of supervisors may charge actual damages for use of county rights of way by a communications company, but only after a finding of fact is made in accordance with Southern Bell v. City of Meridian, 131 So. 2d 666, 241 Miss. 678 (Miss. 1961); if that case has no application to the circumstances presented, then a county may charge damages for use of its rights-of-way; however, there is no statutory authority for a county to charge a franchise fee or other charges for the mere operation of a communications company in the county without regard to whether the company uses the public rights-of-way. Haque, Feb. 2, 2001, A.G. Op. #2000-0747.

Any ordinance adopted by a county board of supervisors must have countywide application. Prichard, Sept. 14, 2001, A.G. Op. #01-0585.

A county may adopt an ordinance to require the licensing of domesticated animals by the county; however, charging a fee for the license is tantamount to levying a tax, which is prohibited by subsection (2). Eger, Apr. 13, 2001, A.G. Op. #01-0203.

A county board of supervisors, exercising authority under County Home Rule, cannot adopt an ordinance with county-wide applicability regulating and restricting the removal or mining of dirt within a specific distance of public roads and road rights-of-way; however, a county may petition the Board of Mississippi Geological, Economic and Topographical Survey for relief and, in addition, may recover civilly for damages to roads caused by undermining and/or excavation of adjacent lands. Griffith, May 31, 2002, A.G. Op. #02-0300.

A board of supervisors could adopt a resolution for the county sheriff’s department to charge a fee for performing criminal background checks, fingerprinting, etc., and the funds generated thereby should be paid into the general fund on a monthly basis. Trapp, Jr., June 7, 2002, A.G. Op. #02-0286.

The board of supervisors may not pay rent for office space for a United States Congressman. Bridges, June 7, 2002, A.G. Op. #02-0316.

A county board of supervisors lacked authority to approve a request for a grant submitted by a health service organization that is a proprietorship and not a governmental entity. Dulaney, Sept. 27, 2002, A.G. Op. #02-0563.

Section 19-3-40 does not authorize a county to use an essential governmental function such as law enforcement as a device to advertise private businesses. Williams, Mar. 10, 2003, A.G. Op. 03-0069.

A county board of supervisors may place the issue of Sunday sales of beer and light wines before the electorate by means of a non-binding referendum. Hemphill, Apr. 4, 2003, A.G. Op. 03-0061.

Because the shelter established by Interfaith Hospitality is not a residential group home as defined by Section 19-5-93(q), therefore, a county board of supervisors does not have the authority to appropriate funds to that organization. Meadows, May 23, 2003, A.G. Op. 03-0221.

Harrison County Board of Supervisors may temporarily restrict access to areas of the public sand beach for two to three months for the benefit of the Least Terns and/or other nesting birds and may establish permanent and temporary sanctuaries for birds on the public sand beach in the county. Dawkins, June 6, 2003, A.G. Op. 03-0254.

There is no authority for a board of supervisors to make a donation to a private nonprofit corporation. McWilliams, Aug. 8, 2003, A.G. Op.03-0404.

A board of supervisors has the authority to lease private property to locate a communications tower. The terms of the lease may provide for the county to maintain, work or construct such roads as are necessary or convenient to provide the county access to the leased premises. However, there is no authority for a county to maintain private roads that are not necessary for county purposes in exchange for consideration of any sort. Munn, Dec. 12, 2003, A.G. Op. 03-0623.

A county board of supervisors can contract to pay a construction management firm a fixed fee to assist the county in locating grants that can provide funding for construction of a new jail which is based on a percentage of the total construction price of the facility as long as it is determined by the board to be reasonable compensation for the management services performed. Trapp, Jan. 1, 2004, A.G. Op. 03-0662.

This section allows a county to contract with a humane society to maintain an animal shelter. Any contract providing for these services would be in addition to, and would not supplant, the sheriff’s duties as provided in §41-53-11. Spragin, Jan. 21, 2004, A.G. Op. 03-0701.

This section authorizes a county to contract with a private company to provide alternative sentencing services, including house arrest and probation services, and to compensate the private company for such services. Such a contract could include a provision whereby the county would pay for such services when the defendant is indigent or unable to pay as a result of medical conditions. Young, July 7, 2004, A.G. Op. 04-0287.

Pursuant to this section and §19-3-40, a county not designated in §19-5-51 and may contract for animal services and thereby operate an animal shelter for use by county residents for the temporary and/or permanent shelter of animals of all kinds. O’Donnell, Oct. 15, 2004, A.G. Op. 04-0473.

This section gives Lafayette County the authority to enact a “leash law” and impose associated fines for the violation. O’Donnell, Oct. 15, 2004, A.G. Op. 04-0473.

Pursuant to this section and §19-3-41, Lafayette County has the authority to provide various services at a county-owned or supported animal shelter such as a “drop off” and/or “pick up” service for unwanted or abandoned animals. the county may but is not required to provide these services. O’Donnell, Oct. 15, 2004, A.G. Op. 04-0473.

A county may establish an animal control department and hire employees to serve as “animal control officers” with said officers not being appointed as deputy sheriffs. Nowak, Jan. 25, 2005, A.G. Op. 04-0604.

An animal control officer who is not a deputy sheriff under the supervision and control of the sheriff would not have authority to enforce county animal control ordinances. Nowak, Jan. 25, 2005, A.G. Op. 04-0604.

County may pay for the physical required for acquisition of a commercial driver’s license to allow county employees to drive county vehicles. Trapp, Mar. 15, 2005, A.G. Op. 05-0101.

Section 19-3-41 authorizes a county to enter in a loan agreement with the Tennessee Valley Authority to purchase real property, and pursuant to Section 19-3-40 the county may purchase federal property at auction for an amount supported by appraisal and duly authorized by the board of supervisors. Phillips, Mar. 23, 2005, A.G. Op. 05-0137.

A county board may contract with a fire protection service or volunteer fire department in order to provide fire protection services for the county and, pursuant to such a contract the board may allow the service or department to use a county-owned vehicle and other county equipment. Nowak, Mar. 25, 2005, A.G. Op. 05-0031.

A county may entertain an ordinance to provide for handling and disposition of lost or abandoned property to the extent such is not addressed elsewhere under the law, and further provided such ordinance comports with due process and otherwise passes constitutional muster. If there is no county ordinance in place that deals with the disposition of lost property, it would probably be safe for the county to follow the notice guidelines established in Section 21-39-21. Stewart, May 20, 2005, A.G. Op. 05-0181.

A county board of supervisors would not be authorized to conduct or order a non-binding referendum to determine residents’ preference as to which school their children should attend. Meadows, July 22, 2005, A.G. Op. 05-0338.

A county board of supervisors would not be precluded by state law from employing a lobbyist or consultant to perform governmental relations work. Clayton, July 29, 2005, A.G. Op. 05-0357.

A county has authority to accept a donation from a developer for the specific purpose of providing services to a proposed development such as law enforcement, fire protection, solid waste removal and emergency services. Matthews, Nov. 3, 2006, A.G. Op. 06-0538.

Pursuant to the authority granted in the county “home rule” statute, a county board of supervisors, upon a finding consistent with fact that such an expenditure is in the best interest of the citizens of the county, may expend funds for the operation and maintenance of a “Fire Prevention Safety Weather Simulation Trailer” within the county. Nowak, Nov. 10, 2006, A.G. Op. 06-0537.

No provision of state law can be found which would permit the board of supervisors to donate office space in the county courthouse to a state representative. Webb, Dec. 14, 2006, A.G. Op. 06-0601.

A county board of supervisors may authorize placing on county vehicles signs, decals or stickers advertising the Crime Stoppers program. Huggins, Dec. 22, 2006, A.G. Op. 06-0618.

A County Board of Supervisors can hold a non-binding referendum to ascertain the opinion of citizens of the county concerning a casino proposed by an Indian tribe on lands owned by the tribe in the county, and does not have to wait until the next regular election year. The issue is within the jurisdiction of the Board and justifies the use of the county’s home rule powers to call for the referendum, but the Board must first make a finding that the use of public funds for such a referendum is in the county’s best interest. Guice, March 7, 2007, A.G. Op. #07-00108, 2007 Miss. AG LEXIS 104.

For the Tunica County Utility District, which is county-owned, to fund the construction of connecting water lines to a privately owned utility company would constitute an unlawful donation under Miss. Code Ann. §19-3-40 and Miss. Const. of 1890, Art. 4 § 66, unless the private utility gives adequate consideration, which may take into account the value of and cost to replicate the backup service that would be provided to the private utility. Dulaney, March 15, 2007, A.G. Op. #07-00123, 2007 Miss. AG LEXIS 62.

Disallowing a property tax homestead exemption for failure to pay delinquent garbage bills constitutes an increase in taxes not authorized in statute, and therefore is prohibited by Miss. Code Ann. §19-3-40(2)(a). Burgoon, March 2, 2007, A.G. Op. #07-00060, 2007 Miss. AG LEXIS 86.

A County Board of Supervisors can hold a non-binding referendum to ascertain the opinion of citizens of the county concerning proposed gaming operations by an Indian tribe on lands owned by the tribe in the county. The issue is within the jurisdiction of the Board and justifies the use of the county’s home rule powers to call for the referendum, but the Board must first make a finding that the use of public funds for such a referendum is in the county’s best interest. Yancey, March 26, 2007, A.G. Op. #07-00178, 2007 Miss. AG LEXIS 123.

§ 19-3-41. Jurisdiction and powers generally.

  1. The boards of supervisors shall have within their respective counties full jurisdiction over roads, ferries and bridges, except as otherwise provided by Section 170 of the Constitution, and all other matters of county police. They shall have jurisdiction over the subject of paupers. They shall have power to levy such taxes as may be necessary to meet the demands of their respective counties, upon such persons and property as are subject to state taxes for the time being, not exceeding the limits that may be prescribed by law. They shall cause to be erected and kept in good repair, in their respective counties, a good and convenient courthouse and a jail. A courthouse shall be erected and kept in good repair in each judicial district and a jail may be erected in each judicial district. They may close a jail in either judicial district, at their discretion, where one (1) jail will suffice. They shall have the power, in their discretion, to prohibit or regulate the sale and use of firecrackers, roman candles, torpedoes, skyrockets, and any and all explosives commonly known and referred to as fireworks, outside the confines of municipalities. They shall have and exercise such further powers as are or shall be conferred upon them by law. They shall have authority to negotiate with and contract with licensed real estate brokers for the purpose of advertising and showing and procuring prospective purchasers for county-owned real property offered for sale in accordance with the provisions of Section 19-7-3.
  2. The board of supervisors of any county, in its discretion, may contract with a private attorney or private collection agent or agency to collect any type of delinquent payment owed to the county including, but not limited to, past-due fees, fines and assessments, delinquent ad valorem taxes on personal property and delinquent ad valorem taxes on mobile homes that are entered as personal property on the mobile home rolls, collection fees associated with the disposal or collection of garbage, rubbish and solid waste, or with the district attorney of the circuit court district in which the county is located to collect any delinquent fees, fines and other assessments. Any such contract may provide for payment contingent upon successful collection efforts or payment based upon a percentage of the delinquent amount collected; however, the entire amount of all delinquent payments collected shall be remitted to the county and shall not be reduced by any collection costs or fees. There shall be due to the county from any person whose delinquent payment is collected pursuant to a contract executed under this subsection an amount, in addition to the delinquent payment, of not to exceed twenty-five percent (25%) of the delinquent payment for collections made within this state and not to exceed fifty percent (50%) of the delinquent payment for collections made outside of this state. However, in the case of delinquent fees owed to the county for garbage or rubbish collection or disposal, only the amount of the delinquent fees, which may include an additional amount not to exceed up to One Dollar ($1.00) or ten percent (10%) per month, whichever is greater, on the current monthly bill on the balance of delinquent monthly fees as prescribed under Sections 19-5-21 and 19-5-22, may be collected and no amount in addition to such delinquent fees may be collected if the board of supervisors of the county has notified the county tax collector under Section 19-5-22 for the purpose of prohibiting the issuance of a motor vehicle road and bridge privilege license tag to the person delinquent in the payment of such fees. Any private attorney or private collection agent or agency contracting with the county under the provisions of this subsection shall give bond or other surety payable to the county in such amount as the board of supervisors deems sufficient. Any private attorney with whom the county contracts under the provisions of this subsection must be a member in good standing of The Mississippi Bar. Any private collection agent or agency with whom the county contracts under the provisions of this subsection must meet all licensing requirements for doing business in the State of Mississippi. Neither the county nor any officer or employee of the county shall be liable, civilly or criminally, for any wrongful or unlawful act or omission of any person or business with whom the county has contracted under the provisions of this subsection. The Mississippi Department of Audit shall establish rules and regulations for use by counties in contracting with persons or businesses under the provisions of this subsection.
  3. In addition to the authority granted under subsection (2) of this section, the board of supervisors of any county, in its discretion, may contract with one or more of the constables of the county to collect delinquent criminal fines imposed in the justice court of the county. Any such contract shall provide for payment contingent upon successful collection efforts, and the amount paid to a constable may not exceed twenty-five percent (25%) of the amount which the constable collects. The entire amount of all delinquent criminal fines collected under such a contract shall be remitted by the constable to the clerk of the justice court for deposit into the county general fund as provided under Section 9-11-19. Any payments made to a constable pursuant to a contract executed under the provisions of this section may be paid only after presentation to and approval by the board of supervisors of the county.
  4. If a county uses its own employees to collect any type of delinquent payment owed to the county, then from and after July 1, 1999, the county may charge an additional fee for collection of the delinquent payment provided the payment has been delinquent for ninety (90) days. The collection fee may not exceed twenty-five percent (25%) of the delinquent payment if the collection is made within this state and may not exceed fifty percent (50%) of the delinquent payment if the collection is made outside this state. In conducting collection of delinquent payments, the county may utilize credit cards or electronic fund transfers. The county may pay any service fees for the use of such methods of collection from the collection fee, but not from the delinquent payment.
  5. In addition to such authority as is otherwise granted under this section, the board of supervisors of any county may expend funds necessary to maintain and repair, and to purchase liability insurance, tags and decals for, any personal property acquired under the Federal Excess Personal Property Program and the Firefighter Property Program that is used by the local volunteer fire department.
  6. The board of supervisors of any county, in its discretion, may expend funds to provide for training and education of newly elected or appointed county officials before the beginning of the term of office or employment of such officials. Any expenses incurred for such purposes may be allowed only upon prior approval of the board of supervisors. Any payments or reimbursements made under the provisions of this subsection may be paid only after presentation to and approval by the board of supervisors.
  7. The board of supervisors of any county may expend funds to purchase, maintain and repair equipment for the electronic filing and storage of filings, files, instruments, documents and records using microfilm, microfiche, data processing, magnetic tape, optical discs, computers or other electronic process which correctly and legibly stores and reproduces or which forms a medium for storage, copying or reproducing documents, files and records for use by one (1), all or any combination of county offices, employees and officials, whether appointed or elected.
  8. In addition to the authority granted in this section, the board of supervisors of any county may expend funds as provided in Section 29-3-23(2).
  9. The board of supervisors of any county may perform and exercise any duty, responsibility or function, may enter into agreements and contracts, may provide and deliver any services or assistance, and may receive, expend and administer any grants, gifts, matching funds, loans or other monies, in accordance with and as may be authorized by any federal law, rule or regulation creating, establishing or providing for any program, activity or service. The provisions of this subsection shall not be construed as authorizing any county, the board of supervisors of any county or any member of a board of supervisors to perform any function or activity that is specifically prohibited under the laws of this state or as granting any authority in addition to or in conflict with the provisions of any federal law, rule or regulation.
  10. The board of supervisors of any county may provide funds from any available source to assist in defraying the actual expenses to maintain an office as provided in Section 9-1-36. The authority provided in this subsection shall apply to any office regardless of ownership of such office or who may be making any lease payments for such office.
  11. The board of supervisors of any county may reimburse the cost of an insured’s deductible for an automobile insurance coverage claim if the claim has been paid for damages to the insured’s property arising from the negligence of a duly authorized officer, agent, servant, attorney or employee of the county in the performance of his or her official duties, and the officer, agent, servant, attorney or employee owning or operating the motor vehicle is protected by immunity under the Mississippi Tort Claims Act, Section 11-46-1 et seq.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (3); 1857, ch. 59, art 16; 1871, § 1363; 1880, § 2144; 1892, § 289; 1906, § 307; Hemingway’s 1917, § 3680; 1930, § 214; 1942, § 2890; Laws, 1896, ch. 132; Laws, 1956, ch. 204; Laws, 1987, ch. 383; Laws, 1990, ch. 532, § 1; Laws, 1993, ch. 455, § 1; Laws, 1994, ch. 521, § 30; Laws, 1995, ch. 496, § 1; Laws, 1995, ch. 550, § 1; Laws, 1998, ch. 482, § 1; Laws, 1999, ch. 369, § 3; Laws, 1999, ch. 516, § 1; Laws, 2000, ch. 363, § 1; Laws, 2000, ch. 515, § 1; Laws, 2004, ch. 534, § 2; Laws, 2010, ch. 517, § 3; Laws, 2014, ch. 432, § 1; Laws, 2017, ch. 410, § 3, eff from and after passage (approved Apr. 6, 2017.); Laws, 2018, ch. 302, § 1, eff from and after July 1, 2018.

Joint Legislative Committee Note —

Section 3 of ch. 369 Laws, 1999, effective from and after its passage (approved March 15, 1999), amended this section. Section 1 of ch. 516, Laws, 1999, effective from and after its passage (approved April 15, 1999), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 516, Laws, 1999, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Section 1 of ch. 363, Laws, 2000, effective from and after July 1, 2000 (approved April 17, 2000), amended this section. Section 1 of ch. 515, Laws, 2000, effective from and after July 1, 2000 (approved April 30, 2000), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 515, Laws, 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the sections are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the second sentence of (9). The word “paragraph” was changed to “subsection”. The Joint Committee ratified the correction at its July 22, 2010, meeting.

Amendment Notes —

The 2004 amendment added (10).

The 2010 amendment, in the first sentence in (2), inserted “and assessments” and made a related change, and added the language beginning “or with the district attorney of the circuit court district” through to the end; and in (4), substituted “twenty-five percent (25%)” for “fifteen percent (15%)” and “fifty percent (50%)” for “twenty-five percent (25%).”

The 2014 amendment added (11); and made minor stylistic changes.

The 2017 amendment, effective April 6, 2017, in (2), inserted “collection fees associated with the disposal or collection of garbage, rubbish and solid waste” in the first sentence, and “which may include an additional amount…Sections 19-5-21 and 19-5-22” in the fourth sentence; and made minor stylistic changes.

The 2018 amendment inserted “and the Firefighter Property Program” in (5).

Cross References —

Jurisdiction conferred by Constitution, see Miss. Const. Art. 6, § 170.

Power to provide homes, farms or asylums for the aged, infirm, or unfortunate, see Miss. Const. Art. 14, § 262.

Zoning plans, see §§17-1-1 et seq.

Board of supervisors authorized to enter into collection agreements with private attorney, collection agency or others to collect cash appearance bonds from certain defendants, see §17-25-21.

Counties and municipalities authorized to enter into agreements with approved business enterprises under certain circumstances, see §17-25-23.

Counties and municipalities authorized to enter into fee-in-lieu agreements, with certain approved business enterprises, see §17-25-23.

Establishment and operation of nursing homes, see §§19-5-31 et seq.

Authority of boards of supervisors to regulate massage parlors and public displays of nudity, see §19-5-103.

Authority of board of supervisors to promulgate, adopt and enforce ordinances to regulate establishments where public displays of nudity are present, see §19-5-104.

Employment of person to safeguard county lands, see §19-7-15.

Authority to provide patrol boats for sheriffs in certain counties, see §19-25-17.

Powers of the county board of supervisors with respect to creation of a county or regional railroad authority, see §§19-29-7,19-29-9.

Powers of municipal governing authorities, see §21-17-5.

Authority of boards of supervisors to fill vacancies in county or county district offices, see §23-15-839.

Power of boards to create geographic information systems and prepare multipurpose cadastre, and to borrow funds for such purposes, see §§25-58-1 et seq.

Power to exempt certain property from taxation, see §27-31-101.

Power to levy ad valorem taxes, see §27-39-303.

Jurisdiction over school lands and funds arising from disposition thereof, see §29-3-1.

Proceeds of sale of lieu lands, see §29-3-23.

Requirement that plaques on buildings financed with funds of state or political subdivision acknowledge contribution of taxpayers, see §29-5-151.

Authority to lease lands to the United States for the purpose of securing construction of air national guard armories, see §33-11-15.

Authority to create a health department, see §41-3-43.

County mosquito control commission, see §41-27-1.

Authority to adopt ordinances relating to individual onsite wastewater disposal systems, see §41-67-15.

Paupers generally, see §§43-31-1 et seq.

Authority to work county convicts on county roads or other public county works, see §47-1-19.

Convicts leasing, hiring, or public service work, see §§47-1-19 et seq.

Keeping county offenders in municipal jails, see §47-1-43.

Authority to acquire land for state parks, forests, etc., see §55-3-13.

Authority to convey rights of way and easements for construction of roadways and parkways by federal government, see §55-5-5.

Bridge and park commissions generally, see §§55-7-1 et seq.

Authority to create a county park commission and establish a county park system, see §§55-9-81 et seq.

Additional powers of municipalities to acquire, own and lease projects for the purpose of promoting industry and trade, see §57-3-9.

Authority to establish standard industrial parks and districts, see §57-5-17.

Right of eminent domain in acquisition of land for standard industrial park, see §57-5-21.

Authority to appropriate money for use and benefit of port of entry, see §59-1-31.

Membership in Rivers and Harbors Association, see §59-1-35.

Acquiring and equipping airport, see §61-5-73.

General supervision over public highways, see §65-7-115.

Inspection of roads, bridges, and ferries, by board of supervisors, see §65-7-117.

Levy of tax for road and bridge purposes, see §65-15-3.

Creation of bridge commission, see §§65-25-43 et seq.

Authority of counties bordering on Pearl River to construct, operate, and maintain toll bridges and adjacent roadways across Pearl River, see §65-23-305.

Authority of counties bordering on Pearl River to issue bridge revenue bonds to pay the cost of bridges across Pearl River, see §65-23-311.

Powers and duties of governing bodies of counties issuing bonds to pay for construction of bridges across Pearl River, see §65-23-325.

Authority to establish and license ferries, see §65-27-1.

Authority to erect sea walls in certain counties, see §§65-33-1 et seq.

Authority to levy special tax for sea wall purposes, see §65-33-41.

Local system bridge replacement and rehabilitation program to assist counties and municipalities in the replacement and rehabilitation of certain bridges, see §65-37-1 et seq.

Appropriations to aid in the control and eradication of insect pests, rodents, fire ants and the like, see §69-25-33.

Authority to appropriate money for suppression of intoxicating liquors or narcotics, see §99-27-37.

Authority of board of supervisors of any county to hire a county victim assistance coordinator, see §99-36-7.

JUDICIAL DECISIONS

1. In general.

2. Roads, ferries, and bridges.

3. Tax levies.

4. Courthouses and jails.

5. Police powers.

6. Miscellaneous.

1. In general.

Boards of supervisors have no implied powers and all of their acts must be authorized by law and they can exercise only such powers as are expressly conferred by statute, or which are necessarily implied. State ex rel. Patterson v. Board of Supervisors, 233 Miss. 240, 102 So. 2d 198, 1958 Miss. LEXIS 378 (Miss. 1958).

Since publication of notice of an election to determine whether a power district should be established is a fundamental requirement of the statute, such jurisdictional fact must be specifically adjudicated in the minutes of the board of supervisors, and cannot be supplied by inference or other information outside the minutes of the board. Mississippi Power & Light Co. v. Mississippi Power Dist., 230 Miss. 594, 93 So. 2d 446, 1957 Miss. LEXIS 402 (Miss. 1957).

An order of the board of supervisors purporting to create an electric power district, which failed to affirmatively adjudicate that any notice of the election was published, and, if so, how, where and when it was published, was void. Mississippi Power & Light Co. v. Mississippi Power Dist., 230 Miss. 594, 93 So. 2d 446, 1957 Miss. LEXIS 402 (Miss. 1957).

Boards of supervisors can bind counties, or districts therein, only when acting within their authority and in the mode and manner by which this authority is to be exercised under the statutes, and their contracts and every other substantial action taken by them must be evidenced by entries on their minutes, and can be evidenced in no other way. Board of Sup'rs v. Dawson, 208 Miss. 666, 45 So. 2d 253, 1950 Miss. LEXIS 283 (Miss. 1950).

Persons dealing with board of supervisors must take notice of its powers, and cannot acquire rights beyond authorized powers. De Soto County v. Stranahan, Harris & Oatis, 159 Miss. 23, 131 So. 640, 1931 Miss. LEXIS 12 (Miss. 1931).

The board of supervisors must conform to the statutory method in performing their constitutional duties. Board of Sup'rs v. Snellgrove, 103 Miss. 898, 60 So. 1023, 1912 Miss. LEXIS 245 (Miss. 1912).

And such authority and powers must be exercised within the limits of the county from which the members of the board are elected. Board of Sup'rs v. Snellgrove, 103 Miss. 898, 60 So. 1023, 1912 Miss. LEXIS 245 (Miss. 1912).

The powers and authority of the board of supervisors is limited strictly to those conferred by statute. Adams v. First Nat'l Bank, 103 Miss. 744, 60 So. 770, 1912 Miss. LEXIS 225 (Miss. 1912).

Defects in the proceedings and judgments of a board of supervisors not jurisdictional in their nature are unavailing in a collateral proceeding to defeat the action of the board. Hinton v. Board of Sup'rs, 84 Miss. 536, 36 So. 565 (Miss. 1904).

Any judgment of the board of supervisors may be attacked on the ground of fraud or corruption when seasonably set up and pleaded. Hinton v. Board of Sup'rs, 84 Miss. 536, 36 So. 565 (Miss. 1904).

In matters in which the board of supervisors have limited jurisdiction its record must show jurisdictional facts, but need not set out the evidence thereof. Hinton v. Board of Sup'rs, 84 Miss. 536, 36 So. 565 (Miss. 1904).

The board of supervisors has ordinarily no power to review, reverse, or vacate its own judicial action after final adjournment. Keenan v. Harkins, 82 Miss. 709, 35 So. 177, 1903 Miss. LEXIS 190 (Miss. 1903).

A board of supervisors is not bound by the acts of its predecessors unless such acts were within the scope of their authority. Jefferson County v. Grafton, 74 Miss. 435, 21 So. 247, 1896 Miss. LEXIS 167 (Miss. 1896).

The legislature can regulate the constitutional jurisdiction of the board. Paxton v. Baum, 59 Miss. 531, 1882 Miss. LEXIS 152 (Miss. 1882).

2. Roads, ferries, and bridges.

Although §19-13-51 partially abrogates the sovereign immunity of the board of supervisors of any county in its capacity as “overseer” of the roads, ferries and bridges within its jurisdiction, a county board’s qualified immunity remains intact for discretionary decisions of the board as a whole with regard to the general condition and state of maintenance of county roads and bridges. Webb v. County of Lincoln, 536 So. 2d 1356, 1988 Miss. LEXIS 625 (Miss. 1988).

Individual member of county board of supervisors is not liable for motorist’s personal injuries and damages proximately caused by an accident resulting from allegedly negligent maintenance and repair of a county road. State use of Brazeale v. Lewis, 498 So. 2d 321, 1986 Miss. LEXIS 2752 (Miss. 1986), overruled, Little v. Miss. DOT, 129 So.3d 132, 2013 Miss. LEXIS 551 (Miss. 2013).

In an action by a drainage district against a county to recover reimbursement for expenses incurred in the construction of bridges and culverts over two public roads in the county, the county was entitled to judgment where it never approved the construction undertaken by the district and where §19-3-41 granted jurisdiction over roads, ferries and bridges to the county board of supervisors and §§51-29-95 and51-31-95 left to the determination of the board what constituted suitable bridges across drainage districts and what bridges were necessary to be removed or constructed; neither statute authorized the work performed by the district or a suit for reimbursement. Leflore County v. Big Sand Drainage Dist., 383 So. 2d 501, 1980 Miss. LEXIS 1984 (Miss. 1980).

The jurisdiction of the board of supervisors over roads has reference to public roads which have been established either by dedication, prescription, or under the method provided by the statute. Saxon v. Harvey, 190 So. 2d 901, 1966 Miss. LEXIS 1422 (Miss. 1966).

The jurisdiction of the board of supervisors over roads, ferries, and bridges is restricted to their respective counties, except where authorized specifically by statute. Saxon v. Harvey, 190 So. 2d 901, 1966 Miss. LEXIS 1422 (Miss. 1966).

Where the board of supervisors of Warren County acquired title to the Vicksburg Bridge by issuance of revenue bonds under special statutory authority conferred by Chapter 283, Laws of 1938 (Code 1942, §§ 8448-8469), and the board and bridge commissioners were operating the bridge and collecting tolls and other revenues pursuant to that act of Chapter 422, Laws of 1948 (Code 1942, § 8469.5), under a statutory scheme designed toward making the bridge self-liquidating so that the bridge might be operated free of tolls as early as possible, unless tolls were required thereafter for maintaining, repairing, and operating the bridge, and no part of the bridge was paid by the taxpayers of the county, the board and the commissioner were without authority to divert any portion of the revenues collected in the operation of the bridge to an “adequate return fund” for the use of county for general county purposes, in absence of statutory authority for the county to operate the bridge for profit. State ex rel. Patterson v. Board of Supervisors, 233 Miss. 240, 102 So. 2d 198, 1958 Miss. LEXIS 378 (Miss. 1958).

An appropriation of public funds for the construction or maintenance of private roads or driveways is to an object not authorized by law and a member of board of supervisors was personally liable for maintenance of private roads. Coleman v. Shipp, 223 Miss. 516, 78 So. 2d 778, 1955 Miss. LEXIS 407 (Miss. 1955).

In proceeding for closing road where question whether road was private rather than public road was not raised or passed upon by county board of supervisors or circuit court issue could not be considered in supreme court. Byrd v. Board of Sup'rs, 179 Miss. 889, 176 So. 910 (Miss. 1937).

Statutes giving general jurisdiction to board of supervisors held not modified or repealed by any statutes on special road systems from 1920 to present time. Panola County v. Sardis, 171 Miss. 490, 157 So. 579, 1934 Miss. LEXIS 248 (Miss. 1934); Panola County v. Crenshaw, 157 So. 584 (Miss. 1934); Panola County v. Crowder, 157 So. 584 (Miss. 1934); Greenwood v. Leflore County, 157 So. 585 (Miss. 1934).

Board of supervisors held without power to contract for sale of bonds of highway district prior to and pending election authorizing issuance and sale of bonds. De Soto County v. Stranahan, Harris & Oatis, 159 Miss. 23, 131 So. 640, 1931 Miss. LEXIS 12 (Miss. 1931).

Where board of supervisors discontinued public road, abutting owner had adequate remedy at law by suing for damages and chancery court was without power to supervise board of supervisors. Berry v. Board of Sup'rs, 156 Miss. 629, 126 So. 405, 1930 Miss. LEXIS 198 (Miss. 1930).

The board of supervisors may prevent unreasonable and unlawful use of their highways. Covington County v. Collins, 92 Miss. 330, 45 So. 854, 1908 Miss. LEXIS 263 (Miss. 1908).

Boards of supervisors cannot grant a telegraph company a right of way along the margin of a highway. It can confer no right outside the limit of the highway itself. Clay v. Postal Tel. Co., 70 Miss. 406, 11 So. 658, 1892 Miss. LEXIS 66 (Miss. 1892).

3. Tax levies.

Board of supervisors held authorized under statute to levy taxes not only for general purposes but to have power to apportion taxes levied to various objects with which board is authorized to deal and to expend county money in carrying forward purposes authorized. Panola County v. Sardis, 171 Miss. 490, 157 So. 579, 1934 Miss. LEXIS 248 (Miss. 1934).

County board of supervisors held empowered to levy specific tax for specific purpose by order entered on their minutes to that effect where purpose is authorized by law. Panola County v. Sardis, 171 Miss. 490, 157 So. 579, 1934 Miss. LEXIS 248 (Miss. 1934).

Statutes held not to manifest legislative intention that levies by board of supervisors specially made for bridge purposes prior to 1928 statute should be divided between municipality and county. Panola County v. Sardis, 171 Miss. 490, 157 So. 579, 1934 Miss. LEXIS 248 (Miss. 1934).

4. Courthouses and jails.

A county board of supervisors has a duty under §§19-3-41 and 43 to provide adequate court facilities for each county. Encompassed therein is the duty to provide a courtroom free of such noise as substantially interrupts court proceedings. If the legislative branch fails to furnish the absolute essentials required for the operation of an independent and effective court, then no court affected thereby should fail to act. County boards of supervisors are subject to appropriate court orders requiring them to furnish adequate courtroom facilities when they adamantly fail or refuse to do so. Hosford v. State, 525 So. 2d 789, 1988 Miss. LEXIS 217 (Miss. 1988).

The board has the right to make an appropriation for setting shade trees in the grounds connected with the courthouse. Allgood v. Hill, 54 Miss. 666, 1877 Miss. LEXIS 74 (Miss. 1877).

5. Police powers.

An ordinance of a board of supervisors of a county regulating the taking of fish therein which applies to all lakes and streams in the county is not special legislation. Ex parte Fritz, 86 Miss. 210, 38 So. 722, 1905 Miss. LEXIS 75 (Miss. 1905).

Statutes giving boards of supervisors the right to regulate the taking of fish in their counties are not invalid, as giving a judicial body legislative functions. Ex parte Fritz, 86 Miss. 210, 38 So. 722, 1905 Miss. LEXIS 75 (Miss. 1905).

A board of supervisors is without authority to adjudge a milldam to be a nuisance. Liles v. Cawthorn, 78 Miss. 559, 29 So. 834, 1900 Miss. LEXIS 178 (Miss. 1900).

6. Miscellaneous.

Nothing in statute precluded county board of supervisors from assessing a collection fee on 25 percent of the delinquent tax; statute only precluded an assessment in excess of 25 percent. Harrison County Bd. of Supervisors v. Carlo Corp., 2002 Miss. LEXIS 123 (Miss. Apr. 4, 2002).

County board of supervisors could contract with a private attorney to collect taxpayer’s delinquent tax payment. Harrison County Bd. of Supervisors v. Carlo Corp., 2002 Miss. LEXIS 123 (Miss. Apr. 4, 2002).

County held to have sufficient interest in suit to compel admission of Chinese children into white schools of county to warrant allowance made by county board to state’s attorney-general for purpose of employing counsel to defend suit in behalf of county. Coahoma County v. Knox, 173 Miss. 789, 163 So. 451, 1935 Miss. LEXIS 259 (Miss. 1935).

In case a judgment is rendered against the county the board of supervisors by mandamus may be compelled to pay the same. Town of Crenshaw v. Jackson, 122 Miss. 711, 84 So. 912, 1920 Miss. LEXIS 471 (Miss. 1920).

The board of supervisors have no authority to divest themselves of the right to control litigation against the county. Lamar County v. Tally & Mayson, 116 Miss. 588, 77 So. 299, 1917 Miss. LEXIS 326 (Miss. 1917).

A county cannot be sued unless the statute authorizes the same either expressly or by necessary implication. City of Grenada v. Grenada County, 115 Miss. 831, 76 So. 682, 1917 Miss. LEXIS 267 (Miss. 1917).

The proceeds of an insurance company received from the destruction of county property must be invested in rebuilding such property. Adams v. Helms, 95 Miss. 211, 48 So. 290, 1909 Miss. LEXIS 205 (Miss. 1909).

OPINIONS OF THE ATTORNEY GENERAL

Board of supervisors held authorized to pay judgment in favor of municipality for bridge tax collected by county, out of any money in the treasury to the credit of the general county fund, provided the payment of such judgment did not withdraw money in excess of the amount set apart in the county budget for general county purposes. Ops Atty Gen 1933-35, p 62.

Although boards of supervisors have full jurisdiction over roads, ferries, and bridges, they do not have authority to engage in a general program of flood control projects, except as authorized by statutes dealing specifically with flood control. Teel, May 20, 1992, A.G. Op. #92-0351.

Publication of newsletters for public information purposes is within discretionary authority of county board of supervisors; authorization for expenditure of public money for such purposes is matter to be determined by resolution and order of board. Haque, Nov. 12, 1992, A.G. Op. #92-0826.

County has authority to erect neighborhood watch signs in county; signs must remain property of county. Walters, Dec. 16, 1992, A.G. Op. #92-0927.

There is no statutory authority for county Board of Supervisors to make donation to private nonprofit corporation. Chaffin, July 2, 1992, A.G. Op. #92-0501.

County boards of supervisors, pursuant to Miss. Code Section 19-3-41, may enact reasonable zoning restrictions touching on bingo operations and/or may enact reasonable ordinances relating to bingo hours of operation; County sheriffs have no authority to enact ordinances or regulations regarding bingo, but rather are charged with duty and responsibility to enforce laws of state and lawful ordinances of county they serve. Scott, Jan. 20, 1993, A.G. Op. #93-0014.

Miss. Code Section 19-3-41 gives board of supervisors full jurisdiction over all “matters of county police.” Meadows, Apr. 21, 1993, A.G. Op. #93-0226.

Miss. Code Section 19-3-41 delegates to counties authority over all matters of county police which encompasses authority to regulate running at large of animals; therefore, city may, in exercise of its discretion, entertain interlocal agreement with county wherein county provides animal control assistance to city. Edens, Apr. 28, 1993, A.G. Op. 0264.

Section 19-3-41 empowers county board of supervisors to contract with private collection agency or attorney to collect outstanding fines and Section 99-19-20 does not forbid use of collection agency or attorney to collect delinquent fines. Smith, March 18, 1994. A.G. Op. #93-0863.

A county may enter into a finder’s agreement to recover lost funds or checks so long as the agreement meets the provisions of Section 19-3-41(2) and any additional rules and regulations established by the Mississippi Department of Audit. Leggett, December 8, 1995, A.G. Op. #95-0783.

A county board of supervisors does not have the power to lease real property from a school district for the purpose of subsequently subleasing the property to citizens of the county to be used as a community recreational facility. Lamar, July 18, 1997, A.G. Op. #97-0429.

A board of supervisors may neither invest in a corporation nor obligate the full faith and credit of the county as guarantor of a loan to such corporation. McWilliams, January 9, 1998, A.G. Op. #97-0799.

The collection fee authorized by subsection (2) may be imposed on any delinquent payment outstanding as of July 1, 1998 or any payment which becomes delinquent subsequent to July 1, 1998 regardless of when the original fine was imposed. Evans, October 9, 1998, A.G. Op. #98-0600.

By virtue of the “home rule” powers granted by Miss. Code Section 19-3-40 and by virtue of the powers over roads granted by this section, a board of supervisors may defray the cost of relocation of a sewer line owned by a utility district which is presently located upon county road right of way. Hollimon, December 18, 1998, A.G. Op. #98-0745.

A board of supervisors may, pursuant to its police power and jurisdiction over roads and bridges, remove unsaleable vehicles constituting a safety hazard located on the public right-of-way. Sherard, April 9, 1999, A.G. Op. #99-0174.

A county board of supervisors has the authority to contract with a collection agency for the collection of delinquent fines from justice court and may set policy to collect an amount up to 25% of the delinquent fines collected in state and up to 50% of the delinquent fines collected outside the state, which amount is in addition to the delinquent fine owed; the percentage is set by the board of supervisors and not the judge, and is not part of the fine or the judgment. Erby, May 28, 1999, A.G. Op. #99-0247.

The statute does not necessarily require that the statutory 25 percent be collected from the delinquent taxpayer before an attorney can be paid. Meadows, March 31, 2000, A.G. Op. #2000-0137.

A collection agency could collect a delinquent payment owed to a county, which amount included any interest or penalty that might have accrued and was owed to the county, and, in addition, could collect up to 25% of the total amount owed, as set out in the statute. Barry, April 28, 2000, A.G. Op. #2000-0174.

If the federal program creating a Mid-Delta Empowerment Zone Alliance grant so allows, the county is not required to recoup the proceeds of the grant. Perkins, July 28, 2000, A.G. Op. #2000-0386.

A county cannot contract to receive less than the full amount of the delinquent amounts due to it that are collected by a private collection agency. Sumners, Nov. 10, 2000, A.G. Op. #2000-0648.

The additional amount collected under the statute is mandatory and is required of the individual owing the debt; however, the imposed amount is an additional amount owed by the individual and does not reflect a mandatory percentage of a contingency fee, which is left to the discretion of the board of supervisors in negotiating its contract for collection services. Sumners, Nov. 10, 2000, A.G. Op. #2000-0648.

A county board of supervisors may charge actual damages for use of county rights of way by a communications company, but only after a finding of fact is made in accordance with Southern Bell v. City of Meridian, 131 So. 2d 666, 241 Miss. 678 (Miss. 1961); if that case has no application to the circumstances presented, then a county may charge damages for use of its rights-of-way; however, there is no statutory authority for a county to charge a franchise fee or other charges for the mere operation of a communications company in the county without regard to whether the company uses the public rights-of-way. Haque, Feb. 2, 2001, A.G. Op. #2000-0747.

A justice court may add the collection fee authorized under subsection (4) to the delinquent fine of a defendant even if the defendant is later arrested on an unrelated charge. Thompson, Apr. 27, 2001, A.G. Op. #01-0255.

The statute grants to county boards the authority over all matters of county police, which necessarily encompasses the authority to regulate the running of animals at large. Prichard, Sept. 14, 2001, A.G. Op. #01-0585.

There is no specific authority for a board of supervisors to donate office space for use by a congressman or other non-county governmental agency. Griffin, Aug. 30, 2002, A.G. Op. #02-0470.

There is no authority for a board of supervisors to donate office space for use by a congressman or other non-county governmental agency based on a board finding that the donation will go to an entity that will directly benefit the county or the community. Griffin, Aug. 30, 2002, A.G. Op. #02-0470.

Because fire protection is a governmental function or “county affair” and is also a “matter of county police” subject to regulation under Section 19-3-41 it is suggested that a county may enter an order acknowledging established service areas and the recognized volunteer organizations which provide fire protection within those areas; further, the county may regulate who and when persons can attach to a public water system, and may establish rules regarding which file protection providers have superior control over a fire scene. Morrow, Nov. 8, 2002, A.G. Op. #02-0570.

Subsection (3) of this section does not authorize the board of supervisors to add 25% to delinquent criminal fines; the subsection merely limits the amount to be paid to the constable at no more than 25% of the amount collected by the constable. Ross, Sept. 5, 2002, A.G. Op. #02-0524.

In a case where the coroner has determined that an autopsy is not necessary and the next of kin cannot be reached, the board of supervisors has the duty to make arrangements for the transportation and preservation of the body until family members may make arrangements, and any expenses incurred by the county would ultimately be the responsibility of decedent’s estate or that person liable at law for the necessities of the decedent during his or her lifetime. Williams, Jan. 24, 2003, A.G. Op. #02-0727.

A court may assign delinquent restitution payments to a collection agency for the benefit of the victim along with the delinquent fines and court costs owed to the county (although the fee may not be added to the restitution). Thompson, Jan. 31, 2003, A.G. Op. #03-0032.

A board of supervisors may not appropriate funds to hire attorneys to represent private citizens in the matter of closing private railroad crossings. Shepard, Oct. 3, 2003, A.G. Op. 03-0459.

A county may enter into a contingency contract for the discovery and return of overcharges paid by the county for telephone services. However, based on constitutional considerations, a county may not contract to receive less than the full amount due. Trapp, Nov. 11, 2003, A.G. Op. 03-0533.

For a county board of supervisors too enter into a partnership agreement with a private, nonprofit corporation in a program to enter into a partnership agreement for the purpose of applying for a Child Care and Development Block Grant, the board must first make two factual determinations: (1) that the grant is authorized by federal law, rule, or regulation; and, (2) that the program permits provision of services by contracting with a private, nonprofit corporation. Entrekin, Jan. 23, 2004, A.G. Op. 03-0436.

There is no statutory authority for a district attorney to charge a collection fee for the collection of delinquent criminal fines. However, subsection (2) of this section allows the county to contract with a private attorney or private collection agency to collect delinquent payments owed to the county. Bates, Mar. 26, 2004, A.G. Op. 04-0128.

If a county board of supervisors makes a factual determination, evidenced by an order entered upon the minutes, that a culvert is needed on a county road or right-of-way to preserve and maintain the road or right-of-way, then it may authorize installation of the culvert. If the board determines that installation of the culvert is only to provide adequate access to county roads for private landowners, then it may not authorize the work. Dulaney, Apr. 16, 2004, A.G. Op. 04-0151.

A county is authorized under statutes governing general jurisdiction over roads to acquire right-of-way for and construct sidewalks along county roads as part of the county road system utilizing road and bridge funds if the board of supervisors determines, as reflected by an order entered upon its minutes, that such is necessary and convenient for the use of the traveling public. Hollimon, June 4, 2004, A.G. Op. 03-0616.

A county may not prohibit the traffic on the private road from utilizing the public road. But, the county may exercise reasonable regulation and control through the use of design standards, safety regulations, and current traffic laws when determining how the private road joins the end of the county road. Kilpatrick, July 16, 2004, A.G. Op. 04-0306.

Section 99-37-7(1) and subsection (4) of this section may be used to collect delinquent payments which consist of constable fees. Busby, July 23, 2004, A.G. Op. 04-0316.

Pursuant to §19-3-40 and this section, a county not designated in §19-5-51 and may contract for animal services and thereby operate an animal shelter for use by county residents for the temporary and/or permanent shelter of animals of all kinds. O’Donnell, Oct. 15, 2004, A.G. Op. 04-0473.

Pursuant to this section and §19-3-41, Lafayette County has the authority to provide various services at a county-owned or supported animal shelter such as a “drop off” and/or “pick up” service for unwanted or abandoned animals. the county may but is not required to provide these services. O’Donnell, Oct. 15, 2004, A.G. Op. 04-0473.

This section allows a county to comply with the terms of a federal grant program and therefore would allow a lien or mortgage to be placed on property acquired with such federal funds. Carnathan, Oct. 29, 2004, A.G. Op. 04-0548.

A county may adopt and enforce regulations permitting the construction of certain private structures within county road right-of-ways. However, the county is not authorized to assist in the construction of such structures as this activity would amount to unauthorized expenditure of public funds. Nowak, Feb. 14, 2005, A.G. Op. 05-0036.

If a county desires to expand a road, the owner of a structure placed in the road with the county’s permission would be required to remove it at his own cost. Nowak, Feb. 14, 2005, A.G. Op. 05-0036.

Section 19-3-41 authorizes a county to enter in a loan agreement with the Tennessee Valley Authority to purchase real property, and pursuant to Section 19-3-40 the county may purchase federal property at auction for an amount supported by appraisal and duly authorized by the board of supervisors. Phillips, Mar. 23, 2005, A.G. Op. 05-0137.

Section 67-7-7 authorizes a county to recover its costs for dismantling and removing a damaged and abandoned manufactured home from a public roadway by filing suit against the owner in justice court. White, Nov. 14, 2005, A.G. Op. 05-0542.

A county board of supervisors may implement and erect road signs pursuant to a countywide Adopt-A-Roadway program displaying the names of the “adopting” entities. White, Feb. 17, 2006, A.G. Op. 06-0025.

Where a contingency contract for telephone overcharges is structured so that the entire amount recovered by the telephone audit firm for telephone overcharges is remitted to the county, and the contingency fee based on the amount collected is then paid by the county to the firm, it would comply with the provisions of Section 19-3-41(2). Trapp, June 30, 2006, A.G. Op. 06-0254.

Installation of GPS or other electronic tracking devices on county vehicles for emergency management purposes does not violate privacy rights under state law. Disclosure of the presence of such devices to the drivers and occupants of county vehicles is a matter of county policy. Drane, March 16, 2007, A.G. Op. #07-00105, 2007 Miss. AG LEXIS 74.

RESEARCH REFERENCES

ALR.

Power of county or its officials as to compromise of claims. 15 A.L.R.2d 1359.

Power of county supervisors to remit, release or compromise taxes. 28 A.L.R.2d 1428.

Validity, construction, and application of state or local laws regulating the sale, possession, use, or transport of fireworks. 48 A.L.R.5th 659.

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 161, 163, 164 et seq.

CJS.

20 C.J.S., Counties § 115.

§ 19-3-42. Maintenance of private roads and driveways used for school bus turnarounds; public school grounds; driveways and parking lots of nonprofit organizations.

  1. The board of supervisors of any county is hereby authorized and empowered, in its discretion, to grade, gravel or shell, repair, and/or maintain private gravel or shell roads or driveways to private residences if such roads or driveways are used for school bus turnarounds.
  2. Prior to engaging in the work authorized in subsection (1) of this section, the board of supervisors shall spread upon the official minutes of the board:
    1. The written request of the school board for such work;
    2. The written approval of the board of supervisors for such work;
    3. The specific location of the road or driveway to be worked; and
    4. The name of the owner of the road or driveway to be worked.
  3. The written request of the school board, as required in subsection (2)(a) above, shall contain a current list of all active school bus turnarounds presently in use by the school district or contemplated for use by the school district for the present school year. The approval by the board of supervisors shall be valid and effective for the period of time that a turnaround is anticipated for use, but in no event for a period greater than one (1) year.
  4. In addition to the authority granted in subsection (1) of this section, from and after October 1, 1989, the board of supervisors of any county is further authorized, in its discretion, to maintain public school grounds of the county and to grade, gravel, shell or overlay, and/or to maintain gravel, shell, asphalt or concrete roads, driveways or parking lots of public schools of the county if, before engaging in such work, the board of supervisors shall spread upon its official minutes the written request of the school board for such work, the written approval of the board of supervisors for such work and the specific location of the school grounds or road, driveway or parking lot, to be worked.
  5. In addition to any other authority granted in this section, the board of supervisors of any county is hereby authorized, in its discretion, to repair and maintain driveways and parking lots of: (a) any nonprofit organization in the county which is tax exempt under Section 501(c) of the United States Internal Revenue Code and which has as one (1) of its primary purposes for organization to aid and assist in the rehabilitation of persons suffering from drug abuse or drug addiction; and (b) any private, nonprofit cemeteries in the county. The board of supervisors of any county shall not be authorized under the provisions of this subsection to repair or maintain driveways or parking lots located more than one hundred fifty (150) feet from the center of any highway, road or street under the jurisdiction of the county.

HISTORY: Laws, 1988, ch. 493, § 1; Laws, 1989, ch. 422, § 1; Laws, 1989, ch. 541, § 1; Laws, 1990, ch. 368, § 1, eff from and after October 1, 1990.

Cross References —

Maintenance of roads, driveways, parking lots and grounds of public schools by governing authorities of municipalities, see §21-37-4.

Federal Aspects—

Tax exempt nonprofits organizations which have as a primary purpose to aid and assist in rehabilitation of drug abusers or drug addicts, see 26 USCS § 501(c).

JUDICIAL DECISIONS

1. Public benefit.

Where there was only one residence on a road, there was no public benefit from its use; therefore, the road was properly determined to be a private road. George County by & Through Board of Supervisors v. Davis, 721 So. 2d 1101, 1998 Miss. LEXIS 638 (Miss. 1999).

OPINIONS OF THE ATTORNEY GENERAL

Section 19-3-42 does not apply to turnarounds used by Headstart buses and that there is no authority for the board of supervisors to maintain private roads and driveways for the purpose of assisting Headstart buses. Crow, December 13, 1995, A.G. Op. #95-0825.

The School bus turnaround statute authorizes a political entity to use taxpayer money to grade, gravel, repair or maintain private property for a public purpose. Section 19-3-42 expressly provides that the school board must make a written request to the board of supervisors for such work. There is no statutory authority for the school board to delegate this responsibility to an individual employee. Houston, March 1, 1996, A.G. Op. #96-0061.

The County Board of Supervisors, under Section 19-3-42, may furnish dirt to an athletic field for the purpose of maintaining and preparing same for the season. Gex, March 15, 1996, A.G. Op. #96-0098.

Section 19-3-42 does not allow a county to lay out and construct a private road or driveway. However, if the parcel in question is donated to the county for use as part of a public road and the board finds on its minutes that the acceptance of such donation is in the public interest and for the public use, then the county may construct and maintain such section as a public road. Gex, August 16, 1996, A.G. Op. #96-0547.

Under Section 19-3-42 the maintenance of public school grounds does not include the erection of equipment such as basketball goals and playground equipment. Bradley, November 1, 1996, A.G. Op. #96-0739.

The board of supervisors may grade and maintain public school grounds as long as the requirements of this statute are met. Carroll, Dec. 5, 1997, A.G. Op. #97-0731.

Counties cannot contribute funds or materials for construction of a concession stand and press box at a public school athletic facility. Pierce, March 6, 1998, A.G. Op. #98-0071.

A supervisor in a beat county may repair and/or maintain a road or driveway used for a school bus turnaround when such turnaround has been approved in accordance with the requirements of the statute; however there is no authority for a board of supervisors or one district to construct and/or maintain a parking area for school buses at the end of its route or at the drivers’ homes. Johnson, April 24, 1998, A.G. Op. #98-0227.

A county may maintain (grading, graveling, shelling, repairing, and/or otherwise maintaining) private gravel or shell roads or driveways to private residences properly established as school bus turnarounds. Smith, September 4, 1998, A.G. Op. #98-0490.

This section does not authorize a county to build or construct a private road or driveway to be used as a school bus turnaround or to construct a parking area for a school bus at its driver’s home; however, if the statutory procedures are followed, a school bus driver’s private gravel or shell driveway may be designated as a school bus turnaround and may be maintained by the county. Walters, January 8, 1999, A.G. Op. #98-0770.

This section does not authorize a county to build or construct a private road or driveway to be used as a school bus turnaround or to construct a parking area for a school bus at its driver’s home; however, if the statutory procedures are followed, a school bus driver’s private gravel or shell driveway may be designated as a school bus turnaround and may be maintained by the county. Smith, January 8, 1999, A.G. Op. #98-0772.

There is no authority that would allow a county to reimburse a school board for an expenditure the school board made prior to any contract or interlocal agreement becoming effective, and without prior authorization by the county. Gex, February 12, 1999, A.G. Op. #98-0797.

The board of supervisors of any county may establish policies that set forth the timing for receiving requests from the school board for work on bus turnarounds; the establishment and adoption of these policies must appear in the minutes of the meeting; alternatively, a county board of supervisors may simply continue to handle such requests as they come before the board on an as-needed basis. Davies, Nov. 19, 1999, A.G. Op. #99-0631.

A county road department may not furnish and install culvert pipes or otherwise build an entrance ramp to afford adjoining property owners access to state highways. Bishop, Dec. 10, 1999, A.G. Op. #99-0659.

The demolition of a structure and the hauling off of debris from such a structure does not meet the meaning of maintaining public school grounds or maintaining school driveways found in the statute; demolition and hauling off demolition debris go hand in hand, and such actions are in the nature of work upon buildings, not grounds. Lamar, Jr., Mar. 30, 2001, A.G. Op. #01-0130.

A county board of supervisors lacks statutory authority to make appropriate repairs and/or to maintain private gravel or shell roads or driveways to private residences for private school bus turnarounds; however, a lawfully established and maintained public school bus turnaround could also be utilized by a private school bus upon consent of the private landowner. Fillingane, Sept. 21, 2001, A.G. Op. #01-0589.

A county board of supervisors lacks authority to provide the use of its equipment and county employees to take down the building on city property and transport it to district school grounds. Smith, Feb. 22, 2002, A.G. Op. #02-0063.

A county board of supervisors lacks statutory authority to maintain and repair buses utilized to transport handicapped persons that are owned by a profit or a nonprofit corporation. Chamberlin, Feb. 20, 2002, A.G. Op. #02-0064.

A county board of supervisors is without authority to contract with a construction company for the building of track lanes at the local high school. Chamberlin, Feb. 26, 2002, A.G. Op. #02-0071.

There is no authority for a board of supervisors to perform work on a private driveway for access of a head start bus or a community service disability bus. Lee, Jr., May 10, 2002, A.G. Op. #02-0247.

A board of supervisors may repair and maintain driveways and parking lots on private nonprofit cemeteries upon satisfying the requirements of subsection (5). Barefield, July 19, 2002, A.G. Op. #02-0354.

The statute provides authority to repair and maintain, but does not provide authority to lay out and construct new driveways and parking lots to private nonprofit cemeteries. Barefield, July 19, 2002, A.G. Op. #02-0354.

A board of supervisors has the discretionary authority to grade, gravel or shell and/or to repair and maintain roads or driveways to public cemeteries. Barefield, July 19, 2002, A.G. Op. #02-0354.

There is no authority for a board of supervisors to lay out, construct and/or pave new roads or driveways to public cemeteries. Barefield, July 19, 2002, A.G. Op. #02-0354.

If the board of supervisors determines that crushed limestone constitutes gravel within the meaning of §19-3-42, then it may be utilized on school bus turnarounds. Dulaney, Sept. 6, 2002, A.G. Op. #02-0489.

The board of supervisors may repair and maintain roads for school bus turnarounds more than 150 feet from the center line of a public highway, road or street in their jurisdiction. Dulaney, Sept. 6, 2002, A.G. Op. #02-0489.

Subsection (4) of this section provides authority for county personnel to assist a school district in the preparation and maintenance of football fields provided the board of supervisors shall first spread upon its minutes the written request of the school board for such work and the approval by the board of such work including specific location of the grounds. Dulaney, Sept. 13, 2002, A.G. Op. #02-0529.

If the board of supervisors exercises its discretion and determines that a school bus turn-around located on private property is one it wishes to maintain, then the board of supervisors or the landowner is responsible for the purchase of any gravel needed for repair of the turn-around. Jacobs, Dec. 20, 2002, A.G. Op. #02-0690.

A school district has authority to pay for materials needed to create or make repairs to school bus turn-arounds located on private property. Jacobs, Dec. 20, 2002, A.G. Op. #02-0690.

A county has no authority to use county-owned equipment and materials to place gravel on a private drive leading to a local, private water association tank. Chamberlin, Jan. 10, 2003, A.G. Op. #02-0723.

If a “private foundation,” as defined by 26 U.S.C.S. Section 509 as being an organization described in Section 501(c)(3), has applied for and has been granted 501(a) tax exempt status, the Board of Supervisors would be empowered to exercise the authority contained in Section 19-3-42(5) to repair and maintain the parking lot or driveway of a qualified foundation; however, regardless of whether the “private foundation” meets all the qualifications of a 501(c)(3) tax exempt organization, if it has not applied for and received a tax exempt designation from the Secretary of the Treasury, it does not fit within the language of Section 19-3-42(5), and the Board would have no authority to repair or maintain the driveways or parking lots. Yancey, May 16, 2003, A.G. Op. 03-0210.

Where a school bus is actually being used for a public school and its students instead of a private entity, the maintenance of bus turn-arounds would not exceed the authority of the board of supervisors. Clayton, Jan. 28, 2005, A.G. Op. 05-0005.

Section 19-3-42 does not authorize a county to build or construct a private road or driveway to be used as a school bus turnaround, only to maintain one. However, if the statutory procedures are followed, a school bus driver’s private gravel or shell driveway may be designated as a school bus turnaround and may be maintained by the county. Watson, Mar. 17, 2006, A.G. Op. 06-0070.

A county may repair or maintain those portions of an eligible cemetery’s parking lots, driveways, and interior roads, and culverts which drain same, which are within 150 feet from the center of the highway, road or street that is under the jurisdiction of the county. Williams, May 12, 2006, A.G. Op. 06-0153.

No provision in state law permits public funds to be expended to improve a privately owned driveway where the United States Postal Service requests such improvements to improve access by mail carriers. White, July 25, 2006, A.G. Op. 06-0304.

§ 19-3-43. Board to provide and designate building for its meetings and sessions of court when courthouse unavailable.

When there shall not be a courthouse in any county, or the same may be undergoing repairs, or unfit for use, the board of supervisors may meet at a convenient place in the county and shall provide and designate some suitable building in which the courts of the county and the meetings of the board of supervisors may be held, the expense of which, and for fitting the same for the purpose, shall be paid out of the county treasury. If the board shall fail to make such provision, the sheriff of the county may do so.

HISTORY: Codes, 1857, ch. 59, art 23; 1871, § 1370; 1880, § 2151; 1892, § 306; 1906, § 325; Hemingway’s 1917, § 3698; 1930, § 220; 1942, § 2895.

Cross References —

Removal of local governments in emergencies, see §§17-7-1 et seq.

JUDICIAL DECISIONS

1. In general.

A county board of supervisors has a duty under §§19-3-41 and 43 to provide adequate court facilities for each county. Encompassed therein is the duty to provide a courtroom free of such noise as substantially interrupts court proceedings. If the legislative branch fails to furnish the absolute essentials required for the operation of an independent and effective court, then no court affected thereby should fail to act. County boards of supervisors are subject to appropriate court orders requiring them to furnish adequate courtroom facilities when they adamantly fail or refuse to do so. Hosford v. State, 525 So. 2d 789, 1988 Miss. LEXIS 217 (Miss. 1988).

Where old courthouse burned and sheriff and board of supervisors designated another building as temporary courthouse, tax sale could be validly held only at the door of the temporary courthouse, and tax sale held in front of concrete steps at ruins of old courthouse, which was not visible from the temporary courthouse, was void. Collins v. Wright, 197 Miss. 695, 20 So. 2d 837, 1945 Miss. LEXIS 306 (Miss. 1945).

Decision that place of holding court had been lawfully designated was final and could not be collaterally attacked by motion to quash indictment because not returned at place legally designated for holding court. Jones v. State, 168 Miss. 702, 152 So. 479, 1934 Miss. LEXIS 376 (Miss. 1934).

A grand jury holding its deliberations in the place lawfully provided for holding of court during construction of a new courthouse is in session “at” the courthouse. Whitaker v. State, 141 Miss. 788, 106 So. 96, 1925 Miss. LEXIS 212 (Miss. 1925).

Where a judge decides that the place provided for him has been lawfully designated as the place for holding his court, his decision to that effect is final and is not open to collateral attack. Brookhaven Lumber & Mfg. Co. v. Adams, 132 Miss. 689, 97 So. 484, 1923 Miss. LEXIS 101 (Miss. 1923).

As to “office” of clerk of the board of supervisors. Johnson v. Board of Sup'rs, 113 Miss. 435, 74 So. 321, 1917 Miss. LEXIS 119 (Miss. 1917).

The courthouse having been destroyed, a tax sale made at a building in the county seat, under an order of the board of supervisors of the same date, designating it as the courthouse and the place where tax sales should be made is not void. Thayer v. Hartman, 78 Miss. 590, 29 So. 396, 1900 Miss. LEXIS 147 (Miss. 1900).

A verbal authority by the board to the sheriff to rent offices for the use of the county is invalid. If the sheriff rent them and the county use them, the county will, however, be liable for a reasonable rent. Crump v. Board of Supervisors, 52 Miss. 107, 1876 Miss. LEXIS 174 (Miss. 1876).

OPINIONS OF THE ATTORNEY GENERAL

If board of supervisors fails to provide suitable substitute building in which to hold court when county courthouse is unsuitable, then sheriff may do so. Ford, Jan. 12, 1994, A.G. Op. #93-0959.

§ 19-3-44. Alternate court facilities in counties containing two judicial districts.

  1. The board of supervisors of any county in which there are two (2) judicial districts may provide alternate facilities for the courts of one judicial district when the courthouse of such district is in a condition of disrepair due to damage or construction. Such alternate facilities may be located in the other judicial district of the county and may be located in the courthouse of such other judicial district, but nothing contained herein shall be construed to require such facilities to be located in said courthouse if, in the discretion of the board of supervisors, some other location is preferred.
  2. The several courts of any county wherein there are two (2) judicial districts may by order duly entered on the minutes of the court remove the court to the alternate facility provided by the board of supervisors located in the other judicial district when such transfer is required as provided herein and in such event no cause of action shall be defeated, delayed or otherwise impeded based upon a challenge to the jurisdiction of the court or a question of venue which results from such transfer.
  3. The provisions of this section shall be applicable only for such period as the court is prevented from sitting in the proper judicial district due to physical condition of the proper courthouse.

HISTORY: Laws, 1974, ch. 332, §§ 1-3, eff from and after passage (approved March 11, 1974).

RESEARCH REFERENCES

ALR.

Place of holding sessions of trial court as affecting validity of its proceedings. 18 A.L.R.3d 572.

Am. Jur.

20 Am. Jur. 2d, Courts §§ 18-20.

CJS.

20 C.J.S., Counties § 76.

21 C.J.S., Courts §§ 196, 224, 233-236.

§ 19-3-45. Repealed.

Repealed by Laws of 1988 Ex Sess, ch. 14, § 61, eff from and after January 2, 1989.

[Codes, 1942, § 2957; Laws, 1938, ch. 300; Laws, 1946, ch. 479]

Editor’s Notes —

Former §19-3-45 related to the preparation and filing of inventories of county personal property. For provisions concerning county inventory control, see §31-7-107.

§ 19-3-47. Employment of counsel.

    1. The board of supervisors shall have the power, in its discretion, to employ counsel by the year at an annual salary at an amount that it deems proper, not to exceed the maximum annual amount authorized by law for payment to a member of the board.
    2. The board of supervisors shall have the power, in its discretion, to employ counsel in all civil cases in which the county is interested, including eminent domain proceedings, the examination and certification of title to property the county is acquiring and in criminal cases against a county officer for malfeasance or dereliction of duty in office, when by the criminal conduct of the officer the county may be liable to be affected pecuniarily, with the counsel to conduct the proceeding instead of the district attorney, or in conjunction with him, and to pay the counsel out of the county treasury or the road fund that may be involved reasonable compensation, or if counsel so employed is retained on an annual basis as provided in this subsection, reasonable additional compensation for his services.
    3. The board of supervisors shall have the power, in its discretion, to pay reasonable compensation to attorneys who may be employed by it in the matter of the issuance of bonds and the drafting of orders and resolutions in connection therewith. In no instance shall the attorney’s fee for the services exceed the following amounts, to wit:

      One percent (1%) of the first Five Hundred Thousand Dollars ($500,000.00) of any one (1) bond issue; one-half percent (1/2%) of the amount of the issue in excess of Five Hundred Thousand Dollars ($500,000.00) but not more than One Million Dollars ($1,000,000.00); and one-fourth percent (1/4%) of the amount of the issue in excess of One Million Dollars ($1,000,000.00). The limitations imposed in this paragraph shall not apply to any bond issue for which a declaration to issue the bonds has heretofore been adopted by proper resolution.

    4. This subsection shall not in anyway amend or repeal or otherwise affect subsection (2) of this section, but this subsection shall remain in full force and effect.
  1. The board of supervisors of any county, in addition to the authority conferred upon it in subsection (1) of this section, may employ, in its discretion, a firm of attorneys to represent it as its regular attorneys on the same terms, conditions and compensation as provided for employment of an attorney as its regular attorney. However, there shall not be both an attorney and a firm of attorneys employed at the same time as the regular attorney for the board.
  2. In any county having a 1980 federal census population in excess of one hundred eighteen thousand (118,000), and in which is located a major refinery for the production of petroleum products and a facility for the construction of ships for the United States Navy; in any county which is traversed by an interstate highway and having a 1980 federal census population in excess of sixty-six thousand (66,000), and in which is located a comprehensive university operated by the Board of Trustees of State Institutions of Higher Learning and a National Guard training base; in any county in which is located the State Capitol and the state’s largest municipality; in any county which is traversed by Interstate Highway 55, United States Highway 51 and United States Highway 98; in any county bordering the Gulf of Mexico, having a 1980 federal census population in excess of one hundred fifty-seven thousand (157,000), and in which is located a state-owned port; and in any county which is traversed by Interstate Highway 20, United States Highway 49 and United States Highway 80, and in which is located the State Hospital and an international airport; all of which foregoing criteria the Legislature finds to be conducive to industrial development requiring the issuance of industrial revenue bonds and which counties would gain benefits by employment of counsel in the manner authorized by this subsection, the board of supervisors, as an alternative to the authority conferred upon it in subsections (1) and (2) of this section, may employ annually, in its discretion, an attorney as a full-time employee of the county, subject to the following conditions:
    1. The attorney shall maintain an office in the county courthouse or other county-owned building and shall represent the board of supervisors and all county agencies responsible to the board;
    2. The attorney shall be employed by the board of supervisors in the matter of the issuance of all bonds of the county and the drafting of resolutions in connection therewith, and shall represent the board in all state and federal courts. Attorney’s fees for the services which otherwise would have been paid to an attorney under paragraph (1)(c) of this section shall be paid into the county general fund and used to defray the salary of the attorney and his necessary office expenses;
    3. During his employment by the county, the attorney shall not engage otherwise in the practice of civil or criminal law and shall not be associated with any other attorney or firm of attorneys;
    4. The board of supervisors shall have the power, in its discretion, to pay the attorney an annual salary not to exceed the maximum annual salary authorized by law to be paid to the county judge of that county; and
    5. The board of supervisors may authorize, in its discretion, the employment of special counsel to assist the counsel employed pursuant to this subsection, provided that the board shall determine and spread on its minutes that the employment of the special counsel is necessary and in the best interest of the county and setting forth the duties or responsibilities assigned to the special counsel.

HISTORY: Codes, 1857, ch. 59, art 35; 1871, § 1385; 1880, § 2176; 1892, § 293; 1906, § 312; Hemingway’s 1917, § 3685; 1930, § 272; 1942, §§ 2958, 3374-95.5; Laws, 1924, ch. 212; Laws, 1936, ch. 308; Laws, 1942, ch. 218; Laws, 1946, chs. 182, 424; Laws, 1948, ch. 263; Laws, 1952, ch. 222; Laws, 1956, ch. 189; Laws, 1958, ch. 220; Laws, 1960, chs. 190, 191; Laws, 1962, chs. 248, 249; Laws, 1964, ch. 275, § 1; Laws, 1962, 2d Ex Sess ch. 25, § 1; Laws, 1966, ch. 296, § 1; Laws, 1968, ch. 285, §§ 1, 2; Laws, 1971, ch. 429, § 1; Laws, 1972, ch. 393, § 1; Laws, 1973, ch. 336, § 1; Laws, 1984, ch. 491; Laws, 1989, ch. 424, § 1; Laws, 1990, ch. 508, § 1; Laws, 1995, ch. 341, § 1, eff from and after passage (approved March 14, 1995).

Cross References —

Employment of county prosecuting attorney as attorney for board of supervisors, see §19-23-15.

Appointment and compensation of municipal attorney generally, see §21-15-25.

Other sections derived from same 1942 code sections, see §§21-15-25,21-15-27.

JUDICIAL DECISIONS

1. In general.

2. Illustrative cases.

1. In general.

Members of a county board of supervisors are empowered to employ counsel and defend themselves when sued in causes arising out of their official position where they have a colorable defense and present the defense in good faith; however, where there is no reasonable basis for a defense and/or where the board members proceed in bad faith, they act ultra vires and have no power to expend public funds for defense, and, in such cases, the court should order that any such defense be at their own expense and that any public funds expended be reimbursed. Richardson v. Canton Farm Equipment, Inc., 608 So. 2d 1240, 1992 Miss. LEXIS 596 (Miss. 1992).

A county had standing under §21-1-31 to object to the annexation of county territory by a city since it was a party interested in, affected by or aggrieved by the annexations. Furthermore, a combined reading of §§11-45-17,11-45-19, and19-3-47(1)(b) vested in the county, acting by and through its board of supervisors, authority to exercise its standing and to employ counsel and participate fully in each annexation and confirmation proceeding. Harrison County v. Gulfport, 557 So. 2d 780, 1990 Miss. LEXIS 44 (Miss. 1990).

Where a board of supervisors in issuing refunding bonds as provided by law, engaged in connection therewith the services of an attorney, who on declining to proceed further without increased compensation received a settlement for his work done and expenses incurred, and new attorneys were engaged to complete the work, and the board of supervisors made appropriations for the payment of such attorney’s fees under their authority to appropriate money for the payment of the expenses incurred in issuing the bonds, no liability accrued against the board of supervisors, notwithstanding that such appropriation for attorney’s fees may have exceeded the amount authorized or that they were in violation of constitutional provisions prohibiting extra compensation to public officers, agents, servants or contractors after service rendered or contract made or part payment of any claim under a contract not authorized by law, and against relief of any obligation or liability owing to any county, etc. Causey v. Gilbert, 193 Miss. 756, 10 So. 2d 451, 1942 Miss. LEXIS 148 (Miss. 1942).

Board of supervisors is not authorized to pay traveling expenses of its attorney in performance of his duties except those while representing board before state tax collector. Gully v. Bridges, 170 Miss. 891, 156 So. 511, 1934 Miss. LEXIS 182 (Miss. 1934).

Bill against board of supervisors and its attorney, alleging illegal payment of attorney’s traveling expenses, held not subject to general demurrer. Gully v. Bridges, 170 Miss. 891, 156 So. 511, 1934 Miss. LEXIS 182 (Miss. 1934).

An admission of counsel for a defendant county in a suit for damages for abandoning a highway is binding on the county. Noxubee County v. Long, 141 Miss. 72, 106 So. 83, 1925 Miss. LEXIS 209 (Miss. 1925).

Where the revenue agent brought a suit in behalf of the county against a depository the court had the discretion to permit an attorney for the board of supervisors to co-operate with the revenue agent in the suit. Robertson v. Bank of Batesville, 116 Miss. 501, 77 So. 318, 1917 Miss. LEXIS 335 (Miss. 1917).

The board of supervisors, under Code 1892, § 293 may employ advisory counsel by the year at an annual salary, and during the employment of such counsel, may employ other counsel in civil cases in which the county is interested and in criminal cases mentioned in the code section. Board of Sup'rs v. Booth, 81 Miss. 267, 32 So. 1000 (Miss. 1902).

The employment by the board of supervisors of counsel by the year as authorized by this section [Code 1942, § 2958], does not deprive it of power to employ a competent person, although he be a lawyer, other than the one previously employed, to investigate the titles to the sixteenth section school lands and to bring suits to confirm titles thereto. Warren County v. Dabney, 81 Miss. 273, 32 So. 908, 1902 Miss. LEXIS 116 (Miss. 1902).

The statute does not authorize the board to pay an attorney for procuring to be done what is its duty to have done, such as requiring officers to give new bonds in certain cases. Marion County v. Taylor, 55 Miss. 184, 1877 Miss. LEXIS 120 (Miss. 1877).

2. Illustrative cases.

Sheriff was not entitled to reimbursement for legal fees incurred by him as a party in a federal court lawsuit by employees seeking overtime pay because the statutes allowing the payment of fees were discretionary and did not require that counsel be provided to all employees with a colorable defense who acted in good faith. Madison County v. Hopkins, 857 So. 2d 43, 2003 Miss. LEXIS 577 (Miss. 2003).

Chancellor erred in ordering a county to pay part of the attorney’s fees a sheriff incurred in federal court litigation, on grounds that a conflict of interest entitled the sheriff to separate representation, as (1) the federal district court had ruled that there was no conflict of interest in the same attorney’s representing the sheriff in his official capacity and suing him in his individual capacity; and (2) Miss. Code Ann. §25-1-47 and Miss. Code Ann. §19-3-47 permitted, but did not require, the county to provide the sheriff legal counsel in the federal action. Madison County v. Hopkins, 857 So. 2d 43, 2003 Miss. LEXIS 299 (Miss. 2003).

OPINIONS OF THE ATTORNEY GENERAL

A contract which attempts to “irrevocably” employ private persons “to make the necessary investigations to ascertain the correct amount of the taxes and moneys which may be due and owing to the county of Issaquena and various taxing districts by the State of Mississippi and to collect said moneys,” etc., and to pay a sum equal to twenty per cent of all amounts found to be due and collected, held absolutely null and void. Ops Atty Gen, 1933-35, p 44.

The board of supervisors is not authorized to employ counsel for the purposes mentioned in said contract. Ops Atty Gen, 1933-35, p 44.

The board of supervisors is not authorized to employ an auditor to make the investigations mentioned in said contract. Ops Atty Gen, 1933-35, p 44.

Each member of the board of supervisors who votes to allow the claim on account thereof would be liable on his official bond for the amount so paid. Ops Atty Gen, 1933-35, p 44.

The board of supervisors may pay out not exceeding one per cent of the amount of the bonds issued to the attorney representing the board in the issuance and sale of said bonds. The amount paid the bond attorney for passing on the validity of such bonds would not be included in the amount. Ops Atty Gen, 1937-39, p 87.

This section applies to interest bearing notes issued by the county as well as to bonds. It applies to all notes and bonds issued by the board of supervisors of the county; that is, where the board of supervisors issues bonds for a school district, road district, or other taxing district, they could employ an attorney to perform the duties required. In such cases the fee should be paid out of the proceeds of the bond issue rather than the general county fund, or other funds. Ops Atty Gen, 1937-39, p 119.

The board of supervisors would not be authorized to employ additional advisory counsel if the amount paid such extra counsel plus the amount paid the regularly retained attorney exceed $600.00. Ops Atty Gen, 1939-41, p 118.

County board of supervisors has discretionary authority to employ legal counsel in civil cases in which the county is interested. Sanders, Dec. 18, 1991, A.G. Op. #91-0962.

Miss. Code Section 19-3-47(1)(c) provides express authority for county boards of supervisors to employ and, subject to limitations enumerated in statute, to compensate one or more attorneys in matter of issuance of bonds and drafting of orders and resolutions in connection therewith; attorney so employed who in fact provides such services may be attorney who is also separately employed as board’s regular attorney; and, maximum compensation limitations imposed by Miss. Code Section 19-3-47(1)(c) do not apply to payment of professional fees to bond counsel of national repute whose opinion is required by bond buyers or who is retained to promote marketability of bond issue; nor does it apply to professional fees of state bond attorneys. Walters, Jan. 14, 1993, A.G. Op. #982-0984.

Additional compensation paid to the board attorney should be paid from the county general fund. However, if such additional service performed by the attorney involves a road fund, then payment for those services should come from the road fund involved. Hemphill, February 23, 1995, A.G. Op. #95-0068.

Section 19-3-47 requires the board to document on the minutes the necessity and duties of special counsel prior to the making of an appointment. Appointment of the particular person to serve as the special counsel may be delegated to the county administrator. Anderson, September 13, 1996, A.G. Op. #96-0471.

While a county is authorized pursuant to Section 19-3-47(1)(b) to employ counsel where it is determined that the matter is one in which the county is interested, there is no authority for a county to donate funds to pay private legal fees. Rather, the county can expend money for legal fees for representation of the county itself when, for instance, it is a party in a legal proceeding. Walters, November 8, 1996, A.G. Op. #96-0738.

Provided the employment was made prior to services being rendered, a board of supervisors could employ counsel and pay the lawful fees and expenses incurred in a particular case. Southerland, May 17, 2002, A.G. Op. #02-0270.

A county board of supervisors may not pay the board attorney on an hourly basis for all his services. In the event the board finds that there are special cases or circumstances which are not within the scope of the duties of the regular board attorney and that additional legal services are reasonable and necessary for conducting the county’s business, it has discretion to hire either the board attorney or another attorney on an hourly fee contract to attend to those additional legal needs. Flanders, May 7, 2004, A.G. Op. 04-0186.

A county board of supervisors may not pay the expenses of the board attorney in providing his services. Flanders, May 7, 2004, A.G. Op. 04-0186.

Termination of a board attorney prior to expiration of his or her one-year term may only be for cause and due process must be afforded. Flanders, May 7, 2004, A.G. Op. 04-0186.

Counsel for a board of supervisors is a county employee and not an independent contractor. Flanders, May 7, 2004, A.G. Op. 04-0186.

Subject to the appropriate findings, the county board of supervisors had the authority to provide defense counsel for individual public defender attorneys in an action arising from complaints against the public defender system used by the county. Ross, Aug. 27, 2004, A.G. Op. 04-0386.

County boards of supervisors are authorized by Section 19-3-47(1)(b) to employ counsel in all civil cases in which the county is interested, which includes employing counsel to represent a county official who has been sued individually. Coleman, Oct. 20, 2006, A.G. Op. 06-0520.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 194 et seq.

Employment of attorney to prosecute county claims, 4 Am. Jur. Legal Forms, Counties, Form 4:1158.

§ 19-3-48. Monthly office allowance for attorney employed by board [Effective January 1, 2020].

The board of supervisors of any county in the state is authorized, in its discretion, to pay a monthly office allowance to the attorney employed by the board in an amount not exceeding the amount authorized to be paid for secretarial services for the county prosecuting attorney under Section 19-23-19.

HISTORY: Laws, 2019, ch. 485, § 11, eff from and after January 1, 2020.

Editor's Notes —

Laws of 2019, ch. 485, § 14, provides

“SECTION 14. This act shall take effect and be in force from and after January 1, 2020, except for Section 11, which shall take effect and be in force from and after July 1, 2019, and Sections 12 and 13, which shall take effect and be in force from and after the passage of this act.”

§ 19-3-49. Employment of counsel where there is no elected county prosecuting attorney; salary of Hancock County prosecuting attorney.

  1. In all counties of this state wherein there is no elected county prosecuting attorney, the boards of supervisors shall have the power and authority to employ a competent attorney to appear and prosecute in cases requiring the services of the county prosecuting attorney. The compensation paid to the person so employed shall be paid from the general fund of such county and shall not exceed, during any calendar year, the amount authorized by law to be paid as salary to the county prosecuting attorney in such county. The employment of a county prosecuting attorney as authorized by this section shall be pursuant to a contract which shall provide that the salary of such county prosecuting attorney shall not be reduced, increased or terminated for the period of the contract. Such contract shall be for the period of the remainder of the term of office of the board of supervisors which employs the county prosecuting attorney; however, the contract shall provide expressly or by reference to this section that the contract shall be abrogated upon the creation and filling of the office of elected county prosecuting attorney.
  2. Notwithstanding any of the provisions of subsection (1) of this section to the contrary, the board of supervisors of Hancock County may pay the attorney hired to appear and prosecute cases requiring the services of a county prosecuting attorney an annual salary of Forty-five Thousand Dollars ($45,000.00). The Legislature finds and declares that the annual salary authorized by this section is justified in Hancock County for the following reasons:
    1. The addition of a justice court judge in January 2004 created a total of three (3) judges in the county and requires the attorney hired to appear and prosecute cases requiring the services of a county prosecuting attorney to spend additional time in court; and
    2. The population of Hancock County increased from thirty-one thousand seven hundred sixty (31,760) in 1990, to forty-two thousand nine hundred sixty-seven (42,967) in 2000, which placed it in the top ten percent (10%) of the fastest growing counties in the state; and
    3. There was a significant increase in the number of cases filed in justice court and cases appealed to a higher court; and
    4. The attorney hired to appear and prosecute cases requiring the services of a county prosecuting attorney is responsible for handling a large number of drug, alcohol and mental commitment proceedings.

HISTORY: Codes, 1942, § 2958.3; Laws, 1950, ch. 267; Laws, 1978, ch. 509, § 4; Laws, 2004, ch. 447, § 1; Laws, 2006, ch. 363, § 1, eff from and after July 1, 2006.

Amendment Notes —

The 2004 amendment added (2) and (3).

The 2006 amendment deleted former (3), which read: “This section shall stand repealed from and after July 1, 2006.”

Cross References —

Election to abolish office of county prosecuting attorney, see §19-23-3.

Prosecution responsibilities of county attorney employed pursuant to this section where there is no elected county prosecuting attorney, see §19-23-11.

Effect on powers of district attorney when there is no elected county prosecuting attorney, see §25-31-11.

Employment of attorney under this section to represent state in proceedings under Implied Consent Law, see §63-11-23.

OPINIONS OF THE ATTORNEY GENERAL

In counties where there is no elected county prosecuting attorney, the county board of supervisors should appoint an attorney to appear and prosecute in cases requiring the services of such an attorney. Strugeon, Jan. 8, 1992, A.G. Op. #91-0917.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 194 et seq.

§ 19-3-51. Power of the board to subpoena witnesses and cite for contempt.

The board of supervisors shall have power to subpoena witnesses in all matters coming under its jurisdiction and to fine and imprison any person for a contempt committed while they are in session, the fine not to exceed Fifty Dollars ($50.00), and the imprisonment not to extend beyond the continuance of the term. The person so fined or imprisoned may appeal to the circuit court, as in other cases, from the order or judgment of the board, and such appeal shall operate as a supersedeas.

HISTORY: Codes, Hutchinson’s 1848, ch. 51, art 5 (8); 1857, ch. 59, art 9; 1871, § 1356; 1880, § 2138; 1892, § 283; 1906, § 301; Hemingway’s 1917, § 3674; 1930, § 206; 1942, § 2881.

§ 19-3-53. Collection of fines imposed by board.

When a fine shall be imposed upon any person by the board of supervisors, by virtue of any provision of law, the board shall cause the person to be summoned to appear at a succeeding meeting to show cause why the judgment for such fine shall not be made final. If sufficient cause be not shown at the return-day of the summons, the judgment shall be made final, with costs, and the clerk shall issue a capias pro finem therefor, as for fines in the circuit court, which shall be made returnable at the next regular meeting of the board. If good cause be shown, the board may set aside the fine, upon payment of costs. The clerk and sheriff shall be entitled to like fees, for services, as upon similar proceedings in the circuit court.

HISTORY: Codes, Hutchinson’s 1848, ch. 10, art 7 (42); 1857, ch. 15, art 36; 1871, § 2369; 1880, § 863; 1892, § 3936; 1906, § 4448; Hemingway’s 1917, § 7128; 1930, § 207; 1942, § 2882.

Cross References —

Payment of fines and forfeitures into county treasury, see Miss. Const. Art. 14, § 261.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions § 361.

§ 19-3-55. Elections for county purposes may be ordered by petition of qualified electors.

Unless otherwise specifically required by law, the board of supervisors of any county shall upon the filing of a petition touching any matter affecting the entire county and over which it has jurisdiction, signed by twenty-five per cent. of the qualified electors of the county, either pass an order putting said proposition in force and effect or immediately submit the same to a vote of the qualified electors of the county, after giving thirty days’ notice of said election, said notice to contain a statement of the proposition to be voted on at said election. If said election shall result in favor of the proposition petitioned for, the board of supervisors, shall pass the necessary order, to put the said proposition in force and effect. In the event the election shall result against the proposition submitted, no other election shall be held on the same, or substantially the same proposition within twelve months of the date of the prior election. This section shall not, however, apply to the creation of taxing districts.

HISTORY: Codes, 1930, § 310; 1942, § 3018; Laws, 1922, ch. 290.

Cross References —

Election to approve issue of county bonds, see §§19-9-11 et seq.

Elections under the Local Option Alcoholic Beverage Control Law, see §§67-1-11,67-1-13.

Election on question of permitting sales, etc. of wine and beer, see §67-3-7.

JUDICIAL DECISIONS

1. In general.

2. Notice.

3. Petitions.

4. —Sufficiency.

5. —Hearing.

1. In general.

A county board of supervisors had proper jurisdiction to call an election under the statute where no solid waste plan had been approved and no contract had been finalized and the board’s minutes contained an opinion of the Attorney General that the board did in fact have jurisdiction to call an election. Miss. Waste of Hancock County, Inc. v. Bd. of Supervisors, 818 So. 2d 326, 2001 Miss. LEXIS 43 (Miss. 2001).

A county board of supervisors acted properly under the statute when it suspended contract negotiations with the appellant regarding a privately owned waste facility and called for a special election. Miss. Waste of Hancock County, Inc. v. Bd. of Supervisors, 818 So. 2d 326, 2001 Miss. LEXIS 43 (Miss. 2001).

Section 19-3-55 does not require a matter to be spread on the board of supervisors’ minutes in order for the board to act on a petition. Leigh v. Board of Supervisors, 525 So. 2d 1326, 1988 Miss. LEXIS 265 (Miss. 1988).

Under the provisions of Code 1942, § 3018 the board of supervisors has authority to pass the necessary order to place the question of a beer referendum on the record on the ballot and, conversely, the board has authority to reject an election resulting from fraud or mistake. Thornton v. Wayne County Election Com., 272 So. 2d 298, 1973 Miss. LEXIS 1528 (Miss. 1973).

A board of supervisors may not call an election at county expense to determine by an unofficial vote the will of the electorate “just for their information”. Gill v. Woods, 226 So. 2d 912, 1969 Miss. LEXIS 1334 (Miss. 1969).

Where a board of supervisors entered no order determining the necessary jurisdictional prerequisites required by law, an order calling an election was void and all steps taken thereafter were void. Gill v. Woods, 226 So. 2d 912, 1969 Miss. LEXIS 1334 (Miss. 1969).

A board of supervisors has no authority to act on a petition for an election until it has determined by an order spread on its minutes that it has jurisdiction of the matter, that the petition complied with the statute, and that the requisite number of electors had signed the petition; and in so doing the board acts judicially. Gill v. Woods, 226 So. 2d 912, 1969 Miss. LEXIS 1334 (Miss. 1969).

Under a statute allowing the county to determine that it shall be unlawful to transport beer of alcoholic content not more than 4 per cent, an indictment which charged violation of the statute but did not set out each step by which county effected its “determination” but stated that the county determined was sufficient. Hoyle v. State, 216 Miss. 330, 62 So. 2d 380, 1953 Miss. LEXIS 641 (Miss. 1953), but see Dantzler v. State, 542 So. 2d 906, 1989 Miss. LEXIS 197 (Miss. 1989).

This section [Code 1942, § 3018] governs a general election ordered upon a petition to exclude beer and wine from a county and the primary election laws are not applicable thereto. Miles v. Board of Sup'rs, 33 So. 2d 810 (Miss. 1948).

2. Notice.

In the absence of the 30-day notice required by this section [Code 1942, § 3018], an election ordered by a board of supervisors was void. Gill v. Woods, 226 So. 2d 912, 1969 Miss. LEXIS 1334 (Miss. 1969).

Notice of local option election on question of outlawing wine and beer, given for thirty days in newspaper published and circulated in county, is correct and proper notice of election, as notice required to be given of such election is governed by this section (Code 1942, § 3018) and not by § 3294, Code of 1942. Duggan v. Board of Sup'rs, 207 Miss. 854, 43 So. 2d 566, 1949 Miss. LEXIS 396 (Miss. 1949).

The contemplated method of giving notice is by publication in a newspaper. Henry v. Board of Sup'rs, 203 Miss. 780, 34 So. 2d 232, 1948 Miss. LEXIS 321 (Miss. 1948).

Final order of board of supervisors from which appeal will lie in the exclusion of light wines and beer in the county, is the order showing affirmatively an adjudication as to the sufficiency of the notice of the election and publication according to law, that the notice contained a statement of the proposition to be voted on at the election and that the report of the election commissioners disclosed that a majority of those voting in the election had voted in favor of exclusion. Costas v. Board of Sup'rs, 196 Miss. 104, 15 So. 2d 365, 1943 Miss. LEXIS 6 (Miss. 1943).

Objection that notice for election hereunder, for the exercise of local option in the county, was signed by the president and clerk of the board of supervisors instead of by the election commissioners of the county, was without merit where the notice given was sufficient in form and substance, and pursuant thereto the election commissioners proceeded to hold the election and certify the result thereof as required by law. Sides v. Board of Sup'rs, 190 Miss. 420, 200 So. 595, 1941 Miss. LEXIS 64 (Miss. 1941).

Where the board of county supervisors directed the election commissioners to give the notice required in respect to an election for local option and also directed the clerk to give the required notice but he failed to do so, and the notice by the commissioner specifically referred to the order of the board as the authority by which it was given, the notice was sufficient as against the contention that the notice must be given by the board of supervisors; it was not necessary that two notices should be given or that the notice should appear in more than one public newspaper of the county. Barron v. Board of Sup'rs, 184 Miss. 376, 185 So. 806, 1939 Miss. LEXIS 43 (Miss. 1939).

A special election for local option in a county was found to be in all respects legal, where the order of the board of supervisors in passing upon the sufficiency of the petition for a special election recited that it was signed by more than 20 per cent of the qualified voters of the county, and the board’s order after the election recited that due and proper notice was given as required by statute and proper proof of publication had been made and filed. Day v. Board of Sup'rs, 184 Miss. 611, 185 So. 251, 1939 Miss. LEXIS 16 (Miss. 1939).

The manner of publication of notice for local option election is controlled by general statute requiring 30 days’ notice of election on any matter affecting the entire county. Martin v. Board of Supervisors, 181 Miss. 363, 178 So. 315, 1938 Miss. LEXIS 80 (Miss. 1938).

Six weeks’ publication of notice of local option election, effected by order of clerk of board of supervisors rather than of election commissioners, without board’s issuing commission to election commissioners directing the commissioners to hold election, was proper irrespective of applicability of general statute authorizing board of supervisors to call election, where election commissioners actually held the election in conformity with law. Martin v. Board of Supervisors, 181 Miss. 363, 178 So. 315, 1938 Miss. LEXIS 80 (Miss. 1938).

3. Petitions.

Where a petition was signed and filed with the clerk of the board of supervisors containing more than 20 percent of the qualified electors of the county, praying that the county road bonds be not issued until after election has been held, and where later a number of the petitioners requested the removal of their names from the original petition and this made a total of less than 20 percent of qualified voters remaining on original petition, the board of supervisors could direct the sale of bonds without holding of election. Coleman v. Thompson, 216 Miss. 867, 63 So. 2d 533, 1953 Miss. LEXIS 708 (Miss. 1953).

It is the duty of a board of supervisors to canvass the names on petitions filed with it in order to determine whether or not such petitions contain the required number and the requisite qualifications, and, in doing so, the board acts judicially. Coleman v. Thompson, 216 Miss. 867, 63 So. 2d 533, 1953 Miss. LEXIS 708 (Miss. 1953).

In determining whether required number of qualified electors had petitioned for election to determine whether county board bonds should be issued, the board of supervisors acts judicially. Coleman v. Thompson, 216 Miss. 867, 63 So. 2d 533, 1953 Miss. LEXIS 708 (Miss. 1953).

Persons who have signed a petition calling for election to determine whether county road bonds should be issued and the petition has been filed with the board of supervisors, have the right to take their names off at any time before final action by the board. Coleman v. Thompson, 216 Miss. 867, 63 So. 2d 533, 1953 Miss. LEXIS 708 (Miss. 1953).

4. —Sufficiency.

An order by the board of supervisors adjudicating the sufficiency of the petition and ordering an election, after a secret session from which interested parties and their attorneys were excluded, and a final judgment of the board excluding wine and beer from a county, pursuant to such election, are without authority of law and a denial of due process. Miles v. Board of Sup'rs, 33 So. 2d 810 (Miss. 1948).

In determining the sufficiency of a petition to exclude wine and beer from a county as regards the necessary number of signatures of qualified voters, the registration books are not conclusive evidence that the persons registered are qualified electors. Miles v. Board of Sup'rs, 33 So. 2d 810 (Miss. 1948).

Adjudication of county board of supervisors as to sufficiency of signatures to petition for an election to determine whether traffic in light wines and beers should be excluded from the county, was interlocutory, and entire cause, including that issue, must on pertinent and competent protest be adjudicated by the board upon trial before the final judgment could be entered in the case. Costas v. Board of Sup'rs, 198 Miss. 440, 22 So. 2d 229, 1945 Miss. LEXIS 213 (Miss. 1945).

Fact that some citizens not in privity with present protestants had appeared before county board of supervisors and contested sufficiency of petition for an election to determine whether traffic in light wines and beer should be excluded from county, on ground that petition did not contain the required 20 per cent of the qualified electors when the board adjudicated the petition to be sufficient, did not estop other taxpayers from subsequently contesting the petition on the same grounds, where the present protestants had no notice of the hearing on the original petition and did not participate therein, since the hearing on the original petition did not close the question as to the sufficiency of the petition. Costas v. Board of Sup'rs, 198 Miss. 440, 22 So. 2d 229, 1945 Miss. LEXIS 213 (Miss. 1945).

With respect to the requirement that upon filing of petition the board shall “immediately submit the same to a vote,” the board may delay its decision in order to afford an opportunity to itself and others to examine and verify the petitions and to check their sufficiency. Costas v. Board of Sup'rs, 196 Miss. 104, 15 So. 2d 365, 1943 Miss. LEXIS 6 (Miss. 1943).

Order of board of supervisors, adjudicating sufficiency of petitions for election and providing for election to exclude traffic in light wines and beer in county, was an interlocutory order and not a final order, requiring appeal therefrom within ten days in order to question sufficiency of petitions. Costas v. Board of Sup'rs, 196 Miss. 104, 15 So. 2d 365, 1943 Miss. LEXIS 6 (Miss. 1943).

5. —Hearing.

Board of county supervisors, after an election wherein it was determined that traffic in light wines and beer should be excluded from the county, must allow protestants a hearing on issue whether the petition for the election contained the required 20 per cent of the qualified electors. Costas v. Board of Sup'rs, 198 Miss. 440, 22 So. 2d 229, 1945 Miss. LEXIS 213 (Miss. 1945).

OPINIONS OF THE ATTORNEY GENERAL

If the proposed ordinance would not affect the entire county, then an election may not be held pursuant to Section 19-3-55. Gex, May 3, 1996, A.G. Op. #96-0180.

A county’s direction to a regional authority to submit a local plan and a county’s resolution to the permit board, both as allowed and directed by §17-17-325, could be subject to a petition under this section (modifying opinion to Gex dated April 9, 1999). Cuevas & Compretta, May 27, 1999, A.G. Op. #99-0266.

A revision of an approved local solid waste management plan for a county by the board of supervisors to include a proposed landfill and the expansion of the service area is a matter requiring specific approval by the board of supervisors and, further, such approval could be subject to a petition under the statute (modifying opinion to Gex dated April 9, 1999). Cuevas & Compretta, May 27, 1999, A.G. Op. #99-0266.

The proper political entity to receive petitions pursuant to the statute is the board of supervisors. Benvenutti, March 17, 2000, A.G. Op. #99-0216.

The practice of boards of supervisors to seek certification from their respective county circuit clerks as to the number of signatures of qualified electors appearing on such petitions prior to the adjudication of the sufficiency of those petitions is, in most if not all cases, necessary to protect the integrity of the process since circuit clerks are the custodians of the registration records. Benvenutti, March 17, 2000, A.G. Op. #99-0216.

A county board of supervisors may place the issue of Sunday sales of beer and light wines before the electorate by means of a non-binding referendum. Hemphill, Apr. 4, 2003, A.G. Op. 03-0061.

A petition filed and certified pursuant to Section 19-3-55 requires a board of supervisors to adopt the proposition set forth in the petition or, in the alternative call an election on the proposition provided that the essential elements of the statute are present. Carroll, Dec. 9, 2005, A.G. Op. 05-0574.

RESEARCH REFERENCES

Am. Jur.

26 Am. Jur. 2d, Elections §§ 270 et seq.

§ 19-3-57. Tickets; what shall be printed on same.

The tickets to be used in an election pursuant to Section 19-3-55 shall have a substantial synopsis of the proposition petitioned for, printed thereon, and next below shall have the words, “For the Proposition”; and the words, “Against the Proposition”, next below. In making up his ticket the voter shall, if he favors the proposition, make a cross (x) opposite the words, “For the Proposition” on his ticket, and if he does not favor the proposition, he shall make a cross (x) opposite the words, “Against the Proposition.”

HISTORY: Codes, 1930, § 311; 1942, § 3019; Laws, 1922, ch. 290.

§ 19-3-59. Appropriation of county funds.

The board of supervisors shall direct the appropriation of money that may come into the county treasury, but shall not appropriate the same to an object not authorized by law.

HISTORY: Codes, 1857, ch. 59, art 30; 1871, § 1378; 1880, § 2158; 1892, § 317; 1906, § 338; Hemingway’s 1917, § 3711; 1930, § 256; 1942, § 2941.

Cross References —

Appropriations from the county advertising fund, see §19-9-103.

Preparation of county budget generally, see §§19-11-1 et seq.

Penalty for receiving unauthorized appropriations, see §19-13-35.

Appropriations for state charity hospitals, see §41-11-7.

Appropriations for developing potential of Pearl River, see §51-9-11.

JUDICIAL DECISIONS

1. In general.

The action of a county board of supervisors in terminating federal funds to the sheriff’s department because of racial discrimination and other misconduct was within the discretion afforded the board by this section. Smith v. Cooper, 454 F. Supp. 548, 1978 U.S. Dist. LEXIS 18107 (N.D. Miss. 1978).

Wherever county is authorized to build bridge and statute does not provide for specific tax or fund for payment, board of supervisors may levy tax on property of county to pay for bridge and may appropriate money for that purpose. Panola County v. Sardis, 171 Miss. 490, 157 So. 579, 1934 Miss. LEXIS 248 (Miss. 1934).

A judgment plaintiff may by mandamus compel the county to pay the judgment out of the general funds if there be sufficient money therein and may compel the board to make a levy sufficient to pay same where there are no funds available. Town of Crenshaw v. Jackson, 122 Miss. 711, 84 So. 912, 1920 Miss. LEXIS 471 (Miss. 1920).

The members of the board incur liability by voting money to an object not authorized by law, but not by an irregularity in voting it to an authorized object. Paxton v. Baum, 59 Miss. 531, 1882 Miss. LEXIS 152 (Miss. 1882).

An order of the board appropriating money to any object not authorized by law affords no protection to the person receiving the money. Howe v. State, 53 Miss. 57, 1876 Miss. LEXIS 36 (Miss. 1876), but see Harrison County v. Gulfport, 557 So. 2d 780, 1990 Miss. LEXIS 44 (Miss. 1990).

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 314-328.

§ 19-3-61. Employment of comptroller or bookkeeper.

The board of supervisors in each county may employ and compensate at least one (1) qualified individual who shall serve as comptroller or bookkeeper for funds received, expended or handled by the board. The board may also employ and compensate such clerical assistance as the comptroller or bookkeeper may require to effectively discharge the duties imposed by this chapter, such compensation to be paid from the general fund, road funds or other available funds of such county.

HISTORY: Laws, 1974, ch. 502, § 1; Laws, 1986, ch. 351, eff from and after passage (approved March 20, 1986).

OPINIONS OF THE ATTORNEY GENERAL

With regard to secretaries, Miss. Code Section 19-3-61 provides that board of supervisors may employ at least one qualified individual to serve as comptroller or bookkeeper, and may also “employ and compensate such clerical assistants as the comptroller or bookkeeper may require”; thus, board of supervisors may, in its discretion, employ part-time secretary, if such is determined to be reasonable and necessary to accomplish needs of county. McKenzie, Feb. 1, 1993, A.G. Op. #92-0982.

§ 19-3-63. Vacations and sick leave for county employees; payment or compensatory time for public safety employees for holidays; closure of county offices for funeral of deceased elected or appointed official.

  1. The board of supervisors of each county by resolution adopted and placed on its minutes may establish a policy of sick leave and vacation time for employees of the county not inconsistent with the state laws regarding office hours and holidays.
  2. Notwithstanding the provisions of subsection (1) of this section, each elected official of the county, other than a member of the board of supervisors, who is authorized by law to employ, may, by written policy filed with the clerk of the board of supervisors, establish a policy of sick leave and vacation time for his employees which may be inconsistent with the policy established by the board of supervisors but which shall not be inconsistent with the state laws regarding office hours and holidays. If such elected official fails to adopt and file such a policy with the clerk of the board of supervisors, the policy adopted by the board of supervisors for sick leave and vacation time for county employees shall apply to employees of such elected official.
  3. The board of supervisors of any county and each elected official of the county who is authorized by law to employ shall enact leave policies to ensure that a public safety employee is paid or granted compensatory time for the same number of holidays for which any other county employee is paid.
  4. The board of supervisors of each county by resolution adopted and placed on its minutes may establish a policy to close county offices if an elected or appointed county official dies to allow county employees of the deceased elected or appointed official to attend the funeral of such deceased or appointed official.

HISTORY: Laws, 1974, ch. 502, § 2; Laws, 1990, ch. 313, § 1; Laws, 2007, ch. 546, § 1; Laws, 2010, ch. 337, § 1, eff from and after July 1, 2010.

Amendment Notes —

The 2007 amendment added (3).

The 2010 amendment added (4).

Cross References —

Legal holidays, see §3-3-7.

§ 19-3-65. Membership in national and state organizations of governmental officials.

The board of supervisors in each county is hereby authorized and empowered, in its discretion, to do all things and to perform all acts which may be necessary to join the National Association of County Officials and/or State and County Administrator Association.

The board of supervisors in each county is hereby authorized and empowered, in its discretion, to pay from the county general fund the required fees and dues for membership in the National Association of County Officials and the Mississippi Association of Supervisors.

HISTORY: Laws, 1976, ch. 384, eff from and after passage (approved April 27, 1976).

§ 19-3-67. Traveling expenses of supervisors.

  1. When any member of any board of supervisors shall be required to travel outside of his county but within the State of Mississippi in the performance of his official duties, such member shall receive as expenses of such travel the same mileage and actual and necessary expenses for food, lodging and travel by public carrier or private motor vehicles as is allowed state officers and employees pursuant to the provisions of Section 25-3-41, Mississippi Code of 1972. Provided, however, mileage shall not be authorized when such travel is done by a motor vehicle owned by the county.
  2. When any member of any board of supervisors shall be required to travel outside the State of Mississippi in the performance of his official duties, such member shall receive as expenses of such travel the same mileage and actual and necessary expenses for food, lodging and travel by public carrier or private motor vehicles as is allowed state officers and employees pursuant to the provisions of Section 25-3-41, Mississippi Code of 1972. Provided, however, such travel must receive the prior approval of the board before it is undertaken, and such approval shall be spread upon the minutes of the board.
  3. Except as hereinafter provided with respect to mileage, no expenses shall be authorized or approved by any board of supervisors for travel by the member of such board within the county of such board. With respect to mileage, when travel within the county by a member of such board is done by a motor vehicle owned by the county, mileage shall not be authorized; however, when any member of such board does not have a county-owned motor vehicle regularly assigned to him for his use or when a county-owned motor vehicle is not otherwise available for his use at the time when travel is necessary, and he is required to travel within the county in the performance of his official duties using his private motor vehicle, then he may be reimbursed for mileage in the same manner as provided in Section 25-3-41, Mississippi Code of 1972.
  4. Itemized expense accounts shall be submitted by the member on forms prescribed by the Auditor of Public Accounts for reimbursement of expenses for state officers and employees in such numbers as the county may require. No expenses authorized in this section shall be reimbursed unless the expenses have been authorized or approved by a vote of a majority of the members of the board duly made and spread upon the minutes of such board.
  5. Expenses authorized in this section shall be published by the board of supervisors in a newspaper of general circulation published in the county; and, if no such newspaper is published in the county, then in a newspaper published elsewhere in the state which has a general circulation in such county. The publication shall be a detailed accounting of the expenses authorized to each member of the board. The cost of publishing such expense accounts shall be paid by the county pursuant to the provisions of Section 19-3-35.

HISTORY: Laws, 1977, ch. 461; Laws, 1984, ch. 432; Laws, 1996, ch. 456, § 1, eff from and after July 1, 1996.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

OPINIONS OF THE ATTORNEY GENERAL

If members of the board of supervisors do not have county owned motor vehicles assigned to them, nor county motor vehicles which would otherwise be available for their use, in using their private motor vehicles mileage may be paid from the general fund, or if the purpose of the travel was relative to inspection or maintenance of the county roads then from the road fund. See Section 19-3-67. Gex, August 29, 1996, A.G. Op. #96-0582.

§ 19-3-68. Supervisors and county employees authorized to use credit cards to pay travel expenses.

The board of supervisors of any county may acquire one or more credit cards which may be used by members of the board of supervisors and county employees to pay expenses incurred by them when traveling in or out of the state in the performance of their official duties. The chancery clerk or county purchase clerk shall maintain complete records of all credit card numbers and all receipts and other documents relating to the use of such credit cards. The supervisors and county employees shall furnish receipts for the use of such credit cards each month to the chancery clerk or purchase clerk who shall submit a written report monthly to the board of supervisors. The report shall include an itemized list of all expenditures and use of the credit cards for the month, and such expenditures may be allowed for payment by the county in the same manner as other items on the claims docket. The issuance of a credit card to a supervisor or county employee under the provisions of this section does not authorize the supervisor or county employee to use the credit card to make any expenditure that is not otherwise authorized by law. Any supervisor or county employee who uses the credit card to make an expenditure that is not approved for payment by the board shall be personally liable for the expenditure and shall reimburse the county.

HISTORY: Laws, 2001, ch. 511, § 3, eff from and after passage (approved Mar. 29, 2001.).

§ 19-3-69. Authority to contract for professional services.

The board of supervisors of each county may, in its discretion, contract with certain professionals when the board determines that such professional services are necessary and in the best interest of the county.

The board of supervisors shall spread upon its minutes its finding that the professional services are necessary and in the best interest of the county. The contract for professional services shall be approved by the attorney for the board of supervisors and made a part of the minutes. Notwithstanding any other provision of law, the board of supervisors may request and consider the price of the services in its initial and subsequent contact with professionals.

A professional within the meaning of this section shall be limited to:

Attorneys at law, admitted to practice law in this state by the State Board of Bar Admissions;

Accountants, certified by the State Board of Public Accountancy;

Architects, licensed by the State Board of Architecture;

Engineers and land surveyors, registered by the State Board of Registration for Professional Engineers and Land Surveyors;

Physicians, licensed by the State Board of Medical Licensure;

Appraisers, licensed by the Mississippi Real Estate Commission or as otherwise provided by law or ad valorem appraisers holding the MAE designation from the Department of Revenue;

Real estate brokers, licensed by the Mississippi Real Estate Commission;

In the sale of personal property pursuant to the provisions of Section 19-7-5, auctioneers who meet standards established by the State Department of Audit.

HISTORY: Laws, 1986, ch. 366; Laws, 1990, ch. 532, § 2; Laws, 2004, ch. 398, § 1; Laws, 2011, ch. 413, § 1, eff from and after July 1, 2011.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Amendment Notes —

The 2004 amendment added “and Land Surveyors” following “Engineers” twice in (d).

The 2011 amendment added the last sentence in the second paragraph; and added “or ad valorem appraisers holding the MAE designation from the Department of Revenue” in (f).

JUDICIAL DECISIONS

Miss. Code Ann. §27-35-101 requires a county to advertise for bids for reappraisal services and has to be read together with Miss. Code Ann. §27-35-165 and Miss. Code Ann. §19-3-69. Hence, court erred in holding that a county had the authority to enter into a contract for appraisal services with an appraiser without advertising for bids; county was required to comply with the advertising-for-bids provisions of Miss. Code Ann. §27-35-101 for its reappraisal work. State ex rel. Hood v. Madison County, 873 So. 2d 85, 2004 Miss. LEXIS 498 (Miss. 2004).

OPINIONS OF THE ATTORNEY GENERAL

County board of supervisors may employ or contract with independent certified public accounting firm to assist in audit of community hospital owned and funded in part by county. Hagwood, Dec. 16, 1992, A.G. Op. #92-0949.

County is not prohibited from entering contract with professional auctioneer wherein auctioneer guarantees minimum price but such arrangement must provide that sale be arms length transaction to highest bidder, and further that auctioneer, his agent, and members of his firm are prohibited from purchasing property being auctioned. Dyson, July 13, 1993, A.G. Op. #93-0322.

Pursuant to Section 19-3-69, the Jackson County Port Authority and/or Jackson County may hire a realtor to secure information concerning what property is available for purchase by the county and the Port Authority for industrial expansion. The realtor may be paid an hourly rate and, in the event options to buy property are later exercised, a commission be paid the realtor, minus any amount already paid pursuant to the hourly rate. Hunter, October 4, 1996, A.G. Op. #96-0508.

If a proposed contract is to survey and appraise the county, competitive bidding is required, but if a contract is to provide some other professional service to the county, no competitive bidding is necessary. Bean, January 23, 1998, A.G. Op. #97-0797.

Subject to the appropriate findings, the county board of supervisors had the authority to provide defense counsel for individual public defender attorneys in an action arising from complaints against the public defender system used by the county. Ross, Aug. 27, 2004, A.G. Op. 04-0386.

A county may utilize the use of an internet auction to sell surplus county property as long as it complies with Section 19-7-5. Webb, May 19, 2006, A.G. Op. 06-0198.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 189 et seq.

CJS.

20 C.J.S., Counties §§ 230 et seq.

§ 19-3-71. Appointment of county fire services coordinator.

The board of supervisors in each county shall appoint a county fire services coordinator, and may compensate him from any available county funds, except insurance rebate monies from the County Volunteer Fire Department Fund. The county fire services coordinator shall demonstrate that he possesses fire-related knowledge and experience as well as meeting the guidelines established by the Commissioner of Insurance. The director of the local organization for emergency management serving the county may be the coordinator if he meets the criteria provided in this section.

HISTORY: Laws, 1988, ch. 584, § 1; Laws, 1989, ch. 329, § 1; Laws, 2013, ch. 403, § 1, eff from and after July 1, 2013.

Amendment Notes —

The 2013 amendment inserted “services” and “except insurance rebate monies from the County Volunteer Fire Department Fund” in the first sentence; rewrote the second sentence; and substituted “meets the criteria provided” for “is a fire fighter as described” in the third sentence.

Cross References —

Authorization for the board of supervisors of any county and the governing body of any municipality to contribute funds directly to any fire protection district or volunteer fire department serving the county or municipality to meet any standard established by the commissioner of insurance as provided in this section, see §83-1-39.

OPINIONS OF THE ATTORNEY GENERAL

Responsibility of inspections for fire code compliance of commercial establishments in Hancock County is that of the county appointed Fire Coordinator/Arson Investigator. Adam, Mar. 4, 2005, A.G. Op. 05-0049.

The County Arson Investigator has complete control over the scene of a fire pursuant to the law enforcement authority granted to him by the Hancock County Board of Supervisors and Sheriff as the Arson Investigator. Adam, Mar. 4, 2005, A.G. Op. 05-0049.

Since the position of county fire coordinator and the office of alderman exercise core powers of two different departments of government, executive and legislative, Miss. Const., Art. 1, § 2, would prohibit an individual from occupying said position and office at the same time. Smith, Aug. 8, 2005, A.G. Op. 05-0380.

§ 19-3-73. Authority of county to maintain real property owned or leased by fire protection district.

In addition to the maintenance authority granted in Section 83-1-39, Mississippi Code of 1972, the board of supervisors of any county is hereby authorized and empowered, in its discretion, to grade, gravel, shell and/or maintain real property, including roads or driveways thereof, owned by a municipal fire protection district or county fire protection district, or leased for a term of not less than twenty (20) years by a municipal fire protection district or a county fire protection district, as necessary for the effective and safe operation of such district. Any action taken by the board of supervisors under the authority of this section shall be spread upon the minutes of the board of supervisors when the work is authorized.

HISTORY: Laws, 1988, ch. 596, § 2, eff from and after July 1, 1988.

OPINIONS OF THE ATTORNEY GENERAL

Provisions of Sections 19-3-73 and 83-1-39(9) are sufficiently broad to authorize county board of supervisors to pave parking and/or driveways of volunteer or municipal fire department. Trapp, Feb. 24, 1994, A.G. Op. #94-0079.

Based upon the authority granted to counties in Sections 19-3-72 and 83-1-39(9), and upon counties’ authority to allow fire protection districts the use of county-owned vehicles and equipment, a county board of supervisors would have the authority to remove trees from real property owned by a fire protection district in the county. White, Sept. 22, 2006, A.G. Op. 06-0433.

§ 19-3-75. Maintenance of roads or driveways to public cemeteries.

The board of supervisors of any county is hereby authorized and empowered, in its discretion, to grade, gravel or shell and/or to repair and maintain roads or driveways to public cemeteries.

HISTORY: Laws, 1988, ch. 493, § 2, eff from and after passage (approved May 3, 1988).

OPINIONS OF THE ATTORNEY GENERAL

Under Section 19-3-75, the board of supervisors has the discretionary authority “to grade, gravel or shell and/or to repair and maintain roads or driveways to public cemeteries.” Welch, February 23, 1995, A.G. Op. #95-0056.

The term “public cemetery” means a cemetery open to all people, although the determination of whether a particular cemetery is a “public cemetery” is a question of fact. Sanders, May 17, 2002, A.G. Op. #02-0246.

Section 19-3-75 permits the county to maintain only roads or driveways leading from a public road to the public cemetery, and not other roads within the cemetery. The statute does not authorize the paving of an unpaved cemetery driveway. Williams, May 12, 2006, A.G. Op. 06-0153.

§ 19-3-77. Programs of professional education for county purchase clerks, receiving clerks, inventory control clerks, and members of county boards of supervisors.

  1. There are hereby established programs of professional education for county purchase clerks, receiving clerks and inventory control clerks. The programs shall be offered at least every four (4) years at the beginning of terms of office for county elected officials and at other times when the State Auditor has been notified by a board of supervisors that a vacancy in the position of purchase clerk, receiving clerk or inventory control clerk has been filled with an uncertified appointee. The curriculum for each program shall be designed by the State Auditor. Program administration, coordination, delivery and attendance verification shall be conducted by the Community Development Department of the Mississippi Cooperative Extension Service. The professional education programs offered at the beginning of terms of office shall be scheduled in each planning and development district; provided, however, the Community Development Department may schedule a program in one geographical area encompassing several planning and development districts rather than scheduling separate programs in each planning and development district within that geographical area. Participants who successfully complete a program shall be certified by the State Auditor and shall display the certificate awarded in a prominent public place within their offices.

    Any participant who travels outside the county of his employment to attend a professional education program shall receive as reimbursement of the expense of such travel the same mileage and actual and necessary expenses for food, lodging and travel as allowed state officers and employees pursuant to Section 25-3-41, Mississippi Code of 1972; however mileage shall not be allowed when travel is by motor vehicle owned by the county.

    All or any part of the expense of a professional education program may be defrayed by the imposition of fees in a reasonable amount established by the State Auditor. Any fees imposed to defray expenses of a professional education program shall be paid by the county for participants.

  2. There is hereby established a program of professional education for members of county boards of supervisors. The program shall be offered at the beginning of each term of office for members of the boards of supervisors and may be offered more frequently at the discretion of the Committee on Supervisor Education. The curriculum of the program shall be designed by the Committee on Supervisor Education, which shall be composed of the following members:
    1. Two (2) members from the State Department of Audit designated by the State Auditor.
    2. Two (2) members from the Mississippi Association of Supervisors designated by the executive director of the association.
    3. One (1) member from the Mississippi Cooperative Extension Service designated by the director of the service.
    4. One (1) member from the Stennis Institute of Government at Mississippi State University designated by the director of the institute.
    5. One (1) member from the Judicial College of the University of Mississippi designated by the director of the judicial college.
    6. One (1) member from the Public Policy and Administration Program at Jackson State University designated by the Chairman of the Department of Political Science.

      Program administration, coordination, delivery and attendance verification shall be conducted by the Community Development Department of the Mississippi Cooperative Extension Service in cooperation with the Mississippi Association of Supervisors. All or any part of the expense of the supervisor education program may be defrayed by the imposition of fees established by the Committee on Supervisor Education.

      The primary resources for the supervisor education program shall be the State Department of Audit, the State Attorney General, the Judicial College of the University of Mississippi, the Stennis Institute of Government at Mississippi State University, the Public Policy and Administration Program at Jackson State University, the Mississippi Research and Development Center or its successor, and any other federal, state, local or university entities having expertise in specific topical areas.

      Any fees imposed to defray expenses of the supervisor education program shall be paid by the county for members of the board of supervisors of such county enrolled in the program; and, additionally, when any supervisor travels outside of his county to attend a school, seminar or workshop approved by the Committee on Supervisor Education, he shall receive as reimbursement of expenses of such travel the same mileage and actual and necessary expenses for food, lodging and travel by public carrier or private motor vehicles as is allowed state officers and employees pursuant to the provisions of Section 25-3-41; however, mileage shall not be authorized when such travel is done by a motor vehicle owned by the county.

HISTORY: Laws, 1988 Ex Sess, ch. 14, § 31; Laws, 1993, ch. 595, § 1, eff from and after July 1, 1993.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Section57-13-22 abolished the Mississippi Research and Development Center and transferred the functions to the Mississippi Department of Economic Development or to the University Research Center (see §37-141-3). Section57-1-54 provides that wherever the term “Mississippi Department of Economic Development” appears in any law the same shall mean the Department of Economic and Community Development.

Cross References —

Requirement that county purchase clerk and county receiving clerk successfully complete the professional education program offered for such clerks pursuant to this section, see §31-7-101.

Requirement that county inventory control clerks successfully complete the professional education program offered for inventory control clerks, see §31-7-107.

§ 19-3-79. Notice of intent to apply for gaming license; publication of notice; resolution authorizing gaming when no petition filed; petition to hold election on allowing legal gaming on cruise vessels; referendum; form of ballots; absence of petition or vote in favor of gaming; vote against gaming not to affect existing gaming operations.

  1. Any person, corporation or other legal entity required to obtain a state gaming license to conduct legal gaming aboard a cruise vessel or vessel, as defined in Section 27-109-1, as prescribed by the Mississippi Gaming Control Act shall, before applying for such license, provide the Mississippi Gaming Commission with a written notice of intent to apply for a license. The “notice of intent to apply for a gaming license” shall be on a form prescribed by the executive director of the commission and shall state the county in which the intending licensee desires to conduct legal gaming aboard a cruise vessel or vessel, as the case may be. Within ten (10) days after receipt of a notice of intent to apply for a gaming license, the commission shall require such person, corporation or legal entity to publish the notice once each week for three (3) consecutive weeks in a newspaper having general circulation in the county in which the intending licensee desires to conduct legal gaming aboard a cruise vessel or vessel, as the case may be.
  2. If no petition as prescribed in subsection (3) of this section is filed with the board of supervisors of the applicable county within thirty (30) days after the date of the last publication, the board of supervisors of such county shall adopt a resolution stating that no petition was timely filed and that legal gaming may henceforth be conducted aboard cruise vessels or vessels, as the case may be, in such county.
  3. If a petition signed by twenty percent (20%) or fifteen hundred (1500), whichever is less, of the registered voters of a county in which a notice of intent to apply for a gaming license is published is filed within thirty (30) days of the date of the last publication with the circuit clerk of the applicable county, the board of supervisors of such county shall authorize the circuit clerk to hold an election on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county on the date upon which such an election may be conducted under subsection (7). The referendum shall be advertised, held, conducted and the result thereof canvassed in the manner provided by law for advertising, holding and canvassing county elections.
  4. At such election, all qualified electors of such county may vote. The ballots used at such election shall have printed thereon a brief statement of the purpose of the election and the words “FOR LEGAL GAMING ABOARD CRUISE VESSELS (OR VESSELS) IN THE COUNTY AS PRESCRIBED BY LAW,” and “AGAINST LEGAL GAMING ABOARD CRUISE VESSELS (OR VESSELS) IN THE COUNTY AS PRESCRIBED BY LAW.” The voter shall vote by placing a cross (x) or check (Π) mark opposite his choice on the proposition. If a majority of the qualified electors who vote in such election shall vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, then legal gaming may henceforth be conducted aboard cruise vessels or vessels, as the case may be, in the county. If less than a majority of the qualified electors who vote in such election shall vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county, then gaming aboard cruise vessels or vessels, as the case may be, shall be prohibited in the county until such time as a subsequent election, held according to the restrictions specified in subsection (7), may authorize such legal gaming.
  5. In any county in which no petition is timely filed after a notice of intent to apply for a gaming license is published, or in which an election is held on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county and a majority of the qualified electors who vote in such election vote in favor of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in the county, no election shall thereafter be held in that county pursuant to this section on the proposition of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in that county.
  6. Notwithstanding any provision of this section or Sections 97-33-1, 97-33-7, 97-33-17, 97-33-25 and 97-33-27 to the contrary, if an election is held pursuant to this section which causes the conducting of gaming aboard cruise vessels to be prohibited in any county in which one or more cruise vessels were operating out of a port in the county on the effective date of this chapter, the prohibition on the conducting of gaming aboard cruise vessels in that county shall not apply to the conducting of legal gaming aboard any of those cruise vessels which were still operating out of a port in that county at the time of the election.
  7. If an election has been held on the issue of allowing legal gaming to be conducted aboard cruise vessels or vessels, as the case may be, in a county, and the authority to conduct such legal gaming has been denied by the electors of such county, then a subsequent election on such issue may not be held until:
    1. The date of the next succeeding general election in which the election for President of the United States occurs; or
    2. In the case in which the authority to conduct such legal gaming has been denied by the electors of such county at elections on three (3) different occasions, whether those occasions be successive or not, the date of the next succeeding general election occurring at least eight (8) years after the last of the three (3) occasions on which the electors denied the authority to conduct such legal gaming.

HISTORY: Laws, 1989, ch. 481, § 6; Laws, 1990, ch. 449, § 9; Laws, 1990, Ex Sess, ch. 45, § 145; Laws, 1993, ch. 588, § 1; Laws, 1997, ch. 505, § 1, eff from and after June 23, 1997 (the date the United States Attorney General interposed no objection to the amendment of this section).

Editor’s Notes —

The United States Attorney General, by letter dated November 25, 1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws, 1993, ch. 588, § 1.

The United States Attorney General, by letter dated June 23, 1997, interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws 1997, ch. 505, § 1. The United States Attorney General also noted that this section includes provisions which are enabling in nature. Therefore, the preclearance of this section does not relieve local jurisdictions of their responsibility to seek Section 5 preclearance of any changes affecting voting that are adopted pursuant to this section.

Cross References —

Licensing and regulation of cruise vessels, see §27-109-1 et seq.

Regulation of schools and training institutions that teach or train gaming employees, see §75-76-34.

Exception of certain cruise vessels from gambling prohibitions, unless voters of county have voted, as provided in this section, to prohibit gambling, see §87-1-5.

Prohibition against betting, gaming and wagering, and exceptions applicable to vessels in counties not prohibiting it, see §97-33-1.

Prohibition of gambling devices inapplicable where county has not voted pursuant to this section to prohibit gambling, see §97-33-7.

Exception from provision providing for forfeiture of money and appliances related to gambling for cruise vessels, see §97-33-17.

Exception from provision prohibiting pool-selling for cruise vessels, see §97-33-25.

Exception from provision prohibiting betting on horse or yatch races or shooting matches for cruise vessels, see §97-33-27.

OPINIONS OF THE ATTORNEY GENERAL

Since Harrison County has not prohibited gaming, the City of Long Beach may not restrict dockside gaming in the Long Beach Harbor; however, the city may restrict activities, such as gaming, on lands on which it holds a lease. Grisson, July 27, 1999, A.G. Op. #99-0253.

§ 19-3-81. Power of board to authorize sheriff to operate inmate canteen facilities; inmate canteen fund.

    1. The board of supervisors of any county is hereby authorized and empowered, in its discretion, to allow the sheriff of such county to operate a facility or facilities to be known as an inmate canteen facility or facilities, the purpose of which is to make available certain goods and other items of value for purchase by inmates confined in the county jail of such county, employees of the county jail and persons visiting inmates or employees. The sheriff of such county shall promulgate rules and regulations for the operation of such a facility.
    2. If the board of supervisors of any county authorizes the sheriff of such county to operate such a facility or facilities as provided in subsection (1) of this section, any funds which may be derived from the operation of an inmate canteen facility or facilities shall be deposited into a special fund in the county treasury to be designated as the “Inmate Canteen Fund.” Any monies in the special fund may be expended solely by the sheriff of the county for any educational related expenses, to purchase equipment and supplies and to provide for maintenance of the equipment purchased for the benefit and welfare of the inmates incarcerated in the county jail. The term “supplies” shall not include supplies related to the personal hygiene of inmates.
  1. In lieu of the authority to operate an inmate canteen facility under subsection (1) of this section, the board of supervisors of any county, in its discretion, may authorize the sheriff to contract with a private company for the provision of commissary services to inmates of the county jail. Money collected from or on behalf of an inmate for the purchase of commissary items shall be deposited to the credit of the inmate into a special fund in the county treasury to be designated as the “Inmate Commissary Trust Fund.” Money in the special fund may be expended upon requisition by the sheriff for the purchase and delivery of prepackaged items from the company with which the sheriff has contracted. The sheriff shall adopt rules and regulations for the letting of contracts for commissary services, the collection and distribution of commissary items to inmates, and the items that inmates may purchase through commissary services contracts.

HISTORY: Laws, 1990, ch. 359, § 1; Laws, 1993, ch. 434, § 1; Laws, 1997, ch. 333, § 1; Laws, 2003, ch. 318, § 1, eff from and after July 1, 2003.

Amendment Notes —

The 2003 amendment inserted “for any educational related expenses” following “sheriff of the county” in the second sentence of (1)(b).

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 19-3-81 prohibits expenditure of profits from inmate canteen fund to pay salary of any person. McGee, Feb. 18, 1993, A.G. Op. #92-0970.

Items that county is required to provide do not fall within scope of what may be purchased with inmate canteen funds because such funds may not be used as alternate source of funds for operation and maintenance of jail. Brooks, August 11, 1993, A.G. Op. #93-0526.

Based on Section 19-3-81, any funds generated by a jail canteen may only be spent by the sheriff to purchase equipment and supplies for the inmates. Equipment is not limited to recreational equipment and may include such things as new beds or mattresses. Coon, October 11, 1996, A.G. Op. #96-0696.

Based on Section 19-3-81, any funds generated by a jail canteen may only be spent by the sheriff to purchase equipment and supplies for the inmates. Equipment is not limited to recreational equipment and may include any equipment or supplies except supplies related to the personal hygiene of inmates as specified in the statute. Coon, November 8, 1996, A.G. Op. #96-0696.

Section 19-3-81 does not mandate that the canteen operating in a county jail operate at a profit, however, if there is a profit, then such funds are to be deposited in an Inmate Canteen Fund with the county treasury. Breazeale, December 20, 1996, A.G. Op. #96-0871.

Deductions from inmate’s accounts for damaged county property must be accomplished with due process. Prescott, March 27, 1998, A.G. Op. #98-0164.

This section is not authority for a county board of supervisors to directly commit the profits from a inmate canteen fund to a contract for the provision of various programs and treatment services at a jail facility, such as inmate records system, substance abuse treatment program, GED program, chaplaincy and religious services, law library services, recreation program, etc. Webb, June 4, 1999, A.G. Op. #99-0245.

A sheriff may expend canteen funds for any items that benefit the inmates with the exception of personal hygiene supplies; prisoner uniforms and mattresses are not personal hygiene items and therefore may be purchased out of canteen funds. Entrekin, Jan. 28, 2000, A.G. Op. #2000-0034.

Section 19-3-81(1)(b) implies, upon resolution of the board of supervisors, that the sheriff’s department is authorized to perform the necessary paperwork for depositing the proceeds from the operation of an “Inmate Canteen Fund” into the county treasury; however, the board of supervisors, as a condition precedent to the establishment of the facility by resolution spread on the minutes, can authorize the county administrator to account for the fund; in any case, the sheriff has sole authority to make expenditures from the fund, in the sound exercise of his discretion and in accordance with the terms of the statute. Davis, Mar. 22, 2002, A.G. Op. #02-0115

Money from the Inmate Canteen Fund may be used to purchase computers and software for use by inmates. Womack, Nov. 22, 2002, A.G. Op. #02-0683.

If a commissary company is charging a sales tax on items provided to inmates, then the sales tax would be deducted from the inmate’s account. Howard, Feb. 14, 2003, A.G. Op. #03-0064.

Canteen funds may not be expended for concrete to be poured for an inmate exercise yard. Creekmore, Apr. 7, 2003, A.G. Op. 03-0162.

Inmate canteen funds may be expended for construction of a building for the purpose of providing classroom space for a GED program and alcohol and drug rehab program for the benefit of the inmates. Robinson, Dec. 23, 2004, A.G. Op. 04-0609.

§ 19-3-83. Authority to adopt ordinances for the regulation of transient vendors.

The board of supervisors of any county shall have the power to adopt reasonable ordinances for the regulation of transient vendors not inconsistent with the provisions of Sections 75-85-1 through 75-85-19. However, such board of supervisors shall not have the power to declare residential solicitations by transient vendors who are citizens of the State of Mississippi, or who are agents of corporations domiciled in the State of Mississippi, or who are agents of foreign corporations qualified to do business in the State of Mississippi, to be a public nuisance or a misdemeanor, unless such transient vendors are not in compliance with Sections 75-85-1 through 75-85-19 or local regulations. Before transacting any business all transient vendors shall furnish to the county wherein such business is to be transacted, a good and sufficient penal bond in an amount not to exceed Two Thousand Dollars ($2,000.00) conditioned that if such transient vendor shall comply with all of the provisions of the county ordinances relating to transient vendors such obligation shall be void, otherwise, to remain in full force and effect. Any ordinance adopted by the board of supervisors of any county under the provisions of this section shall be applicable throughout the entire county, including any areas within any municipalities in such county, unless there is in effect or is subsequently adopted by the municipality its own ordinance under the provisions of Section 29-19-35, in which case the municipal ordinance shall control as to the area within such municipality.

HISTORY: Laws, 1994, ch. 522, § 1, eff from and after July 1, 1994.

Cross References —

Tax collector’s duty to maintain alphabetical list of all transient vendors in the county or municipality and names and addresses of their agents, see §75-85-11.

County or municipality tax collector to serve as agent for service of process for transient vendor who fails to have or maintain registered agent, see §75-85-11.

County and municipal tax collectors to issue transient vendor license under Chapter 85, Title 75 under certain circumstances, see §75-85-15.

OPINIONS OF THE ATTORNEY GENERAL

The bond required by Section 75-85-13 is separate and distinct from the bond which may be imposed by either municipalities and/or counties under Sections 21-19-35 and 19-3-83, respectively; i.e., transient vendors must comply with any and all applicable statutes. Weems, July 25, 2006, A.G. Op. 06-0269.

The term “penal bond” in Sections 21-19-35 and 19-3-83 means the same and can be used interchangeably with the more commonly used term “surety” bond. Weems, July 25, 2006, A.G. Op. 06-0269.

RESEARCH REFERENCES

ALR.

Validity of municipal regulation of solicitation of magazine subscriptions. 9 A.L.R.2d 728.

Validity of municipal ordinance prohibiting house-to-house soliciting and peddling without invitation. 35 A.L.R.2d 355.

Am. Jur.

60 Am. Jur. 2d, Peddlers, Solicitors, and Transient Dealers §§ 23, 24, 59, 61, 79.

17 Am. Jur. Pl & Pr Forms (Rev), Markets and Marketing, Forms 2, 6 (Complaint to enjoin enforcement of municipal ordinance restricting peddlers).

CJS.

39A C.J.S., Hawkers and Peddlers §§ 15-18, 23.

Lawyers’ Edition.

Supreme Court’s views as to constitutionality of state or municipal regulation of peddlers, drummers, canvassers, and the like. 48 L. Ed. 2d 917.

§ 19-3-85. Authority of board to dispose of lost, stolen, abandoned or misplaced personal property.

The board of supervisors of any county, upon the receipt or recovery of any lost, stolen, abandoned or misplaced personal property by the sheriff or other law enforcement officers of the county, shall cause to be posted, in three (3) public places in the county, notice that such property has been received or recovered. Such notice shall contain an accurate and detailed description of such property and, if the board of supervisors is advised as to who owns the property, a copy of the notice shall be mailed to such person or persons in addition to being posted as required in this section. The owner may recover the property by filing a claim with the board of supervisors and establishing his right to the property. The board may require bond of the person claiming the property before delivering it to him. Parties having adverse claims to the property may proceed according to law.

If no person claims the property within one hundred twenty (120) days from the date the notice is given, the board of supervisors shall cause the property to be sold at public auction to the highest bidder for cash after first posting notice of the sale in three (3) public places in the county at least ten (10) days before the date of the sale. The notice shall contain a detailed and accurate description of the property to be sold and shall be addressed to the unknown owners or other persons interested in the property to be sold. The notice shall also set forth the date, time and place the sale is to be conducted and shall designate the sheriff to make the sale.

However, lost, stolen, abandoned or misplaced motor vehicles and bicycles may be sold in the manner provided in the preceding paragraph after the expiration of ninety (90) days from their receipt or recovery by law enforcement officers of the county.

The sheriff, promptly upon completion of the sale, shall deliver to the chancery clerk a copy of the notice authorizing the sale, a list of the property sold, the amount paid for each item, the person to whom each item was sold, and all monies received from such sale. The clerk then shall deposit the monies into the county treasury and the proceeds of the sale shall be first applied to the necessary costs and expenses of the sale, with the remainder to be credited to the special supplemental budget of the sheriff to be expended by the sheriff for any law enforcement purpose upon approval of the board of supervisors. The chancery clerk shall file the information concerning the sale among the other records of his office. If, within ninety (90) days after the date of the sale, any person claims to be the owner of the property sold, the board, upon satisfactory proof of ownership, shall pay to such person the amount for which the property was sold, and the board may require of such person a bond in such cases as the board deems advisable. No action shall be maintained against the county or any of its officers or employees or the purchaser at the sale for any property sold or the proceeds therefrom after the expiration of ninety (90) days from the date of the sales as authorized in this section.

HISTORY: Laws, 2002, ch. 502, § 1, eff from and after July 1, 2002.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the first sentence. The word “of” was changed to “or” so that “upon the receipt of recovery of any personal property” reads “upon the receipt or recovery of any...personal property”. The Joint Committee ratified the correction at its June 3, 2003 meeting.

County Cooperative Service District

§ 19-3-101. Creation of county cooperative service district.

  1. The board of supervisors of any county in this state may, by order duly entered on its minutes, join with any other county or counties in this state to establish a county cooperative service district for the purpose of instituting planning and mutual cooperation among counties to improve the delivery of services to, and the provision of benefits for, all citizens of participating counties by the joint financing, construction and administration of governmental services and facilities.
  2. Any power, authority or responsibility which may be lawfully exercised by a county, except for the imposition of taxes, may be exercised jointly by participating counties through the board of commissioners of a county cooperative service district, hereinafter in Sections 19-3-101 through 19-3-115, Mississippi Code of 1972, referred to as the “district,” unless in a resolution of a board of supervisors creating the district the exercise of a particular power is specifically excluded. The district shall have authority to prepare or have prepared a water resources study or other environmental studies; however, any action by the district which will have an impact upon groundwater resources shall only be implemented consistent with an official statewide water management plan or with the approval of the Commission on Natural Resources.

HISTORY: Laws, 1989, ch. 519, § 1; Laws, 1990, ch. 556, § 2, eff from and after passage (approved April 4, 1990).

Editor’s Notes —

Section 49-2-6 provides that wherever the term “Mississippi Commission on Natural Resources” appears in any law the same shall mean the Mississippi Commission on Environmental Quality.

Cross References —

State water management plan, see §51-3-21.

OPINIONS OF THE ATTORNEY GENERAL

A county may contract with a county cooperative service district to provide garbage disposal and to bill and collect the fees for the garbage service. The services may be performed for either an annual or monthly fee. Hudson, Oct. 8, 2004, A.G. Op. 04-0480.

§ 19-3-103. District as public corporation in perpetuity; powers.

From and after the creation of a district, it shall be a public corporation in perpetuity under its corporate name and shall, in that name, be a body politic and corporate, with power of perpetual succession, having all the powers necessary or convenient to effectuate the purpose of Sections 19-3-101 through 19-3-115, including the power:

To adopt, and from time to time amend and repeal, bylaws, rules and regulations not inconsistent with Sections 19-3-101 through 19-3-115 to carry into effect the powers and purposes of the district;

To adopt an official name and seal, and retain and keep minutes of its meetings in a firmly bound minute book in which all actions taken by the district about its business shall be recorded;

To elect from among its members a chairman, vice-chairman and secretary to serve annually;

To maintain an office at such place or places as it may designate, and to employ and compensate an executive director and such other personnel as shall be necessary to exercise the powers and perform the duties provided for in Sections 19-3-101 through 19-3-115;

To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under Sections 19-3-101 through 19-3-115;

To implement, operate, administer or supervise, directly or indirectly, such programs, services and activities as may be necessary to accomplish the purposes of Sections 19-3-101 through 19-3-115;

To apply for, accept, receive, expend or otherwise dispose of, in furtherance of its functions, funds, grants, services and property from the federal government or its agencies and from departments, agencies and instrumentalities of the state, municipal or county governments;

To cooperate with and execute cooperative agreements with all other federal, state and local governmental agencies in the exercise of its functions under the provisions of Sections 19-3-101 through 19-3-115;

To sue and be sued; and in any suit against the commission, service of process shall be had by service upon the chairman with such process; and

To charge fees, tolls and special assessments to participating counties and any municipality which may have contracted for services to finance the operation, maintenance and debt service of activities and services undertaken by the district.

HISTORY: Laws, 1989, ch. 519, § 2, eff from and after passage (approved April 4, 1989).

§ 19-3-105. Board of commissioners.

  1. The powers of a district shall be vested in and exercised by a board of commissioners consisting of not less than one (1) nor more than five (5) members appointed by the board of supervisors of each participating county. Each commissioner shall be either a member of the board of supervisors or an elected municipal official. Each commissioner shall be appointed and hold office for a term concurrent with the appointing authority. Any vacancy occurring on the board shall be filled by the appointing authority at a regular meeting of the board of supervisors, and unexpired terms shall be filled for the remainder of the term.
  2. Each commissioner shall take and subscribe to the oath of office prescribed in Section 268, Mississippi Constitution of 1890, before the clerk of the appointing board of supervisors that he will faithfully discharge the duties of the office of commissioner, which oath shall be filed with the clerk and by him preserved.
  3. The commissioners so appointed and qualified may be compensated for their services for each meeting of the board of commissioners attended, either regular or special, at the per diem established in Section 25-3-69, Mississippi Code of 1972, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties as provided for state officers and employees in Section 25-3-41, Mississippi Code of 1972.
  4. The board of commissioners may appoint an executive committee, to be composed of not less than one (1) commissioner from each participating county, with a chairman to be designated by the board of commissioners. The executive committee is empowered to execute all powers vested in the full board of commissioners during the interim of the meetings of the board. A majority, plus one (1), of the members of the executive committee shall be a quorum for the transaction of business.

HISTORY: Laws, 1989, ch. 519; Laws, 1990, ch. 556, § 3, eff from and after passage (approved April 4, 1990).

Cross References —

Authority of district to issue revenue bonds, see §19-3-106.

OPINIONS OF THE ATTORNEY GENERAL

Board of supervisors, mayors and members of municipal boards of aldermen or commissioners are eligible for appointment and service on board of commissioners of Tricounty Service District by virtue of clear and unambiguous expression of legislature. Thompson, March 30, 1990, A.G. Op. #90-0168.

Members of boards of supervisors and governing authorities of municipalities within service district are eligible for membership on board of commissioners of Tri-County Service District; mayor and alderman are eligible, as they are governing authorities in code charter municipality. Valente, Jan. 24 1990, A.G. Op. #90-0018.

§ 19-3-106. Authority of district to issue revenue bonds.

The board of commissioners of any cooperative service district may, pursuant to a favorable majority vote of the board of supervisors of each participating county, and for good cause shown therefor, authorize the cooperative service district to issue its revenue bonds payable from and secured by a pledge of all or any part of revenues under any contract or contracts it enters into under Sections 19-3-101 through 19-3-115, Mississippi Code of 1972, and/or from the avails of any tax imposed or appropriation made to support the district. The bonds shall not be or constitute an indebtedness of any participating county or municipality within the meaning of any constitutional, statutory or charter limitation of indebtedness but shall be payable solely from the revenues derived by the cooperative service district under any contract or contracts it enters into under Section 19-3-101 through 19-3-115, Mississippi Code of 1972, and/or from the avails of any tax imposed or appropriation made to support the district. Neither the full faith and credit nor taxing power of any participating county, municipality, or of the state or any political subdivision thereof, is pledged to the payment of the principal of, the interest on, or premium, if any, of the bonds. Such bonds shall be in such form and denomination as prescribed by the board of commissioners of the district. Such bonds may be serial or term; redeemable, with or without premium, or nonredeemable; registered or coupon bonds with registration privileges as to either principal and interest, principal only, or both; shall bear interest at a rate or rates to be determined pursuant to the sale of the bonds; and shall be payable at such time or times and shall mature at such time or times not exceeding twenty-five (25) years from their date, and at such place or places as shall be prescribed in the bond resolution authorizing their issuance; provided, however, that any bond issue to be awarded and sold to the United States of America or any agency thereof shall mature at such time or times, not to exceed thirty-five (35) years, as shall be prescribed in the ordinance authorizing their issuance. Any provisions of the general laws to the contrary notwithstanding, any bonds and interest coupons issued pursuant to the authority of this subsection shall possess all the qualities of negotiable instruments. The bonds and the interest coupons shall be executed in such manner and shall be substantially in the form prescribed in the authorizing resolution. In case any of the officers whose signatures or countersignatures appear on the bonds or interest coupons shall cease to be such officers before delivery of such bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until such delivery. 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 rate specified for the same bond issue. Such bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103, Mississippi Code of 1972. 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%). If serial bonds, such bonds shall mature annually, and the first maturity date thereof shall not be more than five (5) years from the date of such bonds. Such bonds shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi. The bonds and interest coupons shall be exempt from all state, county, municipal and other taxation under the laws of the State of Mississippi. Such bonds shall be sold at public or private sale upon such terms as the board of commissioners of the district may determine, not inconsistent with the provisions of this subsection, but no sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than that allowed in Section 75-17-103, Mississippi Code of 1972, computed with relation to the absolute maturity of the bonds, in accordance with standard tables of bond values, excluding from such computation the amount of any premium to be paid on redemption of any bonds prior to maturity.

All bonds issued pursuant to this subsection shall be validated as provided in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972.

Proceeds from the sale of bonds issued pursuant to this subsection may be invested, pending their use, in such certificates of deposit as are specified in the resolution authorizing the issuance of the bonds or the trust indenture securing them, and the earnings on such investments applied as provided in such resolution or trust indenture.

All bonds issued pursuant to this subsection are declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, trustees and for the sinking fund of municipalities, villages, school districts or any other political corporation or subdivision of the State of Mississippi. Such bonds shall constitute a district indebtedness within the meaning of Section 19-3-107, Mississippi Code of 1972.

HISTORY: Laws, 1990, ch. 556, § 1, eff from and after passage (approved April 4, 1990).

§ 19-3-107. County terminating participation in district.

The operation and management of a district is vested solely in its board of commissioners; however, a participating county may terminate its participation in a district by a majority vote of its board of supervisors, but such board of supervisors shall have no power to terminate its participation until it has paid its pro rata share of any outstanding district indebtedness of any kind.

HISTORY: Laws, 1989, ch. 519, § 4, eff from and after passage (approved April 4, 1989).

Cross References —

Revenue bonds issued by district as district indebtedness within meaning of this section, see §19-3-106.

§ 19-3-109. Audit of district.

A district shall be audited from time to time by the State Auditor pursuant to the provisions of Section 7-7-211, Mississippi Code of 1972.

HISTORY: Laws, 1989, ch. 519, § 5, eff from and after passage (approved April 4, 1989).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

§ 19-3-111. Appropriation of funds.

The board of supervisors of each participating county and the governing authorities of each municipality located therein are authorized and empowered, in their discretion, to appropriate and pay such sums as they deem necessary and desirable, out of any available funds of the county or municipality which are not required for any other purpose, to the district in which the county or municipality is located.

HISTORY: Laws, 1989, ch. 519, § 6, eff from and after passage (approved April 4, 1989).

Cross References —

Use of appropriations to pay revenue bonds issued by district, see §19-3-106.

§ 19-3-113. Levy of tax.

  1. The board of supervisors of any participating county is hereby authorized and empowered, in its discretion, to levy a tax not to exceed one-half (1/2) mill annually on all taxable property within the county the proceeds of which shall be used to support the district in which the county is located. The proceeds of such tax shall not be included within the ten percent (10%) increase limitation under Section 27-39-321, Mississippi Code of 1972.
  2. In addition to the tax authorized to be imposed in subsection (1) of this section, a participating county may impose special fees, tolls and special assessments for projects or services undertaken by the district in which the county is located in order to defray the expenses of the district related to such projects or services.

HISTORY: Laws, 1989, ch. 519, § 7, eff from and after passage (approved April 4, 1989).

Cross References —

Use of funds generated by tax to pay revenue bonds issued by district, see §19-3-106.

§ 19-3-115. Contractual powers of municipality.

Any municipality located within a cooperative service district may, pursuant to a duly adopted resolution of the governing body, and upon concurrence by the board of commissioners of the service district, enter into contracts with the district to provide, obtain or receive any services provided by the district or to otherwise cooperate and participate through contract in the delivery of services provided by the district which the municipality has the power, authority or responsibility to exercise. In each instance, the contract shall provide the district sufficient payment to enable the district to meet its expenses, including any debt service as a result of any projects of the service district for which the contract is entered.

Any municipality which has contracted with a cooperative service district may terminate its contract with the district by a majority vote of the governing authorities, but the governing authorities of a municipality shall have no power to terminate a contract with the district until the municipality has paid all outstanding debts for the services it has received pursuant to the contract.

HISTORY: Laws, 1989, ch. 519, § 8, eff from and after passage (approved April 4, 1989).

Cross References —

Use of funds generated by contracts to pay revenue bonds issued by district, see §19-3-106.

Chapter 4. County Administrator

§ 19-4-1. Employment, qualifications and general duties.

[With regard to any county that is exempt from the provisions of Section 19-2-3, this section shall read as follows:]

The board of supervisors of any county is authorized, in its discretion, to employ a county administrator. The person employed as county administrator shall hold at least a bachelor’s degree from an accredited college or university and shall have knowledgeable experience in any of the following fields: work projection, budget planning, accounting, purchasing, cost control, personnel management and road construction procedures. Such administrator, under the policies determined by the board of supervisors and subject to said board’s general supervision and control, shall administer all county affairs falling under the control of the board and carry out the general policies of the board in conformity with the estimates of expenditures fixed in the annual budget as finally adopted by the board or as thereafter revised by appropriate action of the board.

HISTORY: Laws, 1974, ch. 486, § 1; Laws, 1988 Ex Sess, ch. 14, § 6, eff from and after October 1, 1989.

Editor’s Notes —

The Interlocal Cooperation Act of 1974 is codified at §17-13-1 et seq.

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Terms of employment of a county administrator appointed under this section, see §19-4-3.

Application of this section to the prohibition against a county employee holding more than one position as purchase clerk, receiving clerk, or inventory control clerk, see §31-7-118.

OPINIONS OF THE ATTORNEY GENERAL

Section 19-3-81(1)(b) implies, upon resolution of the board of supervisors, that the sheriff’s department is authorized to perform the necessary paperwork for depositing the proceeds from the operation of an “Inmate Canteen Fund” into the county treasury; however, the board of supervisors, as a condition precedent to the establishment of the facility by resolution spread on the minutes, can authorize the county administrator to account for the fund; in any case, the sheriff has sole authority to make expenditures from the fund, in the sound exercise of his discretion and in accordance with the terms of the statute. Davis, Mar. 22, 2002, A.G. Op. #02-0115

A member of the board of supervisors cannot be the county administrator. Crook, Sept. 12, 2002, A.G. Op. #02-0525.

Sections 19-4-1 and 19-4-7 permit the board of supervisors to delegate to the county administrator their duty to approve travel by county employees under Section 25-3-41; however, giving advance approval to certain classes of employees, rather than individual employees, to attend unspecified training classes during a particular month or similar time period, does not satisfy the requirements of Section 25-3-41. Nowak, Jan. 6, 2005, A.G. Op. 05-0625.

§ 19-4-1. Employment, qualifications and general duties.

[With regard to any county that is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]

The board of supervisors of each county shall appoint some person other than a member of such board to serve as county administrator. The board of supervisors may appoint the chancery clerk of the county as county administrator if the chancery clerk agrees to serve as county administrator, or the board may appoint as county administrator some other person who has knowledgeable experience in any of the following fields: work projection, budget planning, accounting, purchasing, cost control or personnel management. If the chancery clerk is appointed to serve as county administrator, the board of supervisors, with the approval of the chancery clerk, may appoint the chancery clerk also to serve as the county purchase clerk, an assistant purchase clerk, the inventory control clerk or any combination of such positions, but no chancery clerk who serves as county administrator shall also serve as the county road manager or a receiving clerk or an assistant receiving clerk for the county. If some person other than the chancery clerk is appointed to serve as county administrator, the board of supervisors may appoint such person also to serve as (a) inventory control clerk; (b) inventory control clerk and county road manager; or (c) inventory control clerk and county purchase clerk; but such person shall not serve as both county administrator and as a receiving clerk or an assistant receiving clerk for the county.

Notwithstanding any provisions of this section to the contrary, in any county having a population of less than three thousand (3,000) according to the latest federal decennial census, the board of supervisors, with the approval of the chancery clerk, may appoint the chancery clerk also to serve as the county administrator, the county purchase clerk, an assistant purchase clerk, the receiving clerk, an assistant receiving clerk, and the inventory control clerk, or any combination of such positions.

The county administrator, under the policies determined by the board of supervisors and subject to the board’s general supervision and control, shall administer all county affairs falling under the control of the board and carry out the general policies of the board in conformity with the estimates of expenditures fixed in the annual budget as finally adopted by the board or as thereafter revised by appropriate action of the board.

The boards of supervisors of at least two (2) but no more than five (5) counties may, by agreement executed under the Interlocal Cooperation Act of 1974, employ the same person to serve them as county administrator; however, a chancery clerk may not be appointed to serve as administrator for more than one (1) county nor for any county other than the county for which he serves as chancery clerk.

The State Auditor shall prescribe a course of continuing education for county administrators to keep them knowledgeable about their duties and responsibilities with respect to administering the affairs of the county. At least one (1) training session shall be held annually.

HISTORY: Laws, 1974, ch. 486, § 1; Laws, 1988 Ex Sess, ch. 14, § 6, eff from and after October 1, 1989.

§ 19-4-3. Terms of employment; compensation.

[With regard to any county that is exempt from the provisions of Section 19-2-3, this section shall read as follows:]

The county administrator so employed shall hold office at the pleasure of the board of supervisors and his employment may be terminated at any time by a majority vote of the board of supervisors. He shall be paid a salary to be fixed by the board of supervisors which may be paid from the county general fund or from the proceeds of any tax levied by the board of supervisors for the support and maintenance of any unit of county government, excluding schools and hospitals, or from any funds which may be available to defray the financial administration expenses of county government. The board shall provide travel and transportation expense and other office expenses as are needed in the performance of the duties of the office of county administrator. Said travel and transportation expense shall be paid on itemized vouchers in accordance with the provisions of Section 25-3-41, Mississippi Code of 1972.

HISTORY: Laws, 1974, ch. 486, § 2; Laws, 1988 Ex Sess, ch. 14, § 7, eff from and after October 1, 1989.

OPINIONS OF THE ATTORNEY GENERAL

County may not pay basic monthly service bill of privately owned cellular telephone used by county administrator; county may reimburse actual and itemized costs of reasonable and necessary telephone expense incurred as direct requirement of position as county administrator, provided incurring of such expense has been previously authorized. Scipper, Oct. 21, 1992, A.G. Op. #92-0811.

§ 19-4-3. Terms of employment; compensation.

[With regard to any county that is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]

The person appointed as county administrator under Section 19-4-1 shall serve at the will and pleasure of the board of supervisors and may be removed from such position by a majority vote of the board. The compensation of the county administrator shall be fixed by the board of supervisors and may be paid from the county general fund or from any funds which may be available to defray the financial administration expenses of county government. Any chancery clerk who agrees to also serve as county administrator may be paid, in addition to such compensation as he is otherwise entitled to receive by law, such additional compensation as the board deems him to be entitled commensurate with the additional duties he performs as county administrator. The board shall provide travel and transportation expense and other office expenses as are needed in the performance of the duties of the office of county administrator. Said travel and transportation expense shall be paid on itemized vouchers in accordance with the provisions of Section 25-3-41, Mississippi Code of 1972.

HISTORY: Laws, 1974, ch. 486, § 2; Laws, 1988 Ex Sess, ch. 14, § 7, eff from and after October 1, 1989.

§ 19-4-5. Establishment of administration policies by board.

The board of supervisors by action spread upon the minutes shall establish the general policies to be followed in the administration of the county and the county administrator so employed shall have such duties and responsibilities as set forth in sections 19-4-1 through 19-4-9.

HISTORY: Laws, 1974, ch. 486, § 3, eff from and after passage (approved April 2, 1974).

§ 19-4-7. Duties and responsibilities.

[With regard to any county that is exempt from the provisions of Section 19-2-3, this section shall read as follows:]

The board of supervisors may delegate and assign to the county administrator the duties and responsibilities enumerated below, in whole or in part, and such other duties and responsibilities as said board may determine, not contrary to the laws of the State of Mississippi or the Constitution thereof and not assigned by law to other officers:

Employ an office clerk and such other technical and secretarial assistance for the board as may be needed, maintain an office for the board and prepare a budget for his office subject to approval of the board;

Prepare an inventory of all personal property owned by the county and the location and condition of such property and shall maintain a perpetual inventory of such property;

List all buildings and real estate owned by the county and keep a perpetual list of such real estate;

Be responsible for carrying out the responsibilities of the board of supervisors in regard to janitorial services and maintenance of buildings and property owned by the county except such as may be specifically assigned by the board of supervisors to some other person or office, or may be the responsibility of some other office under law;

Exercise supervision over the purchase clerk and inventory control clerk of the county, and the boards or other divisions of county government financed in whole or in part through taxes levied on county property and purchases shall be made from vendors whose bids have been accepted by the board of supervisors under the provisions of law or to serve as purchase clerk or inventory control clerk;

Assist the board in the preparation of the budget and preparation of the tax levy;

Have authority to make inquiry of any person or group using county funds appropriated by the board of supervisors as to the use or proper use of such funds and shall report to the board of supervisors as to such findings;

Have general supervision over the county sanitary land fills and refuse collection procedures;

Have general supervision over county-owned parks, playgrounds and recreation areas;

Have general supervision over any and all zoning and building code ordinances adopted by the board of supervisors and shall administer such ordinances;

Have general supervision over any and all airports owned by the county;

Be the liaison officer to work with the various divisions of county government and agencies to see that county-owned property is properly managed, maintained, repaired, improved, kept or stored;

See that all orders, resolutions and regulations of the board of supervisors are faithfully executed;

Make reports to the board from time to time concerning the affairs of the county and keep the board fully advised as to the financial condition of the county and future financial needs;

Keep the board of supervisors informed as to federal and state laws and regulations which affect the board of supervisors and the county, shall advise the board as to the possible availability of federal or state grants and assistance for which the county may be eligible, shall assist in the preparation and submission of plans and project specifications necessary to acquire such assistance, and shall be the administrating officer of county grants from state and federal sources;

Be charged with the responsibility of securing insurance coverage on such county property as the board shall decide should be insured and of securing any other insurance required or authorized by law. He shall work out a plan of insurance for the county which will insure minimum premiums;

Receive inquiries and complaints from citizens of the county as to the operation of county government, investigate such inquiries and complaints and shall report his finding to the board and the individual supervisor of the district from which such inquiry or complaint arises;

Meet regularly with the board of supervisors and have full privileges of discussion but no vote;

Do any and all other administrative duties that the board of supervisors could legally do themselves and that they can legally delegate without violating the laws of the state nor impinging upon the duties set out by law for other officers.

HISTORY: Laws, 1974, ch. 486, § 4; Laws, 1988 Ex Sess, ch. 14, § 8, eff from and after October 1, 1989.

JUDICIAL DECISIONS

1. In general.

Court held that a Mississippi county administrator occupied a critical managerial role in county government, and because his duties strongly influenced the public’s view of the elected board of supervisors, the board must be assured of his trust and loyalty and must be able to assume the confidentiality, when necessary, of their mutual dealings; thus, the administrator could be discharged for campaigning for board member’s political enemy without violating the administrator’s constitutional rights. Gentry v. Lowndes County, 337 F.3d 481, 2003 U.S. App. LEXIS 13505 (5th Cir. Miss. 2003).

OPINIONS OF THE ATTORNEY GENERAL

The board of supervisors may operate a county park, including a county golf course which includes a concession stand, either through a county park commission established pursuant to 55-9-81 and following of the Mississippi Code, or under its own supervision, which may be delegated to the county administrator pursuant to Section 19-4-7. Mullins, March 22, 1996, A.G. Op. #96-0127.

Although a county administrator has the authority to hire and terminate those county employees designated by the board of supervisors, there is no statutory authority for an administrator to abolish a personnel position that has been designated by the board. Brooks, Mar. 26, 2004, A.G. Op. 04-0108.

Sections 19-4-1 and 19-4-7 permit the board of supervisors to delegate to the county administrator their duty to approve travel by county employees under Section 25-3-41; however, giving advance approval to certain classes of employees, rather than individual employees, to attend unspecified training classes during a particular month or similar time period, does not satisfy the requirements of Section 25-3-41. Nowak, Jan. 6, 2005, A.G. Op. 05-0625.

RESEARCH REFERENCES

ALR.

Applicability of zoning regulations to governmental projects or activities. 53 A.L.R.5th 1.

Law Reviews.

Stennis & Dawkins, The Emergence of Regional Landfills in Mississippi. 60 Miss. L. J. 147, Spring 1990.

§ 19-4-7. Duties and responsibilities.

[With regard to any county that is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:]

The board of supervisors may delegate and assign to the county administrator the duties and responsibilities enumerated below, in whole or in part, and such other duties and responsibilities as said board may determine, not contrary to the laws of the State of Mississippi or the Constitution thereof and not assigned by law to other officers:

Employ an office clerk and such other technical and secretarial assistance for the board as may be needed, maintain an office for the board and prepare a budget for his office subject to approval of the board;

Be responsible for carrying out the policies adopted by the board of supervisors;

Exercise supervision over the boards or other divisions of county government, except for the sheriff’s department, financed in whole or in part through taxes levied on county property and purchases shall be made from vendors whose bids have been accepted by the board of supervisors under the provisions of law;

Prepare the budget for consideration by the board of supervisors and assist the board of supervisors in the preparation of the tax levy; however, the sheriff, any governing authority, as defined in Section 31-7-1, funded in whole or in part by the board of supervisors and any board or commission funded in whole or in part by the board of supervisors shall be responsible for preparing their respective budgets for consideration by the board of supervisors;

Make inquiry of any person or group using county funds appropriated by the board of supervisors as to the use or proper use of such funds and shall report to the board of supervisors as to such findings;

Have general supervision over the county sanitary landfills and refuse collection procedures;

Have general supervision over county-owned parks, playgrounds and recreation areas;

Have general supervision over any and all zoning and building code ordinances adopted by the board of supervisors and shall administer such ordinances;

Have general supervision over any and all airports owned by the county;

Be the liaison officer to work with the various divisions of county government and agencies to see that county-owned property is properly managed, maintained, repaired, improved, kept or stored;

See that all orders, resolutions and regulations of the board of supervisors are faithfully executed;

Make reports to the board from time to time concerning the affairs of the county and keep the board fully advised as to the financial condition of the county and future financial needs;

Keep the board of supervisors informed as to federal and state laws and regulations which affect the board of supervisors and the county, shall advise the board as to the possible availability of federal or state grants and assistance for which the county may be eligible, shall assist in the preparation and submission of plans and project specifications necessary to acquire such assistance, and shall be the administrating officer of county grants from state and federal sources;

Be charged with the responsibility of securing insurance coverage on such county property as the board shall decide should be insured and of securing any other insurance required or authorized by law. He shall work out a plan of insurance for the county which will ensure minimum premiums;

Receive inquiries and complaints from citizens of the county as to the operation of county government, investigate such inquiries and complaints, and shall report his finding to the board and the individual supervisor of the district from which such inquiry or complaint arises;

Meet regularly with the board of supervisors and have full privileges of discussion but no vote;

Perform any and all other administrative duties that the board of supervisors could legally perform themselves and that they can legally delegate without violating the laws of the state nor impinging upon the duties set out by law for other officers.

HISTORY: Laws, 1974, ch. 486, § 4; Laws, 1988 Ex Sess, ch. 14, § 8, eff from and after October 1, 1989.

§ 19-4-9. Oath and bond.

The county administrator shall take the official oath of office and shall give bond to the board of supervisors, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to three percent (3%) of the sum of all the state and county taxes shown by the assessment rolls and the levies to have been collectible in the county for the year immediately preceding the commencement of the term of office for such administrator; however, such bond shall not exceed the amount of One Hundred Thousand Dollars ($100,000.00). The bond premiums shall be paid from the county general fund or other available funds of the county.

HISTORY: Laws, 1974, ch. 486, § 5; Laws, 1986, ch. 458, § 16; Laws, 1991, ch. 604, § 3, eff from and after July 1, 1991.

Editor’s Notes —

Laws, 1986, ch. 458, § 48, provided that §19-4-9 would stand repealed from and after October 1, 1989. Subsequently, Laws 1986, chapter 458, § 48 was amended by three 1989 chapters (341, 342, and 343), which deleted the date for repeal.

OPINIONS OF THE ATTORNEY GENERAL

The provisions of §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, only mandate the use of tax assessment rolls and the avails to be collected from levies thereon in calculating the amount of the bonds therein required. Bryant, January 29, 1999, A.G. Op. #99-0011.

The calculation of a bond pursuant to §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, includes all assessment rolls upon which a board of supervisors may levy ad valorem taxes. Bryant, January 29, 1999, A.G. Op. #99-0011.

The calculation pursuant to §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, includes all ad valorem tax levies listed on the certified levy sheet, including school district levies. Bryant, January 29, 1999, A.G. Op. #99-0011.

The calculation pursuant to §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, includes all classes of property upon which ad valorem taxes are levied and collected. Bryant, January 29, 1999, A.G. Op. #99-0011.

In calculating the amount of a bond pursuant to §§9-5-131,9-7-121,19-3-5,19-4-9,21-1-7,21-17-5(1), and27-1-13, the total amount of ad valorem taxes to be collected, rather than the actual amount collected, must be used. Bryant, January 29, 1999, A.G. Op. #99-0011.

Chapter 5. Health, Safety and Public Welfare

In General

§ 19-5-1. Examination of county jail.

At least annually, and as often as it may think proper, the board of supervisors, or a competent person authorized by the board of supervisors, shall examine into the state and condition of the jail, in regard to its safety, sufficiency and accommodation of the prisoners, and from time to time take such legal measures as may best tend to secure the prisoners against escape, sickness and infection, and have the jail cleansed. If it shall appear from such examination that the sheriff has neglected his duty in the manner of keeping the jail, or keeping and furnishing the prisoners, the board shall fine him, as for a contempt, in any sum not exceeding One Hundred Dollars ($100.00).

The board of supervisors shall not authorize the sheriff or any member of his department to make the inspections required by this section.

HISTORY: Codes, 1857, ch. 59, art 19; 1871, § 1366; 1880, § 2147; 1892, § 310; 1906, § 329; Hemingway’s 1917, § 3702; 1930, § 235; 1942, § 2913; Laws, 1986, ch. 315, eff from and after passage (approved March 7, 1986).

Cross References —

Remedy against sheriff who permits prisoner to escape, see §§11-7-219,99-19-67.

Requirement that counties erect jails, see §19-3-41.

Duty of county auditor to keep accounts of jail, see §19-17-3.

Punishment for escape from county farm, see §47-1-17.

Penalty for maltreating prisoner by failing to provide food, medical attention, etc., see §47-1-27.

Aiding escape of prisoners, see §97-9-31.

JUDICIAL DECISIONS

1. In general.

Statutory duty of supervisors to examine county jail and take appropriate remedial measures brings their acts or omissions within prisoner’s 42 USCS § 1983 action to reform conditions in the Jackson County jail, and the trial court was not justified in declaring the supervisors immune without a factual examination. Jones v. Diamond, 519 F.2d 1090, 1975 U.S. App. LEXIS 12598 (5th Cir. Miss. 1975), disapproved, Gardner v. Westinghouse Broadcasting Co., 437 U.S. 478, 98 S. Ct. 2451, 57 L. Ed. 2d 364, 1978 U.S. LEXIS 118 (U.S. 1978).

Complaint in federal civil rights action which contained charges that the defendant supervisor, as a board, failed or neglected to discharge the duties prescribed by Code 1972, §19-5-1 failed to state a cause of action upon which relief could be granted against the individual members of the board of supervisors, and moreover failed to state a claim against the board, as such, since the board is not a “person” within the meaning of 42 USCS § 1983. Cole v. Tuttle, 366 F. Supp. 1252, 1973 U.S. Dist. LEXIS 10908 (N.D. Miss. 1973).

Recovery cannot be had for disinfectants purchased by the sheriff for the county jail, courthouse and poorhouse without authorization. American Disinfecting Co. v. Oktibbeha County, 110 So. 869 (Miss. 1927).

§ 19-5-3. Purchase and upkeep of law enforcement dogs.

The board of supervisors of any county is hereby authorized and empowered to purchase and keep on hand, for the use of the sheriffs, hounds of the best breeding and training. The board, when such hounds have been purchased by them, shall allow out of the general county funds a reasonable sum of money for the purchase of said hounds, and a reasonable amount for the monthly care and maintenance of said hounds. When such hounds have not been purchased the board may allow the sheriff a reasonable amount for hire of hounds in attempting the capture of criminals charged with capital crimes.

Likewise the board of supervisors of any county in the state is hereby authorized and empowered to purchase by negotiation or otherwise, any breed of dogs suitable for law enforcement purposes and pay for same out of the general fund of the county. Said law enforcement dogs may be furnished to the sheriff of said county or to any other law enforcement officer to be used by him or them in the enforcement of the laws in said county. The board of supervisors may also appropriate and pay monthly such amounts as may be necessary to care for and maintain said law enforcement dogs.

HISTORY: Codes, 1906, § 330; Hemingway’s 1917, § 3703; 1930, § 236; 1942, § 2914; Laws, 1896, ch. 139; Laws, 1962, ch. 244, eff from and after passage (approved May 1, 1962).

Cross References —

Maintenance and training of dogs by sheriff, see §19-25-83.

Purchase of dogs for use by municipal police department, see §21-21-5.

Retention by officers of assigned dogs retired from service see §45-3-52.

RESEARCH REFERENCES

ALR.

Liability, under 42 USCA § 1983, for injury inflicted by dogs under control or direction of police. 102 A.L.R. Fed. 616.

§ 19-5-5. Acquisition and operation of radio stations for law enforcement.

The board of supervisors of any county is hereby authorized and empowered, in its discretion, to purchase the necessary and suitable equipment required to install a complete radio base station, including mobile units to be installed in cars and motor boats, after having legally advertised for same as required by law, and to maintain the same and to make such necessary repairs and to purchase replacements and parts so as to keep the same in good order as may be necessary for the efficient operation of said station. The said radio station shall be operated by the sheriffs of said counties for law enforcement purposes. All of the expenses of said station may be borne by any available funds of said counties, including its general fund. However the board of supervisors of any county is hereby authorized and empowered, in its discretion, to purchase new or used two-way shortwave equipment without first advertising for same as required by law, provided the total cost of said two-way shortwave equipment shall not exceed the sum of Five Hundred Dollars ($500.00).

Any county may cooperate with one or more counties in purchasing and maintaining the radio base station herein authorized, and in such event, the cost may be prorated among them by contract.

Any county may cooperate with any municipality located in said county in purchasing and maintaining the radio base station herein authorized, and in such event, the cost may be prorated between said county and municipality by contract. Said county and municipality may employ such dispatcher or dispatchers as in their opinion may be necessary to operate such radio base station.

HISTORY: Codes, 1942, § 2914.5; Laws, 1964, ch. 279, § 1, eff date June 3, 1964.

Cross References —

Purchase of radio equipment for county patrolmen, see §45-7-25.

OPINIONS OF THE ATTORNEY GENERAL

Dispatchers hired under Section 19-5-5 would be supervised and directed as agreed upon by the county and municipality. Both the county and the municipality must consent to the employment of such radio dispatchers. Keenum, December 6, 1996, A.G. Op. #96-0841.

§ 19-5-7. Employment of school crossing guards.

The board of supervisors of (a) any county in this state having a population in excess of two hundred fifty thousand (250,000) according to the 1990 federal census, and an assessed valuation in excess of Three Hundred Million Dollars ($300,000,000.00) as shown by the last completed assessment for taxation, and (b) any county in this state having a population of at least thirty-eight thousand (38,000), according to the latest federal decennial census, having one (1) completely constructed highway bridge and an additional highway bridge at least fifty percent (50%) constructed which cross the Mississippi River resulting in a high volume of vehicular traffic in the county, and which has only one (1) public school district in the county, shall be authorized, in its discretion, to employ school crossing guards.

The board of supervisors of the county described in “(a)” above may pay each of the guards employed by it a monthly amount to be established by the board of supervisors, and the board of supervisors of the county described in “(b)” above may pay each of the guards employed by it an amount not to exceed Three Hundred Fifty Dollars ($350.00) per month. Any such board may purchase and furnish the school crossing guards with suitable uniforms.

The board of supervisors of any county which employs school crossing guards under the authority of this section shall annually spread upon its official minutes the total number of school crossing guards employed by the county, including the names of and compensation paid to each of such school crossing guards.

HISTORY: Codes, 1942, § 2988.3; Laws, 1971, ch. 435, §§ 1 and 2; Laws, 1973, ch. 491, § 1; Laws, 1981, ch. 352, § 1; Laws, 1987, ch. 501; Laws, 1999, ch. 319, § 1, eff from and after Oct. 1, 1999.

OPINIONS OF THE ATTORNEY GENERAL

In order for the board of supervisors to utilize rubbish landfill funds to repair a county road, the board must first make a factual determination that the work performed on the above county road is necessary to ensure the continued operation of the rubbish landfill. If this factual determination is made, the board has the authority to utilize rubbish landfill funds to maintain and repair a county road that leads to the landfill. Crow, July 6, 2004, A.G. Op. 04-0213.

§ 19-5-9. Adoption of building and other related codes in certain counties.

The construction codes published by a nationally recognized code group which sets minimum standards and has the proper provisions to maintain up-to-date amendments are adopted as minimum standard guides for building, plumbing, electrical, gas, sanitary, and other related codes in Mississippi. Any county within the State of Mississippi, in the discretion of the board of supervisors, may adopt building codes, plumbing codes, electrical codes, sanitary codes, or other related codes dealing with general public health, safety or welfare, or a combination of the same, within but not exceeding the provisions of the construction codes published by nationally recognized code groups, by order or resolution in the manner prescribed in this section, but those codes so adopted shall apply only to the unincorporated areas of the county. However, those codes shall not apply to the erection, maintenance, repair or extension of farm buildings or farm structures, except as may be required under the terms of the “Flood Disaster Protection Act of 1973, ” and shall apply to a master planned community as defined in Section 19-5-10 only to the extent allowed in Section 19-5-10. The provisions of this section shall not be construed to authorize the adoption of any code which applies to the installation, repair or maintenance of electric wires, pipelines, apparatus, equipment or devices by or for a utility rendering public utility services, required by it to be utilized in the rendition of its duly authorized service to the public. Before any such code shall be adopted, it shall be either printed or typewritten and shall be presented in pamphlet form to the board of supervisors at a regular meeting. The order or resolution adopting the code shall not set out the code in full, but shall merely identify the same. The vote or passage of the order or resolution shall be the same as on any other order or resolution. After its adoption, the code or codes shall be certified to by the president and clerk of the board of supervisors and shall be filed as a permanent record in the office of the clerk who shall not be required to transcribe and record the same in the minute book as other orders and resolutions.

If the board of supervisors of any county adopts or has adopted construction codes which do not have proper provisions to maintain up-to-date amendments, specifications in such codes for cements used in portland cement concrete shall be superseded by nationally recognized specifications referenced in any code adopted by the Mississippi Building Code Council.

All provisions of this section shall apply to amendments and revisions of the codes mentioned in this section. The provisions of this section shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of county orders, resolutions or codes.

Any code adopted under the provisions of this section shall not be in operation or force until sixty (60) days have elapsed from the adoption of same; however, any code adopted for the immediate preservation of the public health, safety and general welfare may be effective from and after its adoption by a unanimous vote of the members of the board. Within five (5) days after the adoption or passage of an order or resolution adopting that code or codes the clerk of the board of supervisors shall publish in a legal newspaper published in the county the full text of the order or resolution adopting and approving the code, and the publication shall be inserted at least three (3) times, and shall be completed within thirty (30) days after the passage of the order or resolution.

Any person or persons objecting to the code or codes may object in writing to the provisions of the code or codes within sixty (60) days after the passage of the order or resolution approving same, and if the board of supervisors adjudicates that ten percent (10%) or more of the qualified electors residing in the affected unincorporated areas of the county have objected in writing to the code or codes, then in such event the code shall be inoperative and not in effect unless adopted for the immediate preservation of the public health, safety and general welfare until approved by a special election called by the board of supervisors as other special elections are called and conducted by the election commissioners of the county as other special elections are conducted, the special election to be participated in by all the qualified electors of the county residing in the unincorporated areas of the county. If the voters approve the code or codes in the special election it shall be in force and in operation thereafter until amended or modified as provided in this section. If the majority of the qualified electors voting in the special election vote against the code or codes, then, in such event, the code or codes shall be void and of no force and effect, and no other code or codes dealing with that subject shall be adopted under the provisions of this section until at least two (2) years thereafter.

After any such code shall take effect the board of supervisors is authorized to employ such directors and other personnel as the board, in its discretion, deems necessary and to expend general county funds or any other funds available to the board to fulfill the purposes of this section.

For the purpose of promoting health, safety, morals or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, is empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density or population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required except as may be required under the terms of the “Flood Disaster Protection Act of 1973” for the erection, maintenance, repair or extension of farm buildings or farm structures outside the corporate limits of municipalities.

The authority granted in this section is cumulative and supplemental to any other authority granted by law.

Notwithstanding any provision of this section to the contrary, any code adopted by a county before or after April 12, 2001, is subject to the provisions of Section 41-26-14(10).

Notwithstanding any provision of this section to the contrary, the Boards of Supervisors of Jackson, Harrison, Hancock, Stone and Pearl River Counties shall enforce the requirements imposed under Section 17-2-1 as provided in such section.

HISTORY: Codes, 1942, §§ 2890.7, 2890.8; Laws, 1962, ch. 266, §§ 1, 2; Laws, 1964, ch. 274; Laws, 1974, ch. 530; Laws, 2000, ch. 590, § 3; Laws, 2001, ch. 587, § 2; Laws, 2006, ch. 541, § 6; Laws, 2008, ch. 379, § 1, eff from and after passage (approved Mar. 31, 2008.).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error in the last paragraph of this section. The words “before or after the effective date of House Bill No. 962, 2001 Regular Session” were changed to “before or after April 12, 2001”. The Joint Committee ratified the correction at its May 16, 2002 meeting.

Amendment Notes —

The 2001 amendment added the last paragraph, and made stylistic changes throughout the section.

The 2006 amendment added the last paragraph.

The 2008 amendment made a minor stylistic change in the first paragraph; added the second paragraph; and substituted “is empowered to regulate the height” for “are empowered to regulate the height” in the seventh paragraph.

Cross References —

Master planned communities, see §19-5-10.

Adoption of building and other related codes by municipalities, see §21-19-25.

Immunity of agricultural operations from nuisance actions, see §95-3-29.

Federal Aspects—

The Flood Disaster Protection Act of 1973 is codified generally at 42 USCS §§ 4001 et seq.

OPINIONS OF THE ATTORNEY GENERAL

For the abatement of public health nuisances, a county may proceed under §19-5-105, pertaining to the cleaning of private property, or notify the state board of health of the nuisance pursuant to §41-23-13, and the county may consider passing an ordinance pursuant to this section. Fillingane, Oct. 25, 2002, A.G. Op. #02-0586.

A county is authorized to enter into a contract with a private water association whereby the county will contribute to the construction cost of the association’s water well in return for a guaranty of the provision of a certain amount of water from that well. Dabbs, Jan. 9, 2004, A.G. Op. 03-0707.

When the Governor signed House Bill 1406 (Laws of 2006, Ch. 541), the provisions of Section 1 of HB 1406 (§17-2-1) became effective, and 30 days thereafter, Pearl River County was required to enforce on an emergency basis, by legislative mandate, the 2003 International Residential Code and the 2003 International Building Code as provided in Section 1 of HB 1406. Thus, the enactment of HB 1406 had the effect of superceding the county’s adoption of the international codes. Cummings, Sept. 29, 2006, A.G. Op. 06-0436.

RESEARCH REFERENCES

Am. Jur.

13 Am. Jur. 2d, Buildings §§ 19 et seq.

§ 19-5-10. Authority to enter into development agreements for master planned communities; “master planned community” defined; modification of master plan; “dwelling unit” defined.

  1. The board of supervisors of any county is authorized to enter into one or more development agreements with the developer or developers of a master planned community in order to authorize, in addition to any other matters to which the board of supervisors may lawfully obligate the county, the master planned community, through a community self-governing entity created by the owners of the property, to administer, manage and enforce the land use restrictions and covenants, land use regulations, subdivision regulations, building codes and regulations, and any other limitations and restrictions on land and buildings provided in the master plan for the master planned community, in lieu of the real estate and property owners within the master planned community being subject to the county ordinances and regulations pertaining to buildings, subdivisions, zoning, the county’s comprehensive plan, and any other county ordinances and regulations pertaining thereto. Prior to entering into any such development agreement, the board of supervisors shall review the master plan for the master planned community and find that the provisions of the master plan providing for regulations, restrictions, covenants and limitations pertaining to building, subdivisions, zoning and comprehensive planning shall be comparable to, or greater than, similar provisions in the ordinances and regulations of the county. The term of such a development agreement may be not more than thirty (30) years or the number of years allowed in the county’s subdivision ordinance for terms of subdivision covenants, whichever is greater. The development agreement shall have attached to it a boundary survey made by a registered land surveyor, and upon approval of the development agreement by the board of supervisors, the boundary survey shall be recorded in the land records of the chancery clerk of the county. The recorded boundary survey shall serve as the description of the property within the master planned community which shall not be subject to the county’s zoning map, and the county’s zoning map shall simply recognize the territory described in such boundary survey as a “master planned community.” Whenever there may be a conflict between the county ordinances and regulations pertaining to buildings, subdivisions, zoning, the county’s comprehensive plan, and any other county ordinances and regulations pertaining thereto, and the provisions of such a development agreement, including the provisions of the master plan providing for regulations, restrictions, covenants and limitations pertaining to buildings, subdivisions, zoning and comprehensive planning, the provisions of the development agreement shall prevail if the provisions of the development agreement are comparable to or greater than similar provisions of county ordinances and regulations.
  2. As used in this section, the term “master planned community” means a development by one or more developers of real estate consisting of residential, commercial, educational, health care, open space and recreational components that is developed pursuant to a long range, multi-phase master plan providing comprehensive land use planning and staged implementation and development and the master plan must include the following minimum provisions:
    1. The real estate described in the master plan must consist of not less than two thousand five hundred (2,500) acres. The master plan may require that not less than fifty percent (50%) of the total dwelling units planned for such acreage must be:
      1. Dwelling units within a certified retirement community certified by the Mississippi Development Authority; or
      2. Dwelling units where at least one (1) occupant:

      1. Is sixty-two (62) years of age; or

      2. Receives pension income reported on his or her most recent federal income tax return filed prior to occupancy; or

      3. Declares himself to be retired.

    2. The real estate described in the master plan must be subjected to a set of land use restrictions imposed by deed restriction or restrictive covenants recorded by the developer in the land records of the chancery clerk of the county as land is developed and sold in phases to users. Such restrictions shall include design guidelines and standards that provide for:
      1. Internal community self-governance by the owners of the property;
      2. The establishment of one or more legal persons endowed with the powers, rights and duties to administer, manage, own and maintain common areas, establish community activities and enforce the land use restrictions on the common areas and private property; and
      3. The establishment of assessments and lien rights to fund amenities, services and maintenance of common areas.
    3. The real estate described in the master plan must be within the territorial boundaries of one or more public utility districts established by the county for the provision of water and sewer facilities and water and sewer services.
  3. The master plan for a master planned community shall be subject to modification from time to time by the original owner or owners of the real estate described in the initial master plan, its affiliates, successors or assigns to meet changing economic and market conditions; provided, however, any such modifications in the master plan which materially change the regulations, restrictions, covenants and limitations pertaining to buildings, subdivisions and land use regulations approved in the development agreement, or which significantly change the overall plan concept, shall be subject to, and shall not take effect until, approved by the board of supervisors of the county.
  4. As used in this section, the term “dwelling unit” means single-family residences, apartments or other units within a multi-family residence, or a room or apartment in a nursing home or congregate-care facility.

HISTORY: Laws, 2000, ch. 590, § 1; Laws, 2012, ch. 396, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment substituted “consist of not less than two thousand five hundred (2,500) acres” for “consist of at least three thousand five hundred (3,500) acres” in the introductory paragraph of (2)(a); substituted “Mississippi Development Authority” for “Mississippi Department of Economic and Community Development” in (2)(a)(i); and redesignated (2)(a)(ii)A through C as (2)(a)(ii)1 through 3.

Cross References —

Adoption of building and other related codes in certain counties, see §19-5-9.

§ 19-5-11. Compensation for destruction of certain diseased livestock.

The board of supervisors of any county may, in their discretion, pay to the owner compensation not exceeding the value of any farcied or glandered stock killed heretofore by the sheriff under the provisions of law.

HISTORY: Codes, 1906, § 399; Hemingway’s 1917, § 3776; 1930, § 264; 1942, § 2949; Laws, 1906, ch. 122.

Cross References —

How claims for damage for death or injury of livestock shall be proved and paid, see §19-13-49.

Compensation for livestock destroyed by the state livestock sanitary board, see §69-15-113.

Penalty for failure to destroy or report animals with glanders or farcy, see §97-27-7.

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. 2d, Animals § 38.

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 21-26 (destruction of diseased animals).

37 Am. Jur. Proof of Facts 2d 639, Damages for Loss of or Injury to Animal.

37 Am. Jur. Proof of Facts 2d 711, Justifiable Destruction of Animal.

CJS.

39A C.J.S., Health and Environment § 31.

§ 19-5-13. Compensation for cattle killed or injured in dipping process.

Any person in any county in this state shall be entitled to recover from such county reasonable compensation for any livestock owned by such person that may be killed or permanently injured in the process of dipping or as a result of such dipping for the eradication of the cattle tick, where such dipping was done under the supervision of the board of supervisors or the livestock sanitary board.

HISTORY: Codes, Hemingway’s 1921 Supp. § 3807a; Laws, 1930, § 265; Laws, 1942, § 2950; Laws, 1917, ch. 38.

Cross References —

Compensation for livestock destroyed by the state livestock sanitary board, see §69-15-113.

JUDICIAL DECISIONS

1. In general.

In statutory action against county for death of cattle from dipping, owner’s opinion that cattle died from pneumonia caused by dipping, based on owner’s knowledge and experience and observation, held admissible although he did not qualify as an expert. Jackson County v. Meaut, 181 Miss. 282, 179 So. 343, 1938 Miss. LEXIS 69 (Miss. 1938).

The legislature may impose liability upon a county for property injured by dipping for eradication of cattle tick. Simpson County v. Ball, 160 Miss. 241, 134 So. 162, 1931 Miss. LEXIS 190 (Miss. 1931).

A property owner may sue the county for value of livestock injured through dipping for eradication of cattle tick, though the supervisors took no part in dipping. Simpson County v. Ball, 160 Miss. 241, 134 So. 162, 1931 Miss. LEXIS 190 (Miss. 1931).

Possibility that livestock dipped for eradication of cattle tick might die did not prevent enforcement of regulation. Moss v. Mississippi Live Stock Sanitary Board, 154 Miss. 765, 122 So. 776, 1929 Miss. LEXIS 176 (Miss. 1929).

This statute is in derogation of the common law and entitled to a strict construction, and in case of an ox being killed while lassoed and tangled in the rope preparatory to dipping him there can be no recovery from the county. Franklin County v. Middleton, 140 Miss. 423, 105 So. 856, 1925 Miss. LEXIS 275 (Miss. 1925).

Where the owner of the cattle did his own dipping and the injury resulted from his negligence there can be no recovery from the county. Pippin v. Clarke County, 124 Miss. 728, 87 So. 283, 1920 Miss. LEXIS 563 (Miss. 1920).

For definition of the word “dipping,” see Covington County v. Pickering, 123 Miss. 20, 85 So. 114, 1920 Miss. LEXIS 3 (Miss. 1920).

Where a mare has merely been rubbed or sponged with a poisonous fluid used in tick eradication there can be no recovery for damages as there was no dipping. Covington County v. Pickering, 123 Miss. 20, 85 So. 114, 1920 Miss. LEXIS 3 (Miss. 1920).

Where plaintiff presented his claim to the board for damages for the death of a colt dipped and the board allowed a part of it, and there was no appeal from the order of the board, the action of the board was final and plaintiff could not maintain a suit in the circuit court for the full amount. George County v. Bufkin, 117 Miss. 844, 78 So. 781, 1918 Miss. LEXIS 230 (Miss. 1918).

OPINIONS OF THE ATTORNEY GENERAL

The purchase and installation of outdoor warning sirens does not fall within the statutorily prescribed uses for excess E-911 funds. Fisher, Mar. 28, 2003, A.G. Op. #03-0105.

RESEARCH REFERENCES

Am. Jur.

4 Am. Jur. 2d, Animals § 38.

37 Am. Jur. Proof of Facts 2d 639, Damages for Loss of or Injury to Animal.

CJS.

39A C.J.S., Health and Environment § 31.

§ 19-5-15. Burial of livestock dying as result of epidemic; burial of poultry dying as result of natural or man-made disaster or emergency situation.

  1. The board of supervisors of any county is authorized to use the road equipment and employees of the county to bury livestock which died as a result of an epidemic, whenever any licensed veterinarian shall certify to the board or any member thereof that there is an epidemic, contagious disease, among the livestock of the county or any portion of the county and immediate burial is necessary in order to prevent the spread of a contagious disease and would be in the best interest of the community wherein livestock have contracted such disease.
    1. If a concentrated animal feeding operation contains at least ten thousand (10,000) heads of poultry per house, the board of supervisors of any county may use the road equipment and employees of the county to bury the poultry that has died as the result of a natural or man-made disaster or other emergency situation;
    2. The board shall spread upon its minutes an order declaring that it will be the policy of the board to bury such poultry as authorized by this section;
    3. Any poultry buried under this section shall be buried according to the requirements and regulations of the Mississippi Board of Animal Health;
    4. Before the county buries poultry, the owner shall give written permission and execute a release and waiver of liability to the county for any loss or damages that may result from the burying of the poultry.
  2. Any livestock or poultry buried under this section shall be buried on the premises of the owner of the livestock or poultry, the property provided by the owner, or an approved site.

HISTORY: Codes, 1942, § 2951.5; Laws, 1964, ch. 222; Laws, 2011, ch. 528, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 2011 amendment rewrote (1); and added (2) and (3).

OPINIONS OF THE ATTORNEY GENERAL

This statute allows counties to bury dead livestock only where the livestock has died as a result of an epidemic. Gamble, Feb. 27, 2004, A.G. Op. 04-0052.

§ 19-5-17. Establishment and maintenance of rubbish and garbage disposal systems; civil action for recovery of delinquent fees and charges.

After December 31, 1992, the board of supervisors of any county in the state shall provide for the collection and disposal of garbage and the disposal of rubbish, and for that purpose is required to establish, operate and maintain a garbage and/or rubbish disposal system or systems; to acquire property, real or personal, by contract, gift or purchase, necessary or proper for the maintenance and operation of such system; to make all necessary rules and regulations for the collection and disposal of garbage and/or rubbish and, if it so desires, to establish, maintain and collect rates, fees and charges for collecting and disposing of such garbage and/or rubbish; and, in its discretion, to enter into contracts, in the manner required by law, with individuals, associations or corporations for the establishment, operation and maintenance of a garbage and rubbish disposal system or systems, and/or to enter into contracts on such terms as the board of supervisors thinks proper with any municipality, other county or region, enabling the county to use jointly with such municipality, other county or region any collection system, authorized rubbish landfill or permitted sanitary landfill operated by the municipality, other county or region. The board of supervisors shall designate by order the area to be served by the system. All persons in the county generating garbage shall utilize a garbage collection and disposal system. However, this provision shall not prohibit any person from managing solid waste generated by such person in any municipal solid waste management facility owned by the generator.

As a necessary incident to such county’s power and authority to establish, maintain and collect such rates, fees and charges for collecting and disposing of such garbage and/or rubbish, and as a necessary incident to such county’s power and authority to establish, operate and maintain a garbage and/or rubbish disposal system or systems, the board of supervisors of such county shall have the authority to initiate a civil action to recover any delinquent fees and charges for collecting and disposing of such garbage and/or rubbish, and all administrative and legal costs associated with collecting such fees and charges, in the event any person, firm or corporation, including any municipal corporation, shall fail or refuse to pay such fees and charges for collecting and disposing of garbage and/or rubbish; provided that such board of supervisors may initiate such a civil action to recover such delinquent fees and charges whether or not such county has previously entered into a contract with such individual, firm or corporation, including a municipal corporation, relating to the establishment, operation and maintenance of such garbage and/or rubbish disposal system or systems; provided, further, that in a civil action to recover such delinquent fees and charges for collecting and disposing of such garbage and/or rubbish, and all administrative and legal costs associated with collecting such fees and charges, the county shall in all respects be a proper party to such suit as plaintiff and shall have the power to sue for and recover such unpaid fees and charges and all administrative and legal costs associated with collecting such fees and charges, from any person, firm or corporation, including a municipal corporation, as may fail, refuse or default in the payment of such fees and charges.

HISTORY: Codes, 1942, § 2912.7; Laws, 1966, ch. 306, § 1; Laws, 1973, ch. 446, § 2; Laws, 1983, ch. 495; Laws, 1991, ch. 581, § 27; Laws, 1992, ch. 583 § 12, eff from and after passage (approved May 15, 1992).

Cross References —

Garbage disposal systems in counties having military camps therein, see §17-5-3.

Authority of county and municipal governments to enter into joint agreements for the operation and implementation of solid waste management, see §17-17-31.

Participation by counties in regional solid waste disposal and recovery systems, see §17-17-33.

Promotion of projects for treatment of solid and hazardous wastes, see §§17-17-101 et seq.

Billing system for collection of costs of operation of systems, see §19-5-18.

Means of defraying cost of establishing and operating system provided for in this section, see §19-5-21.

Authority of county to issue bonds to fund establishment of rubbish and garbage disposal systems, see §19-9-1.

Authority of municipality or board of supervisors to adopt ordinances relating to individual onsite wastewater disposal systems, see §41-67-15.

JUDICIAL DECISIONS

1. In general.

2. Application.

1. In general.

Property owners who generated garbage and disposed of it themselves on their own property remained under a legal obligation to pay the garbage disposal fees assessed by the county in which they resided. Rogers v. Oktibbeha County Bd. of Supervisors, 749 So. 2d 966, 1999 Miss. LEXIS 313 (Miss. 1999).

2. Application.

County could not characterize a debtor’s obligation for garbage collection services as an ad valorem tax under Miss. Code Ann. §19-5-21 because the county had not issued an order that indicated that the monthly collection payment was an ad valorem tax. The county had instead authorized the collection of a monthly fee, pursuant to Miss. Code Ann. §19-5-17, which was not subject to priority treatment as a bankruptcy claim under 11 U.S.C.S. § 507. In re Mitchell, 398 B.R. 557, 2008 Bankr. LEXIS 3123 (Bankr. N.D. Miss. 2008).

OPINIONS OF THE ATTORNEY GENERAL

Tax collector is not statutorily required to collect garbage fees imposed by board of supervisors but may by agreement with board of supervisors collect garbage fees for county garbage system established pursuant to this section. McLaurin, Oct. 21, 1992, A.G. Op. #92-0798.

If garbage fee is set pursuant to Section 19-5-17 rather than imposed as surcharge on ad valorem taxes under Section 19-5-21, tax collector is not statutorily required to collect garbage fees but may in his discretion collect them under authority given to board of supervisors to collect garbage fees. McLaurin, Nov. 4, 1992, A.G. Op. #92-0855.

County may, under current law, collect millage and fees to defray costs of operating solid waste collection and disposal system. Hemphill Nov. 3, 1993, A.G. Op. #93-0588.

Under Section 17-5-3, if a County is the home to either a national guard camp, in whole or in part, an army training camp, army air base or artillery range, then the County does possess the power of eminent domain to secure real property for the purpose of solid waste management; otherwise, it does not. See also Sections 19-5-17 and 17-5-5. Ainsworth, May 10, 1995, A.G. Op. #95-0118.

Under Section 19-5-17, money from the solid waste fund may be used to pay for work performed on solid waste equipment. If the work is performed by a county employee, the money should not be paid directly to the county worker, but should be paid to the general fund from which the county worker is paid. Hemphill, June 28, 1995, A.G. Op. #95-0296.

A garbage fee would be considered a tax and therefore not dischargeable in bankruptcy for each single family residential generator of garbage since the fee is mandatory and not consented to by the generator. See Sections 19-5-17 and 19-5-21(2). Walley, August 14, 1995, A.G. Op. #95-0323.

Any motor vehicle owned by a person who is delinquent in the payment of garbage fees is subject to distraint for non-payment of those fees; while payment of the fees is a prerequisite to the issuance of a car tag, if the tag is issued in error, it cannot be voided nor can the vehicle be subjected to distraint; however, the county may either sue the individual in justice court or place a lien on the individual’s property. Allen, January 30, 1998, A.G. Op. #97-0787.

Counties are empowered to file eminent domain proceedings for the public purpose of acquiring land for the county to establish a landfill; a county may thereafter lease, but may not sell, the land to an individual or private entity for the purpose of establishing and operating a landfill under the applicable statutes for the disposal of county property. Meadows, Feb. 25, 2000, A.G. Op. #2000-0087.

A county board of supervisors may not pick up and dispose of household rubbish within the municipal boundaries of a city without the consent of the municipality. Entrekin, Feb. 18, 2000, A.G. Op. #2000-0059.

A person may dispose of solid waste from his own household upon his own land only if he is a single-family generator and the county board of supervisors has so authorized; any person disposing of solid waste on his own land must nevertheless comply with all state and federal laws, rules and regulations governing such disposal. Caughman, March 10, 2000, A.G. Op. #99-0194.

A county may contract with a county cooperative service district to provide garbage disposal and to bill and collect the fees for the garbage service. The services may be performed for either an annual or monthly fee. Hudson, Oct. 8, 2004, A.G. Op. 04-0480.

Disallowing a property tax homestead exemption for failure to pay delinquent garbage bills constitutes an increase in taxes not authorized in statute, and therefore is prohibited by Miss. Code Ann. §19-3-40(2)(a). Burgoon, March 2, 2007, A.G. Op. #07-00060, 2007 Miss. AG LEXIS 86.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 398-403 et seq.

§ 19-5-18. Development of billing and collection system.

  1. To defray the cost of establishing, operating and maintaining the system provided for in Section 19-5-17, the board of supervisors may develop a system for the billing and/or the collection of any fees or charges imposed on each person furnished garbage and/or rubbish collection and/or disposal service by the county or at the expense of the county. The board of supervisors may designate, by resolution, a county official to collect the fees or charges. If the board of supervisors designates an elected county official to collect the fees or charges, the board of supervisors shall pay the reasonable costs incurred in collecting the fees or charges. The county official so designated shall notify the board of supervisors monthly of any unpaid fees or charges assessed under Section 19-5-21. The sheriff of the county, in accordance with the performance of his regular duties, shall assist in the collection of any delinquent fees or charges.
  2. The board of supervisors may enter into a contract upon mutual agreement with a public or private corporation, nonprofit corporation, planning and development district or a public agency, association, utility or utility district within the county and/or the area receiving garbage and/or rubbish collection and/or disposal services from the county for the purpose of developing, maintaining, operating and administering a system for the billing and/or collection of fees or charges imposed by the county for garbage and/or rubbish collection and/or disposal services. The entity with whom the board of supervisors contracts shall notify the board of supervisors monthly of any unpaid fees or charges assessed under Section 19-5-21. Any entity that contracts to provide a service to customers, within the area being served by the county’s garbage and/or rubbish collection and/or disposal system, may provide a list of its customers to the board of supervisors upon the request of the board.

HISTORY: Laws, 1991, ch. 581, § 29; Laws, 1994, ch. 624, § 3, eff from and after July 1, 1994.

OPINIONS OF THE ATTORNEY GENERAL

Collection procedure set forth in statute is available to county notwithstanding fact that county contracted with private company to handle billing. Sherard, July 13, 1993, A.G. Op. #93-0282.

The elected official who is designated pursuant to the statute makes the decisions regarding the collection of garbage fees, and the board of supervisors pays the additional reasonable costs. Shannon, December 18, 1998, A.G. Op. #98-0761.

When a county contracts its solid waste accounts out to a private individual for billing and collecting purposes, the accounts and all the information contained therein are the property of the county and not the person with whom it contracted. Doss, Apr. 12, 2002, A.G. Op. #02-0170.

A county may contract with a county cooperative service district to provide garbage disposal and to bill and collect the fees for the garbage service. The services may be performed for either an annual or monthly fee. Hudson, Oct. 8, 2004, A.G. Op. 04-0480.

If a board of supervisors designates, by resolution, the tax collector to collect and hold delinquent garbage collection charges and/or fees, the board shall pay any reasonable expenses incurred by the tax collector in collecting and securing those amounts, provided that the tax collector’s salary shall not be increased by any such payments. Dowdy, Mar. 11, 2005, A.G. Op. 05-0086.

§ 19-5-19. Authority of counties to grant tax exemptions for property surrounding certain public landfills; credit against services received from regional authority in amount of tax revenues lost.

  1. Any county which locates, develops, owns or operates a municipal solid waste management facility within the county, or any county within which is located or developed a municipal solid waste management facility that is part of a local nonhazardous solid waste management plan approved by the Commission on Environmental Quality in accordance with Section 17-17-227, on its own behalf or as a member of a regional authority, is authorized to grant a tax abatement or exception from ad valorem taxation in an amount not to exceed fifty percent (50%) of the tax amended and levied against the real property located directly adjacent and surrounding the site of such facility or such other property within are made of the site which is determined by the board of supervisors to be impacted by the location and operation of the site.
  2. Any county, which is a member of a regional authority, and which grants the tax exemption authorized herein for a municipal solid waste management facility site of the regional authority, shall receive a credit against services received from the regional authority in an amount commensurate with the tax revenue lost as a result of tax exemptions granted pursuant to this section.

HISTORY: Laws, 1992, ch. 583 § 17, eff from and after passage (approved May 15, 1992).

Editor’s Notes —

A former §19-5-19 (Codes, 1942, §§ 2912.7-01, 2912.7-04; Laws, 1971, ch. 370, §§ 1, 4; Repealed by Laws, 1991, ch. 581, § 34) provided additional authority for the establishment and operation of garbage and rubbish disposal. For similar provisions, see §§17-17-301 et seq.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 398-403 et seq.

§ 19-5-21. Levy of ad valorem taxes and surcharges for payment of costs of establishment and operation of garbage and rubbish disposal systems; borrowing in anticipation of surcharge levy; use of special funds.

    1. Except as provided in paragraphs (b), (c), (d) and (g) of this subsection, the board of supervisors, to defray the cost of establishing and operating the system provided for in Section 19-5-17, may levy an ad valorem tax not to exceed four (4) mills on all taxable property within the area served by the county garbage or rubbish collection or disposal system. The service area may be comprised of unincorporated or incorporated areas of the county or both; however, no property shall be subject to this levy unless that property is within an area served by a county’s garbage or rubbish collection or disposal system.
    2. The board of supervisors of any county wherein Mississippi Highways 35 and 16 intersect and having a land area of five hundred eighty-six (586) square miles may levy, in its discretion, for the purposes of establishing, operating and maintaining a garbage or rubbish collection or disposal system, an ad valorem tax not to exceed six (6) mills on all taxable property within the area served by the system as set out in paragraph (a) of this subsection.
    3. The board of supervisors of any county bordering on the Mississippi River and traversed by U.S. Highway 61, and which is intersected by Mississippi Highway 4, having a population of eleven thousand eight hundred fifty-four (11,854) according to the 1970 federal census, and having an assessed valuation of Fourteen Million Eight Hundred Seventy-two Thousand One Hundred Forty-four Dollars ($14,872,144.00) in 1970, may levy, in its discretion, for the purposes of establishing, operating and maintaining a garbage or rubbish collection or disposal system, an ad valorem tax not to exceed six (6) mills on all taxable property within the area served by the system as set out in paragraph (a) of this subsection.
    4. The board of supervisors of any county having a population in excess of two hundred fifty thousand (250,000), according to the latest federal decennial census, and in which Interstate Highway 55 and Interstate Highway 20 intersect, may levy, in its discretion, for the purposes of establishing, operating and maintaining a garbage or rubbish collection or disposal system, an ad valorem tax not to exceed seven (7) mills on all taxable property within the area served by the system as set out in paragraph (a) of this subsection.
    5. The proceeds derived from any additional millage levied pursuant to paragraphs (a) through (d) of this subsection in excess of two (2) mills shall be excluded from the ten percent (10%) increase limitation under Section 27-39-321 for the first year of such additional levy and shall be included within such limitation in any year thereafter. The proceeds from any millage levied pursuant to paragraph (g) shall be excluded from the ten percent (10%) increase limitation under Section 27-39-321 for the first year of the levy and shall be included within the limitation in any year thereafter.
    6. The rate of the ad valorem tax levied under this section shall be shown as a line item on the notice of ad valorem taxes on taxable property owed by the taxpayer.
    7. In lieu of the ad valorem tax authorized in paragraphs (a), (b), (c) and (d) of this subsection, the fees authorized in subsection (2) of this subsection and in Section 19-5-17 or any combination thereof, the board of supervisors may levy an ad valorem tax not to exceed six (6) mills to defray the cost of establishing and operating the system provided for in Section 19-5-17 on all taxable property within the area served by the system as provided in paragraph (a) of this subsection.

      Any board of supervisors levying the ad valorem tax authorized in this paragraph (g) is prohibited from assessing or collecting fees for the services provided under the system.

  1. In addition to the ad valorem taxes authorized in paragraphs (a), (b) and (c) of subsection (1) or in lieu of any other method authorized to defray the cost of establishing and operating the system provided for in Section 19-5-17, the board of supervisors of any county with a garbage or rubbish collection or disposal system may assess and collect fees to defray the costs of the services. The board of supervisors may assess and collect the fees from each single family residential generator of garbage or rubbish. The board of supervisors also may assess and collect the fees from each industrial, commercial and multifamily residential generator of garbage or rubbish for any time period that the generator has not contracted for the collection of garbage and rubbish that is ultimately disposed of at a permitted or authorized nonhazardous solid waste management facility. The fees assessed and collected under this subsection may not exceed, when added to the proceeds derived from any ad valorem tax imposed under this section and any special funds authorized under subsection (7), the actual costs estimated to be incurred by the county in operating the county garbage and rubbish collection and disposal system. In addition to such fees, an additional amount not to exceed up to One Dollar ($1.00) or ten percent (10%) per month, whichever is greater, on the current monthly bill may be assessed and collected on the balance of any delinquent monthly fees.
    1. Before the adoption of any order to increase the ad valorem tax assessment or fees authorized by this section, the board of supervisors shall publish a notice advertising their intent to adopt an order to increase the ad valorem tax assessment or fees authorized by this section. The notice shall specify the purpose of the proposed increase, the proposed percentage increase and the proposed percentage increase in total revenues for garbage or rubbish collection or disposal services or shall contain a copy of the resolution by the board stating their intent to increase the ad valorem tax assessment or fees. The notice shall be published in a newspaper published or having general circulation in the county for no less than three (3) consecutive weeks before the adoption of the order. The notice shall be in print no less than the size of eighteen (18) point and shall be surrounded by a one-fourth (1/4) inch black border. The notice shall not be placed in the legal section notice of the newspaper. There shall be no language in the notice stating or implying a mandate from the Legislature.
    2. In addition to the requirement for publication of notice, the board of supervisors shall notify each person furnished garbage or rubbish collection or disposal service of any increase in the ad valorem tax assessment or fees. In the case of an increase of the ad valorem tax assessment, a notice shall be conspicuously placed on or attached to the first ad valorem tax bill on which the increased assessment is effective. In the case of an increase in fees, a notice shall be conspicuously placed on or attached to the first bill for fees on which the increased fees or charges are assessed. There shall be no language in any notice stating or implying a mandate from the Legislature.
  2. The board of supervisors of each county shall adopt an order determining whether or not to grant exemptions, either full or partial, from the fees for certain classes of generators of garbage or rubbish. If a board of supervisors grants any exemption, it shall do so in accordance with policies and procedures, duly adopted and entered on its minutes, that clearly define those classes of generators to whom the exemptions are applicable. The order granting exemptions shall be interpreted consistently by the board when determining whether to grant or withhold requested exemptions.
    1. The board of supervisors in any county with a garbage or rubbish collection or disposal system only for residents in unincorporated areas may adopt an order authorizing any single family generator to elect not to use the county garbage or rubbish collection or disposal system. If the board of supervisors adopts an order, the head of any single family residential generator may elect not to use the county garbage or rubbish collection or disposal service by filing with the chancery clerk the form provided for in this subsection before December 1 of each year. The board of supervisors shall develop a form that shall be available in the office of the chancery clerk for the head of household to elect not to use the service and to accept full responsibility for the disposal of his garbage or rubbish in accordance with state and federal laws and regulations. The board of supervisors, following consultation with the Department of Environmental Quality, shall develop and the chancery clerk shall provide a form to each person electing not to use the service describing penalties under state and federal law and regulations for improper or unauthorized management of garbage. Notice that the election may be made not to use the county service by filing the form with the chancery clerk’s office shall be published in a newspaper published or having general circulation in the county for no less than three (3) consecutive weeks, with the first publication being made no sooner than five (5) weeks before the first day of December. The notice shall state that any single family residential generator may elect not to use the county garbage or rubbish collection or disposal service by the completion and filing of the form for that purpose with the chancery clerk’s office before December 1 of that year. The notice shall also include a statement that any single family residential generator who does not timely file the form shall be assessed any fees levied to cover the cost of the county garbage or rubbish collection or disposal service. The chancery clerk shall maintain a list showing the name and address of each person who has filed a notice of intent not to use the county garbage or rubbish collection or disposal service.
    2. If the homestead property of a person lies partially within the unincorporated service area of a county and partially within the incorporated service area of a municipality and both the municipality and the county provide garbage collection and disposal service to that person, then the person may elect to use either garbage collection and disposal service. The person shall notify the clerk of the governing authority of the local government whose garbage collection and disposal service he elects not to use of his decision not to use such services by certified mail, return receipt requested. The person shall not be liable for any fees or charges from the service he elects not to use.
  3. The board may borrow money for the purposes of defraying the expenses of the system in anticipation of:
    1. The tax levy authorized under this section;
    2. Revenues resulting from the assessment of any fees for garbage or rubbish collection or disposal; or
    3. Any combination thereof.
  4. In addition to the fees or ad valorem millage authorized under this section, a board of supervisors may use monies from any special funds of the county that are not otherwise required by law to be dedicated for use for a particular purpose in order to defray the costs of the county garbage or rubbish collection or disposal system.

HISTORY: Codes, 1942, § 2912.7-02; Laws, 1971, ch. 370, § 2; Laws, 1972, ch. 368, § 1; Laws, 1973, ch. 355, § 1; Laws, 1987, ch. 507, § 14; Laws, 1990, ch. 563, § 1; Laws, 1991, ch. 581, § 28; Laws, 1992, ch. 583 § 13; Laws, 1994, ch. 624, § 4; Laws, 1996, ch. 536, § 1; Laws, 1999, ch. 473, § 1; Laws, 2004, ch. 529, § 1; Laws, 2017, ch. 410, § 1, eff from and after passage (approved Apr. 6, 2017).

Amendment Notes —

The 2004 amendment added (5)(b).

The 2017 amendment, effective April 6, 2017, added the last sentence of (2).

Cross References —

Authority of county and municipal governments to enter into joint agreements for the operation and implementation of solid waste management, see §17-17-31.

Promotion of projects for treatment of solid and hazardous wastes, see §§17-17-101 et seq.

Issuance of bonds for establishment of rubbish and garbage disposal systems, see §19-19-1.

JUDICIAL DECISIONS

1. Application.

County could not characterize a debtor’s obligation for garbage collection services as an ad valorem tax under Miss. Code Ann. §19-5-21 because the county had not issued an order that indicated that the monthly collection payment was an ad valorem tax. The county had instead authorized the collection of a monthly fee, pursuant to Miss. Code Ann. §19-5-17, which was not subject to priority treatment as a bankruptcy claim under 11 U.S.C.S. § 507. In re Mitchell, 398 B.R. 557, 2008 Bankr. LEXIS 3123 (Bankr. N.D. Miss. 2008).

OPINIONS OF THE ATTORNEY GENERAL

County may contract with third party for billing and collection of garbage fees which are then promptly settled to county. Dyson, August 12, 1992, A.G. Op. #92-0608.

County board of supervisors may provide for and levy rates, fees and charges for garbage collection and may make provisions for exemptions of certain classes of users provided it can do so in manner consistent with requirements of equal protection, due process and other constitutional mandates. Smith, August 26, 1992, A.G. Op. #92-0575.

Surcharge on amount of ad valorem tax to fund garbage collection system should be collected as other property taxes are collected; rate of such surcharge is to be shown as line item on notice of ad valorem taxes on taxable property owed by the taxpayer. McLaurin, Oct. 21, 1992, A.G. Op. #92-0798.

If garbage fee is surcharge on ad valorem taxes imposed pursuant to Section 19-5-21(2) rather than fee set under Section 19-5-17, tax collector has statutory duty to collect surcharge. McLaurin, Nov. 4, 1992, A.G. Op. #92-0855.

County may, under current law, collect millage and fees to defray costs of operating solid waste collection and disposal system. Hemphill Nov. 3, 1993, A.G. Op. #93-0588.

There is no language in Section 19-5-21(2) that suggests surcharge must be levied by board of supervisors as matter of law; county could in exercise of its discretion levy surcharge, but it was not required to do so. Kilpatrick, Feb. 24, 1994, A.G. Op. #94-0012.

A garbage fee would not be a tax for each industrial, commercial and multi-family residential generator of garbage that has otherwise contracted for the collection of garbage since the fees would be imposed with the consent or voluntary action of those generators. See Sections 19-5-17 and 19-5-21(2). Walley, August 14, 1995, A.G. Op. #95-0323.

Severance taxes may not be used pursuant to Section 19-5-21(7) to defray the costs of the county garbage or rubbish collection or disposal system. Haque, August 2, 1996, A.G. Op. #96-0455.

Under Section 19-5-21(7), no funds that are otherwise dedicated for a particular purpose may be expended by the county for costs associated with the garbage or rubbish collection or disposal system. Haque, August 2, 1996, A.G. Op. #96-0455.

Any motor vehicle owned by a person who is delinquent in the payment of garbage fees is subject to distraint for non-payment of those fees; while payment of the fees is a prerequisite to the issuance of a car tag, if the tag is issued in error, it cannot be voided nor can the vehicle be subjected to distraint; however, the county may either sue the individual in justice court or place a lien on the individual’s property. Allen, January 30, 1998, A.G. Op. #97-0787.

A county board of supervisors may, at any time during the fiscal year, amend its order setting solid waste fees and offer full or partial exemptions under subsection (4) of this section, although such amendment will only be prospective in effect. Barry, July 2, 1999, A.G. Op. #99-0330.

If a county board of supervisors elects to levy ad valorem taxes pursuant to subsection (1)(g), the board may not grant partial or full exemption on certain classes of property that would otherwise be subject to the levy. Golding, April 21, 2000, A.G. Op. #2000-0213.

A person may dispose of solid waste from his own household upon his own land only if he is a single-family generator and the county board of supervisors has so authorized; any person disposing of solid waste on his own land must nevertheless comply with all state and federal laws, rules and regulations governing such disposal. Caughman, March 10, 2000, A.G. Op. #99-0194.

A county may utilize a combination of generator fees, charges, or ad valorem assessment not to exceed four mills to defray the cost of providing garbage services or, in lieu of any other fees or taxes, a county may charge an amount not to exceed six mills; however, in no case may a county through any combination of taxes, fees, and special funds exceed the actual costs estimated to operate the county garbage and rubbish collection and disposal system. Andrews, Aug. 31, 2001, A.G. Op. #01-0531.

A county in its discretion may grant an exemption from garbage fees for schools, community hospitals, and other classes of generators. Johnson, Oct. 29, 2001, A.G. Op. #01-0555.

There was no authority for the county to use solid waste disposal funds to defray the cost of a proposed E-911 Geographic Information Services System. Shepard, Mar. 29, 2002, A.G. Op. #02-0135.

Subsection (4) of this section clearly provides authority for a board of supervisors to determine whether to grant exemptions from garbage or rubbish collection fees. A prior opinion (Rutledge (Aug. 6, 2002) was based upon Section 21-27-27, which prohibits municipal governing authorities from providing free or discounted municipal services except to listed entities; the applicability of that opinion is limited to municipalities. Barry, July 25, 2003, A.G. Op. 03-0369.

The language of this section clearly provides authority for a board of supervisors to determine whether to grant exemptions from garbage or rubbish collection fees for certain classes of generators, including individuals over the age of 65. Lowery, Mar. 19, 2004, A.G. Op. 04-0109.

If a county levies up to 4 mills for garbage collection pursuant to subdivision (1)(a) of this section, then it may use the authority granted under subsection (4) of the section to exempt certain properties that do not generate garbage or pay for private garbage services such as farmland, commercial and/or industrial property. Hudson, Aug. 6, 2004, A.G. Op. 04-0343.

A county board of supervisors may have the authority to grant exemptions from garbage collection fees for for churches, so long as the requirements of the statute are met. Creekmore, Oct. 21, 2005, A.G. Op. 05-0505.

RESEARCH REFERENCES

Am. Jur.

71 Am. Jur. 2d, State and Local Taxation § 48.

§ 19-5-22. Assessment of fees and charges; joint and several liability of generator and property owner; notice; liens; discharge of liens; levy of garbage fees as special assessment against property in lieu of lien.

  1. Fees for garbage or rubbish collection or disposal shall be assessed jointly and severally against the generator of the garbage or rubbish and against the owner of the property furnished the service. In addition to such fees, an additional amount not to exceed up to One Dollar ($1.00) or ten percent (10%) per month, whichever is greater, on the current monthly bill may be assessed on the balance of any delinquent monthly fees. Any person who pays, as a part of a rental or lease agreement, an amount for garbage or rubbish collection or disposal services shall not be held liable upon the failure of the property owner to pay those fees.
  2. Every generator assessed the fees authorized by Section 19-5-21 and the owner of the property occupied by that generator shall be jointly and severally liable for the fees. The fees shall be a lien upon the real property offered garbage or rubbish collection or disposal service.

    The board of supervisors may assess the fees annually. If the fees are assessed annually, the fees for each calendar year shall be a lien upon the real property beginning on January 1 of the next immediately succeeding calendar year. The person or entity owing the fees, upon signing a form provided by the board of supervisors, may pay the fees in equal installments.

    If fees are assessed on a basis other than annually, the fees shall become a lien on the real property offered the service on the date that the fees become due and payable.

    No real or personal property shall be sold to satisfy any lien imposed under this subsection (2).

    The county shall mail a notice of the lien, including the amount of unpaid fees and a description of the property subject to the lien, to the owner of the property.

  3. Liens created under subsection (2) may be discharged by filing with the circuit clerk a receipt or acknowledgement, signed by the designated county official or billing and collection entity, that the lien has been paid or discharged.
    1. The board of supervisors may notify the tax collector of any unpaid fees assessed under Section 19-5-21 within ninety (90) days after the fees are due. Before notifying the tax collector, the board of supervisors shall provide notice of the delinquency to the person who owes the delinquent fees and shall afford an opportunity for a hearing, that complies with the due process protections the board deems necessary, consistent with the Constitutions of the United States and the State of Mississippi. The board of supervisors shall establish procedures for the manner in which notice shall be given and the contents of the notice; however, each notice shall include the amount of fees and shall prescribe the procedure required for payment of the delinquent fees. The board of supervisors may designate a disinterested individual to serve as hearing officer.
    2. Upon receipt of a delinquency notice, the tax collector shall not issue or renew a motor vehicle road and bridge privilege license for any motor vehicle owned by a person who is delinquent in the payment of fees unless those fees in addition to any other taxes or fees assessed against the motor vehicle are paid. Payment of all delinquent garbage fees shall be deemed a condition of receiving a motor vehicle road and privilege license tag.
    3. The tax collector may forward the motor vehicle road and privilege license tag renewal notices to the designated county official or entity that is responsible for the billing and collection of the county garbage fees. The designated county official or the billing and collection entity shall identify those license tags that shall not be issued due to delinquent garbage fees. The designated county official or the billing and collection entity shall stamp a message on the license tag renewal notices that the tag will not be renewed until delinquent garbage fees are paid. The designated county official or the billing and collection entity shall return the license tag notices to the tax collector before the first of the month.
    4. Any appeal from a decision of the board of supervisors under this section regarding payment of delinquent garbage fees may be taken as provided in Section 11-51-75.
  4. The board of supervisors may levy the garbage fees as a special assessment against the property in lieu of the lien authorized in this section. The board of supervisors shall certify to the tax collector the assessment due from the owner of the property. The tax collector shall enter the assessment upon the annual tax roll of the county and shall collect the assessment at the same time he collects the county ad valorem taxes on the property.

    No real or personal property shall be sold to satisfy any assessment imposed under this subsection (5).

HISTORY: Laws, 1994, ch. 624, § 5; Laws, 1996, ch. 536, § 2; Laws, 1997, ch. 423, § 1; Laws, 2008, ch. 441, § 1; Laws, 2009, ch. 421, § 1; Laws, 2017, ch. 410, § 2, eff from and after passage (approved Apr. 6, 2017).

Amendment Notes —

The 2008 amendment added (5).

The 2009 amendment in (5), deleted “If the property owner is a nonresident of the county” from the beginning and added the last paragraph.

The 2017 amendment, effective April 6, 2017, added the second sentence of (1).

JUDICIAL DECISIONS

1. Application.

Chancellor did not err in granting partial summary judgment to the county in dismissing the property owner’s claims under Miss. Code Ann. §19-5-22 and 42 U.S.C.S. § 1983 because the initial requirement for either a procedural or substantive due process claim was proving the plaintiff had been deprived by the government of a liberty or property interest; otherwise, no right to due process could accrue. The property owner failed to prove injury to himself since it was the property owner’s tenant, and not the property owner, who the lien was against. LaCroix v. Marshall County Bd. of Supervisors, 28 So.3d 650, 2009 Miss. App. LEXIS 537 (Miss. Ct. App. 2009), cert. denied, 27 So.3d 404, 2010 Miss. LEXIS 90 (Miss. 2010).

County could not impose a lien on a debtor’s property after the debtor failed to pay fees for garbage collection. because the county had not issued an order or an amended order to provide the county with the means to appropriately enforce the lien provision found in Miss. Code Ann. §19-5-22. In re Mitchell, 398 B.R. 557, 2008 Bankr. LEXIS 3123 (Bankr. N.D. Miss. 2008).

OPINIONS OF THE ATTORNEY GENERAL

Under Section 19-5-22(3), the county may suspend the ability of a waste generator to obtain an automobile license plate during the pendency of a bankruptcy. Walley, August 14, 1995, A.G. Op. #95-0323.

Hearing may be held under this section to establish if garbage service was in fact provided to a person owing delinquent garbage fees and, based on the outcome of the hearing, if the individual should be removed from the delinquent list and have garbage service arranged. Barrett, Aug. 8, 1997, A.G. Op. #97-0474.

A property owner is jointly and severally liable with the delinquent renter for the payment of garbage fees on property and, further, if the fees are not paid, the tax collector, after notice and hearing, may withhold the owner’s motor vehicle tag until payment, and the renter may also be held liable as long as he does not pay; a “generator” responsible with the owner for garbage fees includes all persons residing at an address for which garbage collection is provided and, if fees are delinquent, any person residing therein may, after notice and hearing, be deprived of his tag until the fees are paid. Robinson, January 30, 1998, A.G. Op. #98-0045.

Any motor vehicle owned by a person who is delinquent in the payment of garbage fees is subject to distraint for non-payment of those fees; while payment of the fees is a prerequisite to the issuance of a car tag, if the tag is issued in error, it cannot be voided nor can the vehicle be subjected to distraint; however, the county may either sue the individual in justice court or place a lien on the individual’s property. Allen, January 30, 1998, A.G. Op. #97-0787.

The statute authorizes a lien for the nonpayment of garbage fees, and these fees become a lien on the property by operation of law, meaning that a court order is not necessary; the chancery clerk should record these liens in a separate book and treat them in the same manner as special assessments are handled. Prichard, July 10, 1998, A.G. Op. #98-0386.

A property owner is liable for the payment of delinquent garbage fees even if the generator lives on the property without paying rent, unless otherwise exempted. Robinson, April 2, 1999, A.G. Op. #99-0135.

Board of supervisors may not place an annual assessment for garbage or rubbish fees on ad valorem tax statements. Smith, June 20, 2003, A.G. Op. 03-0258.

In the case of the death of a property owner, the county should attempt to collect any delinquent fees from the generator if the generator does not pay a garbage fee as part of the lease agreement. Collection attempts would include withholding a motor vehicle road and bridge privilege license if garbage fees remain delinquent. However, if garbage fees are part of the lease agreement, then the county must attempt to collect those fees from the property owner’s estate. Hemphill, Apr. 16, 2004, A.G. Op. 04-0146.

A county cannot enter into a written agreement with any person delinquent in their garbage fees to accept a partial payment up front and then the remainder in installments in exchange for releasing the hold on the motor vehicle tag. Hemphill, July 16, 2004, A.G. Op. 04-0269.

In addition to accepting payment of non-delinquent garbage fees by installment, the county may accept payment of delinquent garbage fees in installments. Hemphill, July 16, 2004, A.G. Op. 04-0269.

Due to the mandatory language in subdivision (4)(b) of this section, a county cannot allow a motor vehicle tag to be issued to the owner until all delinquent solid waste fees are paid. Therefore, the statute does not permit the county to issue the motor vehicle tag while the owner pays the delinquent fees in installments. Additionally, however, pursuant to subdivision (4)(a), the board of Supervisors may, but are not required to, notify the tax collector of any unpaid fees assessed under §19-5-21. Ray, Sept. 3, 2004, A.G. Op. 04-0430. And see Hemphill, July 16, 2004, A.G. Op. 04-0269.

Subsection (2) of this section does not prohibit the garnishment of wages. Abraham, Sept. 10, 2004, A.G. Op. 04-0418.

If a board of supervisors follows the procedure prescribed by this section, the tax collector must refuse the sale of a tag until all assessed fees are paid. Jeanes, Sept. 24, 2004, A.G. Op. 04-0463.

A county may contract with a county cooperative service district to provide garbage disposal and to bill and collect the fees for the garbage service. The services may be performed for either an annual or monthly fee. Hudson, Oct. 8, 2004, A.G. Op. 04-0480.

Acceptance of delinquent garbage fees is not a statutorily prescribed duty of a tax collector. Dowdy, Mar. 11, 2005, A.G. Op. 05-0086.

While a housing authority would clearly be exempt from a property tax for garbage collection, no authority can be found exempting housing authorities, or other public entities, from the payment of a fee imposed by the county to cover the cost of garbage collection. Turnage, June 2, 2006, A.G. Op. 06-0178.

A housing authority’s failure to pay garbage fees results in a “lien” upon the property pursuant to Section 19-5-22(2), but it does not actually encumber the property such that the property could be sold to satisfy the lien. Rather, Section 19-5-22(4) prohibits the tax collector, upon receipt of a delinquency notice from the Board, from issuing a car tag to a vehicle owner who is delinquent in the payment of these fees, and, therefore, the county may refuse to issue a car tag to the authority. Turnage, June 2, 2006, A.G. Op. 06-0178.

A county may institute legal proceedings against housing authority (and possibly the tenants) to collect garbage fees, in addition to implementing any other administrative procedures established by the county under Section 19-5-22(4). Turnage, June 2, 2006, A.G. Op. 06-0178.

The attorney for the board of supervisors is not eligible to be appointed as garbage court judge for the county. Shepard, June 19, 2006, A.G. Op. 06-0245.

Disallowing a property tax homestead exemption for failure to pay delinquent garbage bills constitutes an increase in taxes not authorized in statute, and therefore is prohibited by Miss. Code Ann. §19-3-40(2)(a). Burgoon, March 2, 2007, A.G. Op. #07-00060, 2007 Miss. AG LEXIS 86.

§ 19-5-23. Notice of tax levy; protest; election.

The tax levy authorized by Section 19-5-21 shall not be imposed until the board of supervisors shall have published notice of its intention to levy same. Said notice shall be published once each week for three (3) consecutive weeks in some newspaper having a general circulation in such county, but not less than twenty-one (21) days, nor more than sixty (60) days, intervening between the time of the first notice and the meeting at which said board proposes to levy such tax. If, within the time of giving notice, twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the district affected shall protest or file a petition against the levy of such tax, then such tax shall not be levied unless authorized by a majority of the qualified electors of such district voting at an election to be called and held for that purpose. The notice provided for herein shall only be required prior to the initial levy except when the board of supervisors intends to increase the levy over the amount shown in the initial notice.

HISTORY: Codes, 1942, § 2912.7-03; Laws, 1971, ch. 370, § 3; Laws, 1976, ch. 367, eff from and after passage (approved April 23, 1976).

Cross References —

Authority of county and municipal governments to enter into joint agreements for the operation and implementation of solid waste management, see §17-17-31.

Promotion of projects for treatment of solid and hazardous wastes, see §§17-17-101 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Since proposed district excludes municipalities, citizens whose domicile is within municipality could not be “qualified electors of the district”; therefore, county residents who reside within incorporated municipality may not participate in election. Jones, August 9, 1990, A.G. Op. #90-0581.

RESEARCH REFERENCES

ALR.

Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.

§ 19-5-25. Reimbursement of tax levies.

The levies made under Section 19-5-21 shall not be reimbursed under the Homestead Exemption Law of 1946, being Sections 37-57-3 and 37-57-35, Mississippi Code of 1972, and any other statute authorizing the levy of taxes for the support of schools.

HISTORY: Codes, 1942, § 2912.7-06; Laws, 1971, ch. 370, § 6, eff from and after passage (approved March 16, 1971).

Editor’s Notes —

Section 37-57-3 referred to in this section was repealed by Laws of 1986, ch. 492, § 189, eff from and after July 1, 1987.

Section 37-57-35 referred to in this section was repealed by Laws of 1983, ch. 471, § 28, eff from and after July 1, 1983.

Cross References —

Authority of county and municipal governments to enter into joint agreements for the operation and implementation of solid waste management, see §17-17-31.

§ 19-5-27. Supplementary method for garbage and rubbish removal.

Sections 19-5-18 through 19-5-27 provide counties a supplementary method for handling garbage and rubbish removal. These sections do not amend or repeal Section 19-5-17, Sections 17-5-3 through 17-5-11, or any other law relating to the subject, including any special or local law which may have been enacted or which may hereafter be enacted by the Legislature regarding payment of costs for garbage or rubbish removal or collection of delinquent fees assessed for garbage or rubbish removal.

HISTORY: Codes, 1942, § 2912.7-05; Laws, 1971, ch. 370, § 5; Laws, 1997, ch. 423, § 2, eff from and after passage (approved March 24, 1997).

Cross References —

Authority of county and municipal governments to enter into joint agreements for the operation and implementation of solid waste management, see §17-17-31.

§ 19-5-29. Payment for laying certain water mains.

The boards of supervisors of the several counties of this state may, in their discretion, pay such part of the cost of labor and material for laying water mains from municipal water systems along the highways outside the corporate limits of such municipalities, not exceeding a distance of five miles, as in their discretion, may be to the public interest of their respective counties. Such expenditure on the part of a board of supervisors shall not exceed one-half of the entire total cost of labor and material for laying such water main.

However, no part of said expense is to be borne by any board of supervisors unless there is situate on the route of such proposed water main one or more county schools.

HISTORY: Codes, 1930, § 289; 1942, § 2993; Laws, 1926, ch. 203.

Cross References —

Payment for relocation of water lines, see §19-5-30.

Power of municipality to establish waterworks, see §21-27-7.

§ 19-5-30. Payment for relocating water lines.

The board of supervisors of any county in this state is hereby authorized and empowered, in its discretion, to render any assistance deemed necessary in order to defray the cost of the relocation of a water line operated within the county by a local water association when such relocation is required for the development of a public road or other county improvement. Such assistance may be rendered by the board upon a finding that such would be in the best interest of the county.

HISTORY: Laws, 1985, ch. 313, eff from and after passage (approved March 8, 1985).

OPINIONS OF THE ATTORNEY GENERAL

A “public road” for the purposes of Section 19-5-30 includes state highways. Therefore the board of supervisors may, upon a finding, consistent with fact and placed upon the minutes, that such assistance would be in the best interest of the county, act as the recipient of CDBG grant funds to be used to defray the water district’s costs of relocating water lines necessitated by state highway construction in the county. Chamberlin, November 17, 1995, A.G. Op. #95-0697.

§ 19-5-31. Golden Age Nursing Homes; establishment and operation.

The board of supervisors of each county in the state, acting alone or in conjunction with boards of supervisors of an adjoining county or counties, shall have the power and jurisdiction necessary and proper to provide for the relief and support of the aged bona fide residents of said county or counties, of good moral character and over sixty-five years of age, and, to that end, may purchase the necessary lands for the establishment of a Golden Age Nursing Home in said county or counties, and may employ suitable persons to control and operate same and to see that such aged persons are properly treated, and may provide physicians and nurses in such cases as it may deem proper, and purchase the necessary medicines and medical supplies and pay for all of same out of the general fund of said county or counties, or out of any funds ensuing from any levy made by such board of supervisors for the support and maintenance of such institutions.

The board of supervisors of said county or counties may prescribe such rules and regulations as it may deem expedient and necessary for the operation and maintenance of said county nursing home, and may employ any person as superintendent or other employees that may be required and necessary in the operation of such institution.

HISTORY: Codes, 1942, §§ 2998.7-01, 2998.7-04; Laws, 1962, ch. 403, §§ 1, 4, eff from and after passage (approved June 1, 1962).

Cross References —

Authority of county to match federal funds for old age assistance, see §43-9-47.

OPINIONS OF THE ATTORNEY GENERAL

A board of supervisors may sell a golden age home and the land on which it is situated by a lease/purchase sale, conditioned upon the new owner continuing to operate it as a golden age home. Further, a board of supervisors may sell a golden age home and the land on which it is situated by a lease/purchase sale with no requirement that the home be operated as a golden age home if some provision is made for the county’s destitute aged citizens. Shepard, Aug. 23, 2004, A.G. Op. 04-0322.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions § 189.

§ 19-5-33. Golden Age Nursing Homes; land, buildings and equipment for institution.

The board of supervisors of such county or counties may purchase in the name of such county or counties such lands as may be necessary for such institution, or may use such lands available which already belong to the board of supervisors, and may have such buildings erected thereon and equipment installed therein as may be necessary, after advertising therefor as the law directs.

HISTORY: Codes, 1942, § 2998.7-02; Laws, 1962, ch. 403, § 2, eff from and after passage (approved June 1, 1962).

Cross References —

Requirement that plaques on buildings financed with funds of state or political subdivision acknowledge contribution of taxpayers, see §29-5-151.

OPINIONS OF THE ATTORNEY GENERAL

There is no statute that specifically authorizes the Commercial Mobile Radio Service Board to retain all of the interest levied and collected from late remitting providers (the late charge) and use any or all of it to carry out any or all of its powers and duties as provided in Section 19-5-333 (2) as it deems appropriate. Easterling, Aug. 19, 2005, A.G. Op. 05-0412.

Interest levied on late-remitting providers should be deposited into the commercial mobile radio service fund and distributed pursuant to Section 19-5-333 (2)(c)(i). Sandifer, Aug. 19, 2005, A.G. Op. 05-0412.

§ 19-5-35. Golden Age Nursing Homes; combined institution for care of county paupers and destitute aged.

The board of supervisors of such county or counties may, when deemed proper, combine and use any property now being used for county homes and use such property hereafter as a combined institution to take care of the county paupers and the destitute aged provided for in Section 19-5-31 through 19-5-39, in which event the Golden Age Home may take care of all such persons.

HISTORY: Codes, 1942, § 2998.7-03; Laws, 1962, ch. 403, § 3, eff from and after passage (approved June 1, 1962).

OPINIONS OF THE ATTORNEY GENERAL

A county has a duty to provide for it’s destitute aged citizens. Shepard, Aug. 23, 2004, A.G. Op. 04-0322.

§ 19-5-37. Golden Age Nursing Homes; funds for support and maintenance.

The board of supervisors of such county or counties may, in its discretion, set aside, appropriate and expend moneys from the general fund for the support and maintenance of such nursing homes.

HISTORY: Codes, 1942, § 2998.7-05; Laws, 1962, ch. 403, § 5; Laws, 1986, ch. 400, § 5, eff from and after October 1, 1986.

Cross References —

Levy of special tax for erection of county buildings, see §19-9-93.

RESEARCH REFERENCES

Am. Jur.

71 Am. Jur. 2d, State and Local Taxation §§ 48, 50.

§ 19-5-39. Golden Age Nursing Homes; issuance of bonds.

The board of supervisors of any county or counties coming within the provisions of Section 19-5-31 through 19-5-39 may issue and sell its full faith and credit bonds as otherwise provided by law to secure funds with which to construct and equip such Golden Age Nursing Homes.

HISTORY: Codes, 1942, § 2998.7-06; Laws, 1962, ch. 403, § 6, eff from and after passage (approved June 1, 1962).

Cross References —

Issuance of county bonds and notes generally, see §§19-9-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Private nonprofit museums are allowable objects of county donations. Trapp, March 6, 1998, A.G. Op. #98-0123.

RESEARCH REFERENCES

CJS.

20 C.J.S., Counties §§ 411-429.

§ 19-5-41. Creation of county hospital building commission in certain counties.

The board of supervisors of any county in the state having a population of more than one hundred thousand, according to the federal census of 1950, is authorized to create a county hospital building commission with authority to advise and assist such board of supervisors in all phases of the establishment of a county hospital, including, but not limited to, land acquisition, and the planning, constructing and staffing of such hospital.

The commission herein authorized shall consist of not more than seven members, one of whom shall be from each of the supervisors districts in such county, and two of whom shall be selected from the county at large, and the board of supervisors may pay to each of the members of said commission the sum of Twenty Dollars ($20.00) per day while attending to the duties in connection with the work of the commission.

HISTORY: Codes, 1942, § 3002.7; Laws, 1962, ch. 243, §§ 1-3, eff from and after passage (approved May 2, 1962).

§ 19-5-43. Temporary care and maintenance of individuals with mental illness who are unable to pay for care.

The boards of supervisors in their respective counties shall temporarily provide for the care and maintenance of any person alleged to have mental illness when the person has no means of paying that expense, pending an investigation into the mental status of the person alleged to have mental illness before the chancery clerk of the county, and provide for the care and maintenance of those persons by the sheriff of their respective counties after being adjudged as a person with mental illness by the properly constituted authority, when there is no room in one (1) of the state psychiatric hospitals or institutions for the person with mental illness. The boards shall cause all reasonable and proper allowance for that care and maintenance to be paid out of the county treasury.

HISTORY: Codes, 1906, § 308; Hemingway’s 1917, § 3681; 1930, § 238; 1942, § 2916; Laws, 2008, ch. 442, § 8, eff from and after July 1, 2008.

Amendment Notes —

The 2008 amendment rewrote the section to replace references to “person alleged to be insane” with “person alleged to have mental illness” and to remove references to “pauper” throughout; and replaced “state mental institutions” with “state psychiatric hospitals” near the end of the next-to-last sentence.

Cross References —

Use of Golden Age Nursing Homes for care of county paupers, see §19-5-35.

Paupers generally, see §§43-31-1 et seq.

Duty of member of board of supervisors to examine into pauper’s right to support, see §43-31-21.

§ 19-5-45. Construction of sheltered workshop for employment of handicapped.

Any county within the State of Mississippi wherein the railroads known as the Illinois Central and the Mississippi Central intersect, and any county with a population of not less than twenty-one thousand nor more than twenty-one thousand five hundred and with an assessed valuation in excess of Sixteen Million Dollars ($16,000,000.00), and in which State Highway 35 and State Highway 12 intersect, is hereby authorized and empowered to issue the negotiable bonds or certificates of indebtedness of said county for the purpose of constructing an industrial building to be used as a sheltered workshop for the employment of handicapped people, and said county is hereby authorized to retain two mills of the state ad valorem tax levy for a period not in excess of five years for the purpose of assisting in the retirement of said bonds and interest thereon.

The board of supervisors of any county coming within the provisions of this section shall be authorized to levy, at the time and in the prescribed manner other county tax levies are made, an ad valorem tax of one-fourth mill for each mill retained levied against all of the taxable property of such county, and such levy shall be made a condition precedent to the operation of this section.

The amount of bonds or certificates of indebtedness issued for this purpose shall not exceed the sum of One Hundred Fifty Thousand Dollars ($150,000.00) and the two mill state ad valorem tax levy herein authorized to be retained for the retirement of said bonds may be pledged, together with the full faith and credit of the county, for the payment of said bonds at maturity and the interest thereon.

In issuing the bonds herein authorized, it shall only be necessary for the board of supervisors of said county to adopt a resolution providing for the sale and issuance of said bonds as now provided by law.

HISTORY: Codes, 1942, § 2996.5; Laws, 1964, ch. 280, § 1, eff June 5, 1964.

Cross References —

Assistance for disabled needy people generally, see §§43-29-1 et seq.

RESEARCH REFERENCES

Am. Jur.

71 Am. Jur. 2d, State and Local Taxation §§ 59, 61.

§ 19-5-47. Construction of public health buildings and clinics.

The board of supervisors of any county in the state is hereby empowered, in its discretion, to acquire by gift, donation or purchase necessary real estate on which to erect, construct or reconstruct public health buildings and clinics sponsored by the public health units of any county, or a public health building to house the county health department, said funds to be expended out of the general fund or out of any fund collected from a special levy made by said county for public health purposes. In said construction the board of supervisors of all counties are hereby empowered to erect said buildings in conjunction with any municipality situated in any county or in conjunction with any federal agency, and the board of supervisors is hereby authorized to sponsor any of such said projects, or, in the discretion of said board, said buildings may be constructed under contract after advertising as provided by law and upon competitive bids received therefor.

HISTORY: Codes, 1942, § 2997; Laws, 1940, ch. 302; Laws, 1942, ch. 212.

Cross References —

Requirement that plaques on buildings financed with funds of state or political subdivision acknowledge contribution of taxpayers, see §29-5-151.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions § 481.

§ 19-5-49. Lease of county homes and farms.

The board of supervisors of any county in the State of Mississippi is hereby authorized, in its discretion, to lease or rent any lands or buildings owned by the county and being used, or intended to be used, as a county home and farm to any person, persons, or association for the purposes of using such land and buildings for the care and keeping of old, infirm, or indigent persons. At any time that such lands and buildings cease to be used for such purposes, then such lease shall automatically expire.

HISTORY: Codes, 1942, § 2997-01; Laws, 1946, ch. 260.

OPINIONS OF THE ATTORNEY GENERAL

Quitman County may acquire property from a school district that it will in turn convey to an economic development district which will lease the property to a private assisted living facility because the conveyance will promote the general welfare goals of the statute. Scripper, March 20, 1998, A.G. Op. #98-0129.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 493 et seq.

§ 19-5-50. Controlling running of animals at large; establishing county pounds.

  1. The governing authorities of any county bordering on the Gulf of Mexico and having within its boundaries two cities having in excess of forty thousand (40,000) population each, according to the 1970 United States decennial census and of any county bordering on the Pearl River having two (2) judicial districts, wherein is housed the seat of state government, wherein U. S. Interstates 55 and 20 interchange and having a population in excess of two hundred thousand (200,000), according to the 1970 federal decennial census, shall have the power to prevent or regulate the running at large of animals of all kinds, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such regulations and the expense of impounding and keeping and selling the same; to regulate and provide for the taxing of owners and harborers of dogs, and to destroy dogs running at large, unless such dogs have proper identification indicating that said dogs have been vaccinated for rabies; and to provide for the erection of all needful pens, pounds, and buildings for the use of the county, and to appoint and confirm keepers thereof, and to establish and enforce rules governing the same.
  2. The governing authorities of any county bordering on the Gulf of Mexico and having within its boundaries two (2) cities having in excess of forty thousand (40,000) population each, according to the 1970 federal decennial census, and of any county bordering on the Gulf of Mexico and the State of Alabama in which there is a shipyard which constructs oceangoing vessels, and any county bordering on the Gulf of Mexico and the State of Louisiana and through which U.S. Interstate Highway 10 runs, shall have the power to prevent or regulate the running at large of animals of all kinds, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such regulations and the expense of impounding and keeping and selling the same; to regulate and provide for the taxing of owners and harborers of dogs, and to destroy dogs running at large unless such dogs have proper identification indicating that said dogs have been vaccinated for rabies; and to provide for the erection of all needful pens, pounds and buildings for the use of the county, and to appoint and confirm keepers thereof, and to establish and enforce rules governing the same.

HISTORY: Codes, 1942, § 3374-153; Laws, 1972, ch. 509, § 1; Laws, 1974, ch. 560, eff from and after passage (approved April 18, 1974).

Editor’s Notes —

Subsection (2) of this section is that part of Laws, 1974, ch. 560, pertaining to counties. Although Chapter 560 purported to amend §21-19-9, because the power to control the running of animals had previously been conferred upon certain other counties by Laws, 1972, ch. 509, which was codified as §19-5-50, that part of Laws, 1974, ch. 560 pertaining to counties was codified as part of the section. Subsection (1) is codified from Chapter 509, Laws of 1972.

Cross References —

Control of animals running at large in municipalities, see §21-19-9.

Prohibition against livestock roaming at large upon public highways, see §§69-13-101 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Certain counties have express authority to regulate running at large of animals and to cause them to be impounded pursuant to Miss. Code Section 19-5-50, but whether specific county falls within described counties is question of fact. Edens, Apr. 28, 1993, A.G. Op. #93-0264.

Assuming a county falls within those described in subsection (2), it may tax the owners and harborers of dogs by countywide ordinance. Yancey, May 17, 2002, A.G. Op. #02-0259.

The statute does not apply to cats and other domesticated animals. Yancey, May 17, 2002, A.G. Op. #02-0259.

The decision whether or not to require registration and a “dog tax” is discretionary with the Board of Supervisors. Yancey, May 17, 2002, A.G. Op. #02-0259.

Pursuant to §§19-3-41 and19-3-40, a county not designated in this section may contract for animal services and thereby operate an animal shelter for use by county residents for the temporary and/or permanent shelter of animals of all kinds. O’Donnell, Oct. 15, 2004, A.G. Op. 04-0473.

RESEARCH REFERENCES

ALR.

Validity of statute or ordinance providing for destruction of dogs. 56 A.L.R.2d 1024.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it. 2 A.L.R.3d 822.

Am. Jur.

4 Am. Jur. 2d, Animals §§ 90 et seq.

1B Am. Jur. Pl & Pr Forms (Rev), Animals, Forms 49, 50 (complaint, petition, or declaration-personal injuries-by dog).

CJS.

62 C.J.S., Municipal Corporations § 274.

§ 19-5-51. Bounty on beaver, nutria, and bobcats.

Any board of supervisors may, in its discretion, by appropriate resolution spread upon its minutes, offer a bounty not to exceed Five Dollars ($5.00) for each nutria, beaver or bobcat destroyed, where such board finds and determines that nutria, beaver or bobcats are in such quantities that the preservation of trees and other properties requires such bounties to be offered. Upon presentation to the sheriff of the complete tail of a nutria, beaver or bobcat, the sheriff shall execute a receipt therefor. Upon filing of such receipt with the chancery clerk, the amount of such bounty may be allowed by the board of supervisors as are other accounts against the county.

There is further provided a bounty on beaver not to exceed Five Dollars ($5.00) for each beaver to be paid in the following manner: upon the presentation of the tail of any beaver, any conservation officer of the state shall issue a receipt in such form as prescribed by the Mississippi Commission on Wildlife, Fisheries and Parks to the person presenting such tail. The Mississippi Department of Wildlife, Fisheries and Parks shall redeem such receipts by paying to such person a sum not to exceed Five Dollars ($5.00) for each such receipt as bounty. The redemption of such receipts shall be paid only from funds especially appropriated for this purpose and it is expressly provided that no such bounty shall be paid from any regular receipts, funds and appropriations of the Mississippi Department of Wildlife, Fisheries and Parks.

For the purposes of carrying out the purposes of this section, the Mississippi Department of Wildlife, Fisheries and Parks and the State Forestry Commission are authorized, empowered and directed, when requested by the board of supervisors or any property owner, to utilize funds, personnel and equipment under reasonable terms and conditions.

No bounty shall be paid when funds, personnel or equipment of the Mississippi Department of Wildlife, Fisheries and Parks, the State Forestry Commission or the county are employed in capturing and killing such animals.

HISTORY: Codes, 1942, § 2890.2; Laws, 1964, ch. 231, § 1; Laws, 1971, ch. 477, § 1; Laws, 1974, ch. 569, § 3; Laws, 2000, ch. 516, § 1, eff from and after passage (approved Apr. 30, 2000.).

Cross References —

Power of Mississippi Commission on Wildlife, Fisheries and Parks to enter into agreements with landowners to trap beaver, see §49-1-29.

Power of Mississippi Commission on Wildlife, Fisheries and Parks to issue permits to kill any species of animals, etc., see §49-1-39.

Duties and powers of state forestry commission generally, see §49-19-3.

RESEARCH REFERENCES

Am. Jur.

12 Am. Jur. 2d, Bounties § 6.

3B Am. Jur. Legal Forms 2d, Bounties §§ 45:1 et seq.

§ 19-5-53. Promotion of excellence in raising crops and livestock.

The board of supervisors in the various counties of the state are hereby authorized and empowered, in their discretion, to appropriate money out of the general county fund for the purpose of offering premiums for excellence in raising crops and livestock in their county.

HISTORY: Codes, Hemingway’s 1917, § 3786; 1930, § 273; 1942, § 2959; Laws, 1910, ch. 144.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions § 181.

§ 19-5-55. Promotion of excellence in raising crops and livestock; limitation on amount to be expended.

The amount of money to be appropriated and offered shall not exceed the following: (a) for corn – Two Hundred Dollars ($200.00) for the best five acres or more, One Hundred Dollars ($100.00) for the second best and Fifty Dollars ($50.00) for the third best, or half the amounts for three acres; (b) for mule colt – not more than One Hundred Dollars ($100.00) for the best, Seventy-five Dollars ($75.00) for the second best and Fifty Dollars ($50.00) for the third best; (c) for horse colt – the same as for a mule colt; (d) for cow – not more than Fifty Dollars ($50.00) for the best, Thirty Dollars ($30.00) for the second best and Twenty Dollars ($20.00) for the third best; (e) for hog – the same as for a cow. Other premiums for excellence in raising agricultural, horticultural and livestock products may be given in proportion. No exhibit or entry of any kind which has once been awarded a prize shall be eligible at any other time for a prize.

HISTORY: Codes, Hemingway’s 1917, § 3787; 1930, § 274; 1942, § 2960; Laws, 1910, ch. 144.

§ 19-5-57. Promotion of excellence in raising crops and livestock; petition by contestants; publication of premiums.

Before the board of supervisors will be authorized to take action under Sections 19-5-53, 19-5-55, a petition containing the names of not less than one hundred contestants in the county must be on file in the office of the chancery clerk of the county on or before the first Monday of January, in the year in which the premiums are to be offered. Publications of the premiums must be made on or before the 15th day of February in the year in which they are to be offered.

HISTORY: Codes, Hemingway’s 1917, § 3788; 1930, § 275; 1942, § 2961; Laws, 1910, ch. 144.

§ 19-5-59. Promotion of excellence in raising crops and livestock; rules governing contest and placing of exhibits.

The board of supervisors shall have the power to issue rules governing the contest, and to determine the time for placing of the exhibits in competition at the county seat.

HISTORY: Codes, Hemingway’s 1917, § 2790; 1930, § 277; 1942, § 2963; Laws, 1910, ch. 144.

§ 19-5-61. Promotion of excellence in raising crops and livestock; judges.

The board of supervisors shall, after having announced premiums, select a competent committee or judges to measure the land, to test the crop and pass upon the merits of the exhibits and entries. The members of said committee shall not be related to the contestant in any manner, and the members shall have their report ready for the date of meeting at the county seat in the fall on the date named for exhibit and competition by the said board of supervisors. Members of said committee shall receive compensation as determined upon by the board of supervisors, not to exceed Three Dollars ($3.00) per day, while actually employed in the work.

HISTORY: Codes, Hemingway’s 1917, § 3789; 1930, § 276; 1942, § 2962; Laws, 1910, ch. 144.

§ 19-5-63. Establishment of county extension department.

It is declared to be the policy of this state to develop and promote agriculture, including the raising of livestock, and all enterprises and activities dependent upon the products of the soil, and in line with this policy, to make available to the citizens of this state useful and practical information on subjects relating to agriculture and home economics that research has discovered, to encourage the application of the same, and to obtain all the assistance and advantages that the federal government offers to provide.

The board of supervisors of each county in this state may establish a county extension department in agriculture and home economics. The purpose of this department shall be to disseminate useful information among the farmers, farm women, and farm boys and girls, and to develop the agricultural resources and improve the farm homes of this state.

The county extension departments shall be in charge of a county agent and such assistant county agents and home economics agents as the board of supervisors and the extension department of the Mississippi State University of Agriculture and Applied Science may deem adequate to the needs of the county. The board of supervisors upon the recommendation of the director of extension of said university and the approval of the United States Department of Agriculture shall appoint the county agent, assistant county agents and home economics agents, fix their salaries and other necessary expenses, and the amount so fixed shall be paid out of the general fund of the county, but may be supplemented by the extension department of said university and/or the United States Department of Agriculture.

The board of supervisors shall provide office space for the county extension department; shall equip the said office with the necessary office equipment and furniture, and shall also furnish the necessary record books, maps, stationery, postage and other items incidental to the proper operation of the department. The board of supervisors shall also employ such clerical assistance for the department as in the judgment of the board will enable the department to efficiently perform the duties required of it by this section. All such expense shall be paid out of the general fund of the county, but may be supplemented by the extension department of the Mississippi State University of Agriculture and Applied Science and/or the United States Department of Agriculture.

It shall be the duty of the county extension department to carry on farm and home demonstration work, boys and girls club work, organized production and cooperative marketing work, and all other phases of extension work under the joint supervision and control of the board of supervisors, the extension department of the Mississippi State University of Agriculture and Applied Science and the United States Department of Agriculture, under the provisions of the Smith-Lever act and other related acts of congress.

The duties prescribed by the preceding paragraph shall be construed to include and emphasize actual work in the field as distinguished from executive or administrative tasks or office work. In order that the several county extension departments may fully comply with the requirements of this section and perform the duties required of them, the extension department of the Mississippi State University of Agriculture and Applied Science may, upon the approval of the director of extension and the United States Department of Agriculture, employ and pay the salary of an assistant county agent in any county in which the director of extension shall find the services of such assistant necessary and his appointment justified.

The enumeration in the foregoing paragraphs of duties to be performed by agents appointed under this section shall not be taken as exclusive but such agents may perform any duties to accomplish the purposes of this section which they may be directed to perform by the extension department of the Mississippi State University of Agriculture and Applied Science with the approval of the United States Department of Agriculture the expense of which is covered in whole or in part by appropriations received from the federal government or any department thereof for agricultural extension work.

HISTORY: Codes, 1942, § 2964; Laws, 1932, ch. 211; Laws, 1940, ch. 263; Laws, 1942, ch. 207; Laws, 1944, ch. 242, §§ 1-6.

Cross References —

Appropriations for construction of buildings for the use of junior beef boys and girls and junior dairy boys and girls, see §19-5-69.

State agricultural experiment stations, see §§37-113-17 et seq.

Duty of commissioner of agriculture and commerce to encourage development of county agricultural clubs and associations, see §69-1-13.

Studies of commodity exchange entity and Farm Assistance in Rural Mississippi (FARM) Program, to be conducted by Department of Agriculture and Commerce and Cooperative Extension Service, see §69-1-47.

Coordination of information clearinghouse to assist agricultural community, dissemination of information to program beneficiaries, and preparation of related progress report by Mississippi Cooperative Extension Service, see §69-2-5.

Board comprised of directors of Department of Economic and Community Development, Cooperative Extension Service, Small Farm Development Center and Agricultural and Forestry Experiment Station, shall develop definitions, guidelines and procedures for implementing Mississippi Farm Reform Act, see §69-2-13.

Appropriations for the purpose of eradicating serious insect pests, rodents, etc., see §69-25-33.

OPINIONS OF THE ATTORNEY GENERAL

The board of supervisors have the authority to provide a market place where farm products can be sold. Any reasonable expenditure along this line would be thoroughly justifiable under this law, and expenses in this connection would be paid out of the general funds of the county. Ops Atty Gen, 1939-41, p 125.

Considering the authority granted to the board of supervisors to purchase office equipment and other items incidental to the operation of the office of the county agent and considering that the work of the county agent is in the field, the board of supervisors, in its discretion, may provide the county agent with a cellular telephone if it will assist in the accomplishment of her duties. Palmer, Mar. 30, 2001, A.G. Op. #01-0189.

§ 19-5-65. Funding of display rooms for county home economic or home demonstration agents.

The boards of supervisors of counties of class one of the several counties, in their discretion, are hereby authorized and empowered to appropriate and expend moneys out of the general fund of the county for the purpose of renting or otherwise providing offices or display rooms wherein the county home economic or home demonstration agents may display, offer for sale, and sell products and articles produced under and by virtue of the home demonstration and cooperative marketing program of the county extension department.

HISTORY: Codes, 1942, § 2964-01; Laws, 1946, ch. 188.

Cross References —

Establishment of county extension department, see §19-5-63.

§ 19-5-67. Establishment of department of animal husbandry.

The boards of supervisors of two (2) or more counties, one or more of which has an incorporated livestock association, are hereby authorized, in their discretion, to establish a joint department of animal husbandry, the purposes of this department being to disseminate useful information pertaining to animal husbandry among the farmers and to develop livestock resources in the several counties.

The said department of animal husbandry shall be under the direction of a joint commissioner to be appointed by the boards of supervisors of the several counties creating this department, which said commissioner shall be a person well versed in the scientific and practical knowledge of animal husbandry. His title shall be district commissioner of animal husbandry, his salary shall be fixed by the boards of supervisors of the counties in said district, and paid out of the general funds of said counties, and his duties shall be to keep in close touch with the United States Department of Agriculture, the Mississippi State University of Agriculture and Applied Science, and the state experimental stations, to assist in organizing animal husbandry societies, to look after animal husbandry statistics in the counties, to disseminate useful information pertaining to animal husbandry in the counties, and to advance in every way possible promotion of the industry of animal husbandry in the counties of said district.

The board of supervisors of any county maintaining county extension departments in agriculture and home economics and helping to maintain such joint department of animal husbandry, as provided herein, is hereby authorized, in its discretion, to set aside, appropriate and expend moneys from the general fund to help defray the expense of maintaining such departments.

The board of supervisors of any county helping to maintain such joint department of animal husbandry, as herein provided, is hereby authorized, in its discretion, to set aside, appropriate and expend moneys from the general fund to help defray the expenses of maintaining a department of dairy husbandry, and the employment of a dairy husbandryman.

HISTORY: Codes, 1942, § 2965; Laws, 1938, ch. 318; Laws, 1940, ch. 276; Laws, 1950, ch. 189; Laws, 1986, ch. 400, § 6, eff from and after October 1, 1986.

§ 19-5-69. Funding of buildings for junior beef and dairy boys and girls.

The boards of supervisors of the various counties having livestock shows or associations located therein, and having a department of animal husbandry, as created under Section 19-5-67, and having a total assessed valuation of not exceeding Five Million Dollars ($5,000,000.00), are hereby authorized to donate funds not exceeding Ten Thousand Dollars ($10,000.00) or lands and materials not exceeding in value Ten Thousand Dollars ($10,000.00), and to otherwise aid and assist in the construction of buildings for the use of the junior beef boys and girls and the junior dairy boys and girls.

The board of supervisors of each county qualifying as above set forth is authorized and empowered to borrow a sum not exceeding Ten Thousand Dollars ($10,000.00) for the purpose of paying for such land, buildings or building material necessary to provide and construct buildings on livestock show grounds or other places selected by the board of supervisors.

The board of supervisors may apply for and receive contributions and allotments of funds, labor and materials from the federal government or any agency thereof, and may cooperate with such governmental agency in constructing the buildings herein authorized.

HISTORY: Codes, 1942, § 2965-01; Laws, 1946, ch. 432, §§ 1-3.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 23.

§ 19-5-71. Support of experiment stations.

The boards of supervisors of the several counties may, in their discretion, appropriate money from the general funds of the county for the purpose of buying lands, personal property, or equipment of whatever nature and kind, for experiment stations, and may appropriate money from said county funds to aid in the support and maintenance of such experiment stations, whether the same be located within or without the county. When any board of supervisors desire to appropriate funds as herein provided, they shall first publish notice of said proposed expenditure setting forth the amount thereof and the purposes for which said funds are to be used, and upon petition of ten per cent of the qualified electors in said county, the board shall submit to the qualified electors at a special election to be held in said county the question of whether or not said expenditure shall be made, and in the event the majority of the qualified electors shall vote against such expenditure, then the same shall not be made, and such proposal shall not again be made within twelve months from said election.

HISTORY: Codes, 1930, § 283; 1942, § 2981; Laws, 1928, ch. 220.

Cross References —

Authority to construct and maintain roads into experiment stations, see §65-7-73.

RESEARCH REFERENCES

Am. Jur.

3 Am. Jur. 2d, Agriculture § 23.

§ 19-5-73. Establishment of farmers’ markets.

The board of supervisors of each county may expend monies from the general fund, not exceeding the amount that would be generated from the levy of a one-fourth (1/4) mill ad valorem tax upon all taxable property in the county, for the purpose of providing funds to be expended to establish, maintain and operate farmers’ markets and facilities that are certified by the Mississippi Department of Agriculture and Commerce and operating within the county to assist in the disposal and sale of farm and other food products in the interest of farmers, consumers and the general public.

HISTORY: Codes, 1942, § 2984.5; Laws, 1948, ch. 466, §§ 1-3; Laws, 1954, ch. 147, §§ 1, 2; Laws, 1986, ch. 400, § 7; Laws, 2012, ch. 467, § 2; brought forward without change, Laws, 2013, ch. 396, § 2, eff from and after July 1, 2013.

Editor’s Notes —

This section was brought forward without change by Chapter 396, Laws of 2013, effective from and after July 1, 2013. Since the language of this section as it appears in the main volume is unaffected by the bringing forward of the section, it is not reprinted in this supplement.

Amendment Notes —

The 2012 amendment rewrote the section.

The 2013 amendment brought the section forward without change.

RESEARCH REFERENCES

Am. Jur.

52 Am. Jur. 2d, Markets and Marketing §§ 4, 5 et seq.

§ 19-5-75. Acquisition of cold storage plants, meat curing plants, warehouses, syrup blending plants, creameries, farm orchard and dairy produce establishments, by certain counties.

The board of supervisors of any county in the State of Mississippi bordering on the Mississippi Sound or Gulf of Mexico, or any county in Class 8 whose population is greater than 12,000 and less than 13,000, according to the census of 1940 and whose total area is 500 square miles, is hereby authorized, in its discretion, to borrow funds not to exceed Fifteen Thousand Dollars ($15,000.00), for the purpose of purchasing lands, buildings, building material, labor, machinery and equipment necessary to provide, construct, operate and maintain cold storage plants, meat curing plants, warehouses, syrup blending plants, creameries and establishments for handling, processing, selling or trading in farm orchard, and dairy products.

HISTORY: Codes, 1942, § 2975-01; Laws, 1944, ch. 251, § 1.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 189, 470 et seq., 478.

§ 19-5-77. Acquisition of cold storage plants, meat curing plants, etc., by certain counties; lease of establishment.

The title to such property shall be taken in the name of the county and the board of supervisors may, upon such terms and conditions as may be fixed by said board by order spread upon its minutes, enter into agreements to lease such establishment to any cooperative association or other agency for use for the purposes enumerated in Section 19-5-75. Such lessee may, in addition to said purposes, use said establishment in performing the other functions of such cooperative association or agency.

HISTORY: Codes, 1942, § 2975-02; Laws, 1944, ch. 251, § 2.

Cross References —

Agricultural associations generally, see §§79-17-1 et seq.

Cooperative marketing associations generally, see §§79-19-1 et seq.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 493 et seq.

§ 19-5-79. Acquisition of cold storage plants, meat curing plants, etc., by certain counties; issuance of notes, bonds, or loan warrants.

Such board of supervisors may issue notes, bonds or loan warrants to evidence the amount borrowed for said purposes. Said notes, bonds or loan warrants shall bear such rate of interest as may be determined by the board of supervisors, not exceeding, however, six per cent per annum, payable semi-annually. Said notes, bonds or loan warrants shall be in such denomination or denominations and form as may be determined by resolution or order of the board, and they shall be executed in behalf of the county by the president and clerk of said board. The interest to accrue on such notes, bonds or loan warrants on and prior to the respective maturity dates thereof shall be represented by coupons to be attached thereto and which may be executed by the facsimile signature of said officers. Said notes, bonds or loan warrants shall be made to mature over a period of not exceeding ten years, and shall be sold for not less than par and accrued interest.

HISTORY: Codes, 1942, § 2975-03; Laws, 1944, ch. 251, § 3.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 98, 155, 185.

CJS.

20 C.J.S., Counties §§ 398-429.

§ 19-5-81. Acquisition of cold storage plants, meat curing plants, etc., by certain counties; notice of intention to borrow; election.

Before issuing the bonds, notes or loan warrants, authorized by Section 19-5-79 the board of supervisors shall publish notice of its intention to borrow such funds and to issue loan warrants, notes or bonds, and the clerk of said board shall publish in three weekly issues of some newspaper having a general circulation in the county, a copy of such order. If, within twenty-one days after the first publication of a copy of such order, twenty percent (20%) of the qualified electors of the county petition the board of supervisors for an election to determine whether or not the adoption of such order should be annulled, such election shall be ordered by said board of supervisors in which the qualified electors of the county shall be eligible to participate. If at such election a majority of those voting vote in favor of the adoption of such order the same shall be valid and effective, but if a majority shall vote against such order it shall be annulled and shall be ineffective. Such election shall be held and conducted and the returns thereof made as provided by law for other county elections. If no such petition be presented within twenty-one days after the first publication of a copy of such order, the order shall be valid and effective and said board may thereupon proceed to issue said loan warrants hereunder without an election on the question of the issuance thereof.

HISTORY: Codes, 1942, § 2975-04; Laws, 1944, ch. 251, § 4.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 117, 118, 126 et seq., 130 et seq., 133 et seq., 139 et seq.

§ 19-5-83. Acquisition of cold storage plants, meat curing plants, etc., by certain counties; sections as full authority.

Sections 19-5-75 through 19-5-87, without reference to any other statute, shall be deemed full and complete authority for the issuance of said notes, bonds or loan warrants, and shall be construed as an additional and alternative method therefor, and none of the present restrictions, requirements, conditions or limitations of law applicable to the issuance of bonds, loan warrants or notes by boards of supervisors shall apply to the issuance and sale of loan warrants, bonds or notes under these sections. No proceedings shall be required for the issuance of such loan warrants, bonds or notes other than those provided for and required in these sections, and all powers necessary to be exercised by the board of supervisors, in order to carry out the provisions of these sections are hereby conferred.

HISTORY: Codes, 1942, § 2975-05; Laws, 1944, ch. 251, § 5.

§ 19-5-85. Acquisition of cold storage plants, meat curing plants, etc., by certain counties; levy of taxes.

Said loan warrants, bonds or notes shall be general obligations of the county and the board of supervisors of said county shall annually levy a tax upon all taxable property therein sufficient to pay the principal of, and the interest on, such loan warrants, bonds or notes as the same mature and accrue, and the full faith, credit and resources of such county shall be and are hereby irrevocably pledged to the payment of same, both as to principal and interest.

HISTORY: Codes, 1942, § 2975-06; Laws, 1944, ch. 251, § 6.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 309, 311, 312.

§ 19-5-87. Acquisition of cold storage plants, meat curing plants, etc., by certain counties; validation of warrants, bonds or notes.

Said loan warrants, bonds or notes may, in the discretion of the board of supervisors, of such county, be validated under Sections 31-13-1 through 31-13-11.

HISTORY: Codes, 1942, § 2975-07; Laws, 1944, ch. 251, § 7.

RESEARCH REFERENCES

Am. Jur.

64 Am. Jur. 2d, Public Securities and Obligations §§ 355 et seq.

§ 19-5-89. Promotion of youth activities.

The board of supervisors of any county in the State of Mississippi, in which there is located a national cemetery wholly supported by federal funds, and any county having a population of less than twenty thousand (20,000) in accordance with the 1950 census, with an area of less than four hundred twenty-five (425) square miles, and an assessed valuation on the basis of the 1950-1954 assessment rolls placing it in Class 5, is authorized to appropriate and expend, in its discretion, a sum not exceeding Five Hundred Dollars ($500.00) per annum, to be paid from the general fund of the county, for promoting and financing youth activities in the county, such as Little Boys Baseball, Inc., and other recreational activities for youth. This authority shall also extend to the board of supervisors of any county bordering on the Mississippi River and having an area of four hundred forty-eight (448) square miles with a population not in excess of thirty-two thousand five hundred (32,500) and a municipality therein with a population in excess of twenty-two thousand (22,000) and not more than twenty-three thousand (23,000), all in accordance with the federal census of 1950. Such authority shall also extend to any county having an assessed valuation of less than Five Million Dollars ($5,000,000.00), according to the 1960 federal census, and a portion of which lies in the DeSoto National Forest and having an area of less than four hundred fifty (450) square miles, which shall be authorized, in the discretion of the board of supervisors, to appropriate and expend not more than One Thousand Dollars ($1,000.00) per annum on youth activities. Such authority shall also extend to any city in which there is located a Baptist-supported college founded in 1826, which shall be authorized, in the discretion of the mayor and board of aldermen, to appropriate and expend not more than One Thousand Dollars ($1,000) per annum on youth activities within the city, such as Little League Baseball, Inc., the YMCA and other recreational activities for youth.

HISTORY: Codes, 1942, § 2965-05; Laws, 1958, ch. 227; Laws, 1962, ch. 250; Laws, 1977, ch. 305, eff from and after passage (approved February 24, 1977).

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions § 181.

19 Am. Jur. Pl & Pr Forms (Rev), Parks, Squares, and Playgrounds, Forms 42.1, 45.1 (complaint and third-party complaint; player injured by foul ball).

§ 19-5-91. Agreements with the United States relative to navigation projects.

The board of supervisors of any county through any part of which any river or other stream may run, or any part of which any river or other stream may touch or border, on which the United States of America has authorized navigation projects, including channel clearing, channel improvement, cut-offs, levees, dams, or other navigation projects, is hereby authorized and empowered, for that part of such river or stream running through any part of said county or bordering or touching said county, as aforesaid, to give satisfactory assurances to the United States of America, or any agency thereof, including the Secretary of Defense, that it will:

Provide, without cost to the United States, all lands, easements and rights-of-way necessary for the construction of the project;

Hold and save the United States free from damages due to the construction of the works; and

Maintain and operate all of the works after completion in accordance with regulations prescribed pursuant to the terms of any federal law relating to navigation or to navigable streams.

Any such board of supervisors is also hereby authorized and empowered to accept the conveyance of any lands, easements and rights-of-way over and on behalf of any lands that may be benefited by the maintenance of such works, to accept assurances from landowners whose property is benefited by such navigation projects, to levy, assess and collect such taxes on said area so benefited as will be necessary, to save and hold the United States free from all damages due to the construction of the works and to exercise the right of eminent domain for the condemnation of rights-of-way and easements in like manner as is exercised by boards of supervisors for the condemnation of public road rights-of-way, and to maintain such works in said county after completion and generally to accept agreements for landowners benefited by such navigation projects to save the county harmless on account of said assurances given by the county as aforesaid to the United States of America, or any agency there of, including the Secretary of Defense.

Any such board of supervisors also is authorized to enter into any contracts or agreements with the United States, or any agency or department thereof, to sponsor a project for the environmental restoration of a lake or body of water as described in, and in accordance with the provisions of Section 19-5-92.

HISTORY: Codes, 1942, § 2995.5; Laws, 1950, ch. 424, § 1; Laws, 2001, ch. 476, § 4, eff from and after passage (approved Mar. 23, 2001.).

Editor’s Notes —

Laws, 2001, ch. 476, § 6, provides:

“SECTION 6. Nothing in this act shall be construed to require the prior approval of a levee board for the repair or construction of flood control structures in areas that are not located in a levee district area.”

Amendment Notes —

The 2001 amendment made a minor punctuation change in the first paragraph; and added the last paragraph.

OPINIONS OF THE ATTORNEY GENERAL

Section 19-5-91 applies to the provision of lands, easements and rights of way necessary for the construction of “navigation projects”. That section is not applicable to the provision of land and facilities to house the Coast Guard. Mullins, December 20, 1995, A.G. Op. #95-0795.

§ 19-5-92. Construction of dams and low-water control structures by counties; funding; federal and state assistance.

  1. Any county in the State of Mississippi is authorized to construct a dam or low-water control structure on any lake or natural body of water with an outlet or evidence of the flow or occurrence of water, including a lake or body of water located partially within the county and partially without the county or partially in another state adjacent or contiguous to the State of Mississippi. The county is authorized to use available funds from any source, including county ad valorem taxes, any available monies in the general fund of the county, funds from the issuance of bonds, donations, gifts or through interagency agreements or interlocal cooperation for such funding, for the purpose of carrying out and accomplishing the following functions and activities:
    1. Construction of a dam or low-water control structure on such lake or body of water at such location as the county may deem most advantageous whether within or without the boundaries of the county or whether within or without the boundaries of the State of Mississippi, in whole or in part.
    2. Requesting and obtaining necessary assistance and input from, and coordinating the activities of, any state or federal agency or landowners for the purposes of carrying out and implementing necessary planning, permitting and funding requirements as well as all necessary and proper actions and agreements required of the county for the construction of such a dam or low-water control structure.
    3. Issuance of general obligation bonds in an amount not to exceed the aggregate principal amount of Two Hundred Fifty Thousand Dollars ($250,000.00) and management of the proceeds from such bond issue in accordance with the terms and provisions of Sections 19-9-1 through 19-9-31, and subject to the power and authority conferred upon boards of supervisors for the borrowing of money and for the pledging of the full faith and credit of the county.
  2. Any county in the State of Mississippi is authorized to make application to and contract with the United States or any agency or department thereof to sponsor a project or projects for the environmental restoration of such a lake or body of water, including participation as a local sponsor with the United States Army Corps of Engineers in evaluating and constructing water resources projects designed to enhance and restore water quality and habitat value in such lake or body of water, including:
    1. Coordinating activities and assistance of federal, state and local agencies and landowners for the purpose of carrying out and implementing necessary planning, permitting and funding requirements for construction and operation of such projects.
    2. Authorization to enter into project cooperation agreements with the United States Department of Army and to serve as nonfederal sponsors for such projects.
    3. Authorization to expend county funds, apply for, accept as a gift or receive through interagency agreement or interlocal cooperation, technical assistance, in-kind assistance, and acquisition of real estate or leasehold interest as may be necessary and appropriate for such project.
    4. Authorization to acquire in the name of the county through direct purchase or eminent domain procedures and to make available to the United States Department of Army all lands, easements, and rights-of-way required for the construction, implementation, operation and maintenance of such project, including, but not limited to, those required for utility relocations, borrow materials and dredged or excavated material disposal.
    5. Operation, maintenance, repair, replacement and rehabilitation of project features following the completion of such construction.

HISTORY: Laws, 2001, ch. 476, § 1, eff from and after passage (approved Mar. 23, 2001.).

Editor’s Notes —

Laws, 2001, ch. 476, § 6 provides:

“SECTION 6. Nothing in this act shall be construed to require the prior approval of a levee board for the repair or construction of flood control structures in areas that are not located in a levee district area.”

Cross References —

Uniform system for issuance of county bonds, see §§19-9-1 et seq.

§ 19-5-92.1. Authority of counties to alter channels of streams and water courses; construction and repair of bridges; erosion prevention; property acquisition and easements; compensation to landowners; financing.

  1. The board of supervisors of any county, whenever the board determines that the health, comfort and convenience of the inhabitants of the county will be promoted, may:
    1. Alter and change the channels of streams or other water courses;
    2. Construct, reconstruct and repair bridges over streams and water courses; and
    3. Incur costs and pay necessary expenses for:
      1. Providing labor, materials and supplies to clean or clear drainage ditches, creeks or channels or conduits, both natural and man-made and to prevent erosion of such ditches, creeks or channels;
      2. Acquiring property and obtaining easements necessary to perform work under this section; and
      3. Reimbursing landowners for damages and injury resulting from work performed by the county under this section.
  2. The work performed and the expenses incurred under subsection (1) of this section may take place on public or private property. However, if the work is to be performed or the expenses to be incurred will take place on private property, the board of supervisors must:
    1. Make a finding, as evidenced by entry upon its minutes, that such work and/or expenses are necessary in order to promote the public health, safety and welfare of the citizens of the county;
    2. Give notice, in writing, to all owners of property that will be affected by the work for such period of time as is reasonable to allow such owners to express any objections;
    3. Not receive written objection to the work by any owners of property that will be affected by the work within the period of time allowed to express objections; and
    4. Unless otherwise agreed, in writing, by the county and the landowner, construct or install a culvert or bridge, at the county’s expense, at an appropriate location or locations to provide the landowner ingress and egress to all of the property to which the landowner had access immediately before performance of the work by the county.
  3. The county shall reimburse landowners for all damages or injury resulting from work performed by the county under this section.
  4. The provisions of this section do not impose any obligation or duty upon a county to perform any work or to incur any expenditures not otherwise required by law to be performed or incurred by a county, nor do the provisions of this section create any rights or benefits for the owner of any public or private property in addition to any rights or benefits as may be otherwise provided by law.
  5. No additional taxes may be imposed for the work authorized under subsection (1) of this section until the board of supervisors adopts a resolution declaring its intention to levy the taxes and establishing the amount of the tax levies and the date on which the taxes initially will be levied and collected. This date shall be the first day of the month, but not earlier than the first day of the second month, from the date of adoption of the resolution. Notice of the proposed tax levy must be published once each week for at least three (3) consecutive weeks in a newspaper having a general circulation in the county. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed in the resolution on which the board of supervisors proposes to levy the taxes, and the last publication of the notice shall be made not more than seven (7) days before that date. If, within the time of giving notice, fifteen percent (15%) or two thousand five hundred (2,500), whichever is less, of the qualified electors of the county file a written petition against the levy of the taxes, then the taxes shall not be levied unless authorized by three-fifths (3/5) of the qualified electors of the county voting at an election to be called and held for that purpose.

HISTORY: Laws, 2002, ch. 504, § 1, eff July 3, 2002; Laws, 2004, ch. 381, § 1; Laws, 2006, ch. 321, § 1; Laws, 2011, ch. 349, § 1, eff from and after July 1, 2011.

Amendment Notes —

The 2004 amendment extended the date of the repealer provision in (6) from “July 1, 2004” until “June 30, 2006.”

The 2006 amendment deleted former (6) which read: “This section shall stand repealed on June 30, 2006.”

The 2011 amendment inserted “or conduits, both natural and man-made” preceding “and to prevent erosion of such ditches, creeks or channels” in (1)(c)(i).

OPINIONS OF THE ATTORNEY GENERAL

County may repair a culvert on private property to prevent future erosion, however, before undertaking the work, the board of supervisors must find, consistent with fact and spread upon the minutes, that the erosion at issue is caused by the county’s placement of the culvert under a public road. Chamberlin, Nov. 8, 2002, A.G. Op. #02-0604.

County may repair a culvert on private property to prevent future erosion, however, before undertaking the work, the board of supervisors must find, consistent with fact and spread upon the minutes, that the erosion at issue is caused by the county’s placement of the culvert under a public road. Chamberlin, Dec. 6, 2002, A.G. Op. #02-0660.

Supervisors serving as commissioners on the board of a solid waste management authority may accept compensation and reimbursement of expenses; however, care should be taken to ensure that there is no overlap between fulfilling the duties and responsibilities of a supervisor and those of a commissioner to avoid being paid twice for the same time worked. Fortier, Dec. 6, 2002, A.G. Op. #02-0650.

Stormwater ordinances allowing the county to enter private property to perform drainage work must comply with the provisions of Section 19-5-92.1. Nowak, Jan. 27, 2006, A.G. Op. 05-0637.

§ 19-5-93. Donations for certain patriotic and charitable uses.

The board of supervisors of each county is authorized, in its discretion, to donate money for the objects and purposes following, to wit:

Confederate graves.For the location, marking, care and maintenance of the grave or graves and graveyard of Confederate soldiers or sailors who died in the Confederate service, and the purchase, if necessary, of the land on which any of the said graveyards may be situated, and the erection and maintenance of appropriate monuments and appropriate inscriptions thereon. In the exercise of this power the board is fully authorized to accept donations of land on which any of said graveyards may be situated and also money or funds to be used for any of the purposes in this section expressed.

Any board of supervisors may, in its discretion, contribute money to be used for the upkeep of graves of the Confederate dead in its county.

Care of the aged.For the support and maintenance of such residents of the county who are worthy, indigent aged inmates of the Old Ladies’ Home of Jackson, Mississippi, or of the Golden Age Nursing Home and Hospital for North Mississippi of Greenwood, Mississippi, and not exceeding Five Hundred Dollars ($500.00) per annum for the support of the county’s inmates of the Old Men’s Home, located near Jackson, Mississippi, and in addition thereto a sum not exceeding Two Hundred Dollars ($200.00) per annum to each of said institutions for their support and maintenance in the care of the aged.

King’s Daughters.To the King’s Daughters in their respective counties for charities under their supervision.

Travelers Aid Society.A sum of money not exceeding Fifteen Dollars ($15.00) per month for the support of the organization known as the Travelers Aid Society, provided the same is nonsectarian.

Hospitals for pellagra sufferers.For the establishment and maintenance of a hospital for the treatment of persons afflicted with pellagra. For this purpose the board may issue bonds and incur such indebtedness within the limits now authorized by law.

Tubercular hospitals.For the establishment and maintenance of a hospital for the care and treatment of persons suffering from tuberculosis. In the execution of this power the board may select trustees to establish and operate said hospital. In counties having a population of more than forty thousand (40,000) people, as shown by the latest United States census, the board may set aside, appropriate and expend monies from the general fund for the purpose of aiding in the maintenance and support of hospitals maintained and operated in such county for the care and treatment of persons suffering from tuberculosis. The monies shall be expended by the board through such trustees, not less than three (3) and not more than five (5), to be elected by the board of supervisors annually. The trustees shall file reports with the board at least once every six (6) months showing in detail all expenditures made by them and the number of patients which have been for the preceding period aided or cared for by the institution, and the board may otherwise require a strict accounting of the administration of said funds.

Same – additional provisions.The boards of supervisors of one or more counties are hereby authorized and empowered, in their discretion, separately or jointly, to acquire by gift, purchase or lease, real estate, for tubercular hospital purposes, and to own, erect, build, establish, maintain, regulate and support a tubercular hospital and to remodel buildings on such property to be used for such hospital purposes.

In the event the boards of supervisors of two (2) or more counties agree to cooperate in establishing and maintaining such hospital, the board of supervisors of each of said counties shall adopt a resolution agreeing to the proportionate part each county will contribute to the establishment and maintaining of such hospital.

Each county operating under the provisions of this subsection is hereby authorized and empowered to set aside, appropriate and expend monies from the general fund for the purpose of erecting, maintaining and operating such hospital.

Charity wards in hospitals.A sum of money not exceeding One Hundred Dollars ($100.00) per month to maintain a charity ward or wards in any hospital in their respective counties, or in the event there shall be no hospital in such county, then a like sum, in their discretion, to maintain a charity ward or wards in any hospital in any adjoining county receiving and treating patients from such county having no hospital.

Same – coast counties.The several counties of this state bordering on the tidewater of the Gulf of Mexico are hereby authorized and empowered, in the discretion of the proper authorities thereof, to appropriate such a sum of money as said authorities shall deem reasonable, to provide and maintain a charity ward or wards, in any of the hospitals in said counties, or, in the discretion of said authorities, to make and enter into contracts with any such hospitals for the treatment and care in such hospitals of the indigent sick of said counties, and to pay therefor out of the general fund of such counties such sum or sums as shall be a reasonable and just compensation to said hospital. However, the board of supervisors of any county mentioned herein may, in its discretion, make and enter into contracts with any hospital in any adjoining county receiving and treating patients from the respective counties mentioned herein in such hospitals of the indigent sick of said counties, mentioned herein, and to pay therefor out of the general fund of such county, such sum or sums that shall be reasonable and just to said hospitals.

Public libraries.A sum not to exceed One Thousand Dollars ($1,000.00) per annum toward the support and maintenance of one or more public libraries situated in the county. In any county whose total assessed valuation, including railroads and all public utilities, is more than Eighteen Million Dollars ($18,000,000.00) the board, in its discretion, may appropriate a sum not to exceed Three Thousand Dollars ($3,000.00) per annum for public libraries.

The board may also give or donate any legislative journals, constitutional convention journals, printed official reports of any state or county officers, official reports of departments, bureaus or officers of the United States, and copies of the acts of the Legislature or laws of Mississippi now or hereafter in the county library of such county and not needed, in the opinion of the board in the county library (but not including any Mississippi reports and not including any acts of the Legislature or laws of the state, unless such acts or laws be more than twenty (20) years old) to any library or library association or foundation or organization maintaining a free public library for reference or otherwise, provided such library, association, foundation or organization owns free from encumbrance a fireproof library building located in this state, in which building said journals, reports, acts and laws may be and shall be deposited where received under this subsection and made accessible under reasonable regulations to the general public. Such library, association, foundation or organization shall not have the right to sell or otherwise dispose of said journals, reports, acts and laws. Said journals, reports, acts and laws may be returned to the county library from which received without expense to the county, or to the state library, without expense to the state, at any time by the library, association, foundation or organization receiving the same.

Any gift or donation made by the board of supervisors of any county under the authority of this subsection shall be evidenced by an order spread upon the minutes of said board. The county shall bear no expense in connection with any donation. The sheriff of the county, or the custodian of the county library, shall deliver to the representative of the library, association, foundation or organization entitled to receive the same any of said journals, reports, acts, laws and official publications in accordance with the directions contained in any order of the board of supervisors for the delivery of the same, and shall take proper receipt from the party receiving the same, and shall deliver such receipt to the clerk of the board of supervisors of the county, and the board of supervisors shall have the said receipt entered in full on the minutes of the board.

Any library, association, foundation or organization receiving any gift or donation from any county under this subsection shall report in writing to the board of supervisors, from which such gifts or donations have been received every two (2) years, that the gifts and donations so received are still in the possession of the donee and are accessible to the general public. If any of the gifts or donations so received have been lost, destroyed or have otherwise disappeared, report thereof shall be made.

If any library, association, foundation or organization receiving gifts or donations under this subsection shall cease operating as a free public library or shall cease to be the owner of a fireproof building in which it keeps and maintains a free public library, for reference or otherwise, the said library, association, foundation or organization shall thereupon immediately return to the county library, without expense to the county, or to the state library, without expense to the state, any gifts or donations it may have received under this subsection.

Patriotic organizations and memorials.A sum not to exceed Five Thousand Dollars ($5,000.00) to build or aid any post of the American Legion, any chapter of the Daughters of the American Revolution, any chapter of the United Daughters of the Confederacy, or any post, unit or chapter of any patriotic organization within the county in building a memorial to the veterans of World War I and World War II; and a sum not to exceed Five Thousand Dollars ($5,000.00) to aid in defraying the cost of the erection of suitable memorials to deceased soldiers, sailors and marines of the late world wars. Such appropriation may be made, even though no provision has been made therefor in the county budget.

American Red Cross.Any board of supervisors of any county in this state is hereby authorized and empowered, in its discretion, to donate annually, out of any monies in its respective treasury, to be drawn by warrant thereon, a sum not exceeding One Hundred Dollars ($100.00) per million of assessed valuation to the support of a local chapter of the American Red Cross.

St. Jude Hospital.For the payment of mileage expense for transporting persons to St. Jude Hospital in Memphis, Tennessee, for treatment. The mileage shall be based on a round-trip basis from the patient’s place of residence to St. Jude Hospital at the mileage rate set forth in Section 25-3-41.

Public museums.For the support and maintenance of such public museums located in the county constituted under the provisions of Chapter 9, Title 39, Mississippi Code of 1972.

Domestic violence shelters.The board of supervisors of any county in this state is hereby authorized and empowered, in its discretion, to donate annually out of any money in the county treasury, such sums as the board deems advisable to support any domestic violence shelter or rape crisis center operating within or serving its area. For the purposes of this section, “rape crisis center” means a place established to provide care, counseling and related services to victims of rape, attempted rape, sexual battery or attempted sexual battery.

Literacy programs.The board of supervisors of any county in this state is hereby authorized and empowered, in its discretion, to donate out of the general fund of the county such sum of money as the board deems reasonable to any literacy program being conducted within the county.

Care of neglected children.The board of supervisors of any county in this state, in its discretion, may donate annually out of any money in the county treasury such sums as the board deems advisable to support any residential group home for the abused, abandoned or neglected children which operates within or serves the county. For the purposes of this paragraph the term “residential group home” means a group residence established to provide care and counseling, and to serve as a home, for children who are the victims of abuse, neglect or abandonment.

Boys and Girls Club.To any chartered chapter of the Boys and Girls Clubs of America located within the county, out of any funds in the county treasury, provided that the cumulative sum of donations to all chapters within the county does not exceed the amount generated in the county by one-fourth (1/4) mill on all of the taxable property within the county, during the fiscal year in which the donations are made. Nothing in this paragraph authorizes the imposition of additional tax.

Mississippi Burn Care Fund.To the Mississippi Burn Care Fund, subject to the limitations specified in Section 21-19-58.

Court Appointed Special Advocates.To any chapter of the Court Appointed Special Advocates (CASA), out of any funds in the county treasury, provided that the cumulative sum of donations to a chapter does not exceed the amount generated in the county by one-fourth (1/4) mill on all of the taxable property within the county, during the fiscal year in which the donations are made. Nothing in this paragraph authorizes the imposition of additional tax.

National Voluntary Organizations Active in Disaster (NVOAD).To a local chapter of NVOAD, whether in-kind contributions or out of any funds in the county treasury, provided that the cumulative sum of donations to a local NVOAD does not exceed the amount generated in the county by one-fourth (1/4) mill on all of the taxable property within the county during the fiscal year in which the donations are made. Nothing in this paragraph authorizes the imposition of additional tax.

Farmers’ markets.The board of supervisors of any county in this state, in its discretion, may donate annually out of any money in the county treasury, such sums as the board deems advisable to support any farmers’ market that is certified by the Mississippi Department of Agriculture and Commerce and operating within the county, not to exceed the amount that would be generated from the levy of a one-fourth (1/4) mill ad valorem tax upon all taxable property in the county.

Young Men’s Christian Association (YMCA).To any chartered chapter of the YMCA located within the county, out of any funds in the county treasury, provided that the cumulative sum of donations to all chapters within the county does not exceed the amount generated in the county by one-fourth (1/4) mill on all of the taxable property within the county, during the fiscal year in which the donations are made. Nothing in this paragraph authorizes the imposition of additional tax.

HISTORY: Codes, Hemingway’s 1917, §§ 3798, 3810, 3811; Hemingway’s 1921 Supp. § 3811c; 1930, § 290 (a-l); 1942, § 2998; Laws, 1908, ch. 134; Laws, 1916, chs. 143, 235; Laws, 1918, ch. 205; Laws, 1920, ch. 289; Laws, 1928, chs. 233, 236; Laws, 1930, chs. 33, 56, 185; Laws, 1938, ch. 299; Laws, 1956, ch. 181; Laws, 1958, ch. 212; Laws, 1962, ch. 251; Laws, 1976, ch. 373; Laws, 1983, ch. 331, § 1; Laws, 1983, ch. 502, § 8; Laws, 1986, ch. 400, § 8; Laws, 1990, ch. 318, § 1; Laws, 1990, ch. 539, § 2; Laws, 1995, ch. 358, § 1; Laws, 2009, ch. 415, § 2; Laws, 2011, ch. 461, § 2; Laws, 2012, ch. 467, § 3; Laws, 2013, ch. 396, § 1, eff from and after July 1, 2013.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the last paragraph in (j). The words “operating as free public library” were changed to “operating as a free public library”. The Joint Committee ratified the correction at its May 20, 1998 meeting.

Amendment Notes —

The 2009 amendment added (r) and (s); and made a minor stylistic change.

The 2011 amendment added (t) and (u).

The 2012 amendment added (v).

The 2013 amendment substituted “Five Thousand Dollars ($5,000.00)” for “One Thousand Dollars ($1,000.00)” preceding “to aid in defraying the cost of the erection” in (k); and added (w).

Cross References —

Duty of Legislature to provide for care of indigent sick, see Miss Const. Art. 4, § 86.

Golden Age Nursing Homes, see §§19-5-31 et seq.

Establishment and operation of libraries, see §§39-3-3,39-3-5.

Construction of articles, see §39-3-23.

The interstate library compact, see §§39-3-201 et seq.

Domestic violence shelters, generally, see §§93-21-101 et seq.

Penalty for unauthorized use of emblems of fraternal organizations, societies, etc., see §97-19-43.

JUDICIAL DECISIONS

1. In general.

County cannot appropriate money to private corporation. Brister v. Leflore County, 156 Miss. 240, 125 So. 816, 1930 Miss. LEXIS 159 (Miss. 1930).

OPINIONS OF THE ATTORNEY GENERAL

The Board of Supervisors of a county cannot grant any donations of public funds or county office and parking space to private non-sectarian charities that are not expressly statutorily enumerated. Walters, Mar. 18, 1992, A.G. Op. #91-0168.

County board of supervisors has no apparent authority to contribute funds for utilities and insurance for building owned by city and leased to non-profit organization which uses it as community center. Cossar, Nov. 25, 1992, A.G. Op. #92-0889.

Although a Drug Task Force may not make a donation of funds or property, the counties and cities making up the Task Force may contribute funds to a domestic violence shelter as they see fit under Sections 19-5-93(o) and 93-21-115. Pacific, June 28, 1995, A.G. Op. #95-0329.

Section 19-5-93 gives the board of supervisors of each county the discretionary authority to make donations for certain purposes; however, there appears to be no authority for the board to make a donation to a private nonprofit corporation. Meek, October 11, 1995, A.G. Op. #95-0644.

The statute does not include the Boy Scouts or the Girl Scouts among the organizations to which county supervisors may donate funds. Carnathan, Oct. 27, 2000, A.G. Op. #2000-0649.

Subsection (q) specifically authorizes counties to make donations to any residential group home for abused, abandoned, or neglected children, and the authority to donate includes the authority to perform and donate the value of in-kind services. Smith, Mar. 9, 2001, A.G. Op. #01-0121.

If a county-owned residential group home for children is closed, any funds existing which are not necessary to satisfy any debts related to its operation may, in the discretion of the county board of supervisors, be transferred to the non-profit corporation, either as consideration of the services to be provided, or as a donation. Barry, Nov. 9, 2001, A.G. Op. #01-0662.

The authority to donate includes the authority to perform and donate in-kind services and, therefore, a county board of supervisors who contracted with a Mississippi nonprofit corporation to provide professional services as a residential group home, could use its equipment and labor to construct a private drive on the property of the nonprofit corporation to provide ingress/egress to it from a public street. Barry, Mar. 29, 2002, A.G. Op. #02-0143.

A county board of supervisors lacks authority to approve a request for a grant submitted by a health service organization that is a proprietorship and not a governmental entity. Dulaney, Sept. 27, 2002, A.G. Op. #02-0563.

Y-CAP, a division of the YMCA, is not a residential group home as defined by Section 19-5-93(q). Jewell, May 9, 2003, A.G. Op. 03-0206.

Because the shelter established by Interfaith Hospitality is not a residential group home as defined by Section 19-5-93(q), therefore, a county board of supervisors does not have the authority to appropriate funds to that organization. Meadows, May 23, 2003, A.G. Op. 03-0221.

A county board of supervisors does not have the authority under this section to appropriate funds to provide financial assistance to a homeless shelter operated by a private non-profit corporation. O’Donnell, July 18, 2003, A.G. Op. 03-0307.

Assistance of a county board of supervisors in the demolition of a part of building and hauling away the debris to aid an early head start center is not a donation within the purview of subsection (p) of this section. Entrekin, July 18, 2003, A.G. Op. 03-0323.

There is no authority for a board of supervisors to make a donation to a private nonprofit corporation. McWilliams, Aug. 8, 2003, A.G. Op.03-0404.

A board of supervisors could not assist a non-profit public purpose corporation in the removal of existing concrete slab foundations on their property. McWilliams, Aug. 22, 2003, A.G. Op. 03-0370.

Nothing in the section authorizes contributions for a private community action agency. Welch, May, 6, 2004, A.G. Op. 04-0174.

No authority is provided by this section for a county to donate funds to a park owned by a private, non-profit corporation. However, a county may lease property for a public park and/or contract for operations of a public park. Chamberlin, Aug. 13, 2004, A.G. Op. 04-0318.

Where transfer of title to a building by a company to a county is followed by temporary retention of possession by the donating company, and the eighteen month possession of the building by the company is presumably far less than the building’s appraisal value, therefore, the possession of the building after transfer would not be an impermissible donation. Crow, Dec. 8, 2006, A.G. Op. 06-0583.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Funds §§ 62, 71, 75.

§ 19-5-95. Aid to fire departments.

  1. The board of supervisors of any county in this state having a population of less than one hundred fifty thousand (150,000), according to the most recent federal census, is hereby empowered and authorized to appropriate out of the county treasury annually a sum not in excess of Two Hundred Fifty Dollars ($250.00) in aid of any fire department for services and protection by such fire department, and, in its discretion, to appropriate out of the county treasury annually a sum not in excess of the amount which would be produced by a levy of one-fourth (1/4) mill on all taxable property within the county in aid of municipal fire departments in the county, or in aid of fire protection districts and volunteer fire departments within the county which meet the requirements set forth in Section 83-1-39(6), but in no event shall the aggregate amount appropriated annually under this section exceed an amount equal to the amount which would be produced by a levy of one-fourth (1/4) mill on all taxable property within the county.
  2. The board of supervisors of any county in this state having a population of one hundred fifty thousand (150,000) or greater, according to the most recent federal census, is hereby empowered and authorized to appropriate out of the county treasury annually a sum not in excess of One Thousand Dollars ($1,000.00) in aid of any fire department for services and protection by such fire department, and, in its discretion, to appropriate out of the county treasury annually a sum not in excess of the amount which would be produced by a levy of three-quarters (3/4) mill on all taxable property within the county in aid of municipal fire departments in the county, or in aid of fire protection districts and volunteer fire departments within the county which meet the requirements set forth in Section 83-1-39(6), but in no event shall the aggregate amount appropriated annually under this section exceed an amount equal to the amount which would be produced by a levy of three-quarters (3/4) mill on all taxable property within the county.
  3. Any appropriation that may be provided as prescribed under this section shall be additional and supplemental to any other funds provided or made available for such purposes under this section or any other section of law and shall not be construed to restrict any such other funds that may be provided to municipal fire departments in the county, fire protection districts and volunteer fire departments within the county which meet the requirements of Section 83-1-39(6).

HISTORY: Codes, 1906, § 370; Hemingway’s 1917, § 3743; 1930, § 234; 1942, § 2912; Laws, 1904, ch. 101; Laws, 1930, ch. 24; Laws, 1981, 1st Ex Sess, ch. 7; Laws, 2017, ch. 405, § 1, eff from and after passage (approved Apr. 5, 2017).

Amendment Notes —

The 2017 amendment, effective April 5, 2017, in (1), inserted “having a population of less than one hundred fifty thousand (150,000), according to the most recent federal census” and “fire protection districts and,” and substituted “Section 83-1-39(6)” for “Section 83-1-39(2)”; and added (2) and (3).

Cross References —

Fire truck acquisition assistance program, see §§19-23-1.

“County volunteer fire department fund,” see §83-1-39.

OPINIONS OF THE ATTORNEY GENERAL

Insurance for volunteer fire department trucks may be paid out of insurance rebate monies paid to the private nonprofit volunteer fire departments in accordance with “fire protection service contracts” and the requirements of Section 83-1-39(6). See also, Section 19-5-95. Breland, February 15, 1995, A.G. Op. #95-0020.

An appropriation authorized under Section 19-5-95 may not be appropriated from the Road and Bridge Maintenance Fund. Meek, January 5, 1996, A.G. Op. #95-0858.

A county supervisor can not pay a yearly amount to a volunteer fire department for maintenance and upkeep of the grounds, although the board of supervisors can do so. Farese, April 17, 1998, A.G. Op. #98-0203.

A county may not purchase property damage insurance on equipment and/or vehicles owned by the county volunteer fire departments through the use of the county’s general fund or the county volunteer fire departments fund. Creekmore, Nov. 30, 2004, A.G. Op. 04-0560.

There is no express authority for a county to directly reimburse volunteer firemen for mileage in responding to fires within the county. However, the proceeds from the fire protection service contract may be used by a county fire district to reimburse volunteer firemen for mileage in responding to fires within the county. Mills, Nov. 30, 2004, A.G. Op. 04-0564.

§ 19-5-97. Purchase, operation and maintenance of fire trucks and other fire fighting equipment.

The board of supervisors of any county who find that the public interest of the county, or any supervisors’ district or districts within the county, will be conserved thereby, may purchase, operate, and maintain fire trucks, pumps, tanks, trailers, fire hose, fire extinguishers, and other fire fighting equipment, and may contract with one or more towns or municipalities in the county for keeping and storing same, or any part of same, and assisting in the use and operation thereof. Such board may pay its part of the cost of such purchasing, operation and maintenance from the general fund of the county if the entire county participates in the provisions of this section, or from a special fund to be known as the “Fire Prevention Fund” if less than all five districts participate. The board is empowered to authorize the participation of either the entire county or any district or districts whose public interests will be conserved thereby.

HISTORY: Codes, 1942, § 2912.3; Laws, 1968, ch. 283, § 1, eff from and after passage (approved June 21, 1968).

Cross References —

Fire truck acquisition assistance program, see §§19-23-1.

County volunteer fire department fund, see §83-1-39.

OPINIONS OF THE ATTORNEY GENERAL

A county may establish a fire department, regardless of whether it is a paid department or a volunteer department; a county-established volunteer fire department need not be incorporated, but may act as an arm of county government. Clements, Apr. 5, 2002, A.G. Op. #02-0108.

Personnel decisions regarding a county fire department, including hiring, firing and disciplinary matters, must be performed in accordance with procedures adopted by the county in its countywide personnel system. Nowak, Aug. 4, 2006, A.G. Op. 06-0325.

A county fire department does not have jurisdiction within the boundaries of municipalities since, pursuant to Section 21-25-3, a municipality has a duty to provide fire protection within the corporate limits. Nowak, Aug. 4, 2006, A.G. Op. 06-0325.

A county fire department must first obtain approval of an interlocal agreement in accordance with Sections 17-13-1 et seq., before it may provide fire protection services in an area served by a fire protection district established pursuant to Sections 19-5-151 et seq. Nowak, Aug. 4, 2006, A.G. Op. 06-0325.

A county fire department, and by extension the board of supervisors, would not have the authority to render fire protection services in an area currently served by a fire protection district. The county could enter into an interlocal agreement to assist the district when requested. Nowak, Aug. 4, 2006, A.G. Op. 06-0325.

No provision of state law can be found prohibiting the use of county general funds to fund a county fire department. Nowak, Aug. 4, 2006, A.G. Op. 06-0325.

A county would be authorized to use the tax revenue generated by Section 83-1-39(5)(d) to fund a county fire department. Nowak, Aug. 4, 2006, A.G. Op. 06-0325.

A county fire department would be authorized to receive a portion of fire insurance rebate money. Nowak, Aug. 4, 2006, A.G. Op. 06-0325.

§ 19-5-99. Establishment of economic development districts.

  1. Subject to the provisions of Section 19-9-111, the board of supervisors of any county in the State of Mississippi, in its discretion, by order duly entered on its minutes, may establish economic development districts comprising all of the county, or one or more supervisors districts of the county, or may establish such economic development districts in cooperation with one or more other counties or with municipalities or with other local and private economic development groups. The board of supervisors may do everything within its power to secure and further industrial development of the county or counties or district, to advertise the natural resources and possibilities of the same, and to maintain and support the same.

    All monies collected for the support and maintenance of such economic development district, in accordance with the tax levy provided in Section 19-9-111, shall be placed in the county treasury to the credit of the county or district economic development fund and shall be expended as other public funds are expended, and in which event the employees of such economic development district shall be employees of the county and considered as such. In addition to such funds provided by taxation, the board of supervisors of such county may accept gifts, gratuities and donations from municipalities in such districts and from any persons, firms or corporations desiring to make such donations. Such appropriation, gift or donation shall also be placed in the county treasury and be expended in the support and maintenance of such district.

    At the option of such board of supervisors, or boards of supervisors if more than one (1) county is embraced in such economic development district, it may provide for the management of such economic development district by appointing not more than twenty-five (25) nor less than five (5) trustees, or if a multicounty district not more than five (5) trustees per participating county, who shall be qualified electors residing within such economic development district, to manage the affairs of such district, and in which event the funds made available by the county or counties for the support and maintenance of such economic development district may be expended by a majority vote of such trustees so appointed to manage such economic development district. Each trustee who is an officer of the economic development district shall qualify by giving bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to Fifty Thousand Dollars ($50,000.00), the premiums on all such surety bonds being paid by such economic development district. If this option is exercised and such districts operated and maintained under this paragraph, then in such event the employees of such economic development district shall not be considered as employees of the county for state retirement or any other purposes.

    All funds secured and expended under the provisions of this section shall be public funds and the Auditor of Public Accounts of the State of Mississippi shall audit the same as other public funds are now audited.

    Notwithstanding any provision of this section to the contrary, the board of supervisors of a county having therein an economic development district established under this section or any other law and the governing authorities of any municipality located within the economic development district in such county may enter into a contract providing for the contribution of funds by the municipality or other local and private economic development groups to the economic development district and providing for the appointment by the municipal governing authorities or other local and private economic development groups of a number of trustees, as determined by the parties to the contract, to assist in the management of the district. In like manner, any economic or industrial development foundation or private economic development group may enter into a contract with the board of supervisors of the county or jointly with the board of supervisors of the county and municipal governing authorities providing for the contribution of funds by the economic or industrial development foundation or private economic development group to the economic development district and providing for the appointment by the officials or governing board of the foundation of a number of trustees, as determined by the parties to the contract, to assist in the management of the district.

  2. Any economic development district established under this section may, when suitable office space is not otherwise available, purchase and acquire title to real estate within the district and make any improvements thereon to provide the office space it considers necessary for efficient operation of such district. Provided, however, that no contract or agreement for the exclusive listing, sale or representation for sale of publicly owned property shall be entered into by such economic development districts with any real estate broker or brokers.
    1. Any economic development district established under this section shall have the authority to acquire by gift, purchase or otherwise, and to own, hold, maintain, control and develop real estate situated within the county or counties comprising such district for the development, use and operation of industrial parks or other industrial development purposes. The district is further authorized and empowered to engage in works of internal improvement therefor including, but not limited to, construction or contracting for the construction of streets, roads, railroads, spur tracks, site improvements, water, sewerage, drainage, pollution control and other related facilities necessary or required for industrial development purposes or the development of industrial park complexes; to acquire, purchase, install, lease, construct, own, hold, equip, control, maintain, use, operate and repair other structures and facilities necessary and convenient for the planning, development, use, operation and maintenance of an industrial park or parks or for other industrial development purposes, including, but not limited to, utility installations, elevators, compressors, warehouses, buildings and air, rail and other transportation terminals and pollution control facilities.
    2. Contracts for the construction, improvement, equipping or furnishing of an industrial site and improvements thereon as authorized in this section shall be entered into upon the basis of public bidding under Section 31-7-1 et seq.
  3. For the development of such projects, the board of supervisors of any county that establishes an economic development district under this section or that establishes an economic development district in cooperation with one or more other counties, or municipalities or other local and private economic groups, may, upon receipt of a resolution duly adopted by the trustees of such district, issue, secure and manage its bonds in the manner prescribed by Sections 19-9-5, 19-9-7, 19-9-9, 19-9-11, 19-9-13, 19-9-15, 19-9-17, 19-9-19, 19-9-21, 19-9-23, 19-9-25 and 19-9-29. Such bonds shall be sold in accordance with the provisions of Section 31-19-25. The full faith, credit and resources of the county shall be irrevocably pledged for the payment of the principal of and interest on the bonds issued under this section. Any income derived from the sale or lease of the property authorized to be acquired under this section shall be applied in one or more of the following manners: (a) the retirement of bonds authorized to be issued under this section; (b) further improvement or development of such industrial parks or other related industrial development activities; or (c) payment into the general fund of the county to be used for any lawful purpose. Any amounts so paid into the general fund shall be included in the computation of total receipts and subject to the restrictions of Section 27-39-321. The board of supervisors may covenant with or for the benefit of the registered owners of any bonds issued under this section with respect to the application of any or all of such income and shall, by resolution adopted before or promptly after receipt of any such income, determine, in its discretion subject only to the restrictions set forth above and any covenants made to or for the benefit of any registered owners of bonds issued under this section, the manner in which such income shall be applied.

    The bonds authorized by this section and the income therefrom shall be exempt from all taxation in the State of Mississippi; however, any lessee or purchaser shall not be exempt from ad valorem taxes on industrial sites and improvements thereon unless otherwise provided by the general laws of this state, and purchases required to establish the project and financed by bond proceeds shall not be exempt from taxation in the State of Mississippi.

  4. Economic development districts established under this section are authorized and empowered:
    1. To sell, lease, trade, exchange or otherwise dispose of industrial sites or rail lines situated within industrial parks to individuals, firms or corporations, public or private, for industrial and warehouse use, as well as the Mississippi Military Department or Mississippi National Guard for military use, upon such terms and conditions, and for such considerations, with such safeguards as will best promote and protect the public interest, convenience and necessity, and to execute deeds, leases, contracts, easements and other legal instruments necessary or convenient therefor. Any industrial lease may be executed by the district upon such terms and conditions and for such monetary rental or other considerations as may be found to be in the best interest of the public, upon an order or resolution being spread upon the minutes of the district authorizing same.
    2. To sue and be sued in their own name.
    3. To fix and prescribe fees, charges and rates for the use of any water, sewerage, pollution control or other facilities constructed and operated in connection with an industrial park or parks and to collect same from persons, firms and corporations using the same for industrial, warehouse and related purposes and are further empowered to deny or terminate such services for nonpayment of said fees, charges or rates by the users of said services.
    4. To employ engineers, attorneys, accountants, consultants, licensed real estate brokers and appraisers, and such executive and administrative personnel as shall be reasonably necessary to carry out the duties and authority authorized by this section with funds available for such purposes. Such districts may also contribute money directly to the development and cost of operation of any industrial development foundation or other private economic development group in the county.
  5. Any county board of supervisors authorized to issue bonds under this section is hereby authorized, either separately or jointly with the governing authority of any municipality within the county, to acquire, enlarge, expand, renovate or improve an existing building or buildings located in the county or municipality and to issue bonds for such purpose in the manner provided by this section.
  6. Economic development districts established under the provisions of a local and private act enacted before July 1, 1997, are authorized and empowered to employ engineers, attorneys, accountants, consultants, licensed real estate brokers and appraisers, and such executive and administrative personnel as shall be reasonably necessary to carry out the duties and authority authorized by this section, or by such local and private act, with funds available for such purposes.
  7. The enumeration of any specific rights and powers contained in this section 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 section.

HISTORY: Codes, 1942, § 2911.3; Laws, 1960, ch. 187.5; Laws, 1962, ch. 254, §§ 1-5; 976, ch. 439; Laws, 1978, ch. 451, § 1; Laws, 1983, ch. 539; Laws, 1984, ch. 495, § 13; Laws, 1985, ch. 441, § 1; reenacted and amended, 1985, ch. 474, § 22; Laws, 1986, ch. 304; Laws, 1986, ch. 438, § 7; Laws, 1986, ch. 458, § 17; Laws, 1987, ch. 483, § 12; Laws, 1988, ch. 442, § 9; Laws, 1988, ch. 458; Laws, 1989, ch. 537; Laws, 1990, ch. 518, § 9; Laws, 1991, ch. 618, § 9; Laws, 1992, ch. 491 § 10; Laws, 1993, ch. 425, § 1; Laws, 1994, ch. 423, § 1; Laws, 1997, ch. 492, § 1, eff from and after July 1, 1997; Laws, 2019, ch. 333, § 1, eff from and after July 1, 2019; brought forward without change, Laws, 2019, ch. 363, § 4, eff from and after July 1, 2019.

Joint Legislative Committee Note —

Section 1 of Chapter 333, Laws of 2019, effective July 1, 2019 (approved March 15, 2019), amended this section. Section 4 of Chapter 363, Laws of 2019, effective July 1, 2019 (approved March 21, 2019), brought this section forward without change. Since Section 4 of Chapter 363 made no changes to the section text, there is nothing to be integrated, and the section as set out above reflects the language of Section 1 of Chapter 333, Laws of 2019.

Editor's Notes —

Laws of 1986, ch. 458, § 48, provided that §19-5-99 would stand repealed from and after October 1, 1989. Subsequently, Laws of 1986, chapter 458, § 48, was amended by three 1989 chapters (341, 342, and 343), which deleted the date for repeal.

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor's functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Amendment Notes —

The first 2019 amendment (ch. 333) inserted “as well as the Mississippi Military Department or Mississippi National Guard for military use” in (5)(a).

The second 2019 amendment (ch. 363) brought the section forward without change.

Cross References —

County and municipal appropriations to planning and development districts, see §17-19-1.

Industrial parks or districts generally, see §§57-5-1 et seq.

Development of airport land, or other land, for industrial purposes, see §§57-7-1 et seq.

JUDICIAL DECISIONS

1. In general.

Economic development districts are not prohibited to enter into a “lease intended for security,” where such terms are in the best interests of the public and serve a public purpose. American Gen. Aircraft Corp. v. Washington County Economic Dev. Dist. (In re American Gen. Aircraft Corp.), 190 B.R. 275, 1995 Bankr. LEXIS 1896 (Bankr. N.D. Miss. 1995).

OPINIONS OF THE ATTORNEY GENERAL

Legislature intended to allow Economic Development District to equip building with industrial equipment as part of incentive in developing and promoting industry in industrial park; proceeds from bond issue may be used for purpose of acquiring project. Younger, June 18, 1990, A.G. Op. #90-0410.

Governing authority for Copiah County Economic Development District has requisite authority to acquire manufacturing facility after its construction, and authority to lease facility back to industry without solicitation of competitive bids. Bourgeois, Sept. 25, 1990, A.G. Op. #90-0702.

Unexpended proceeds from Bond and Interest Fund may not be transferred to Construction Fund created under bond resolution and used for costs of locating new industry on purchased land. Harris, August 12, 1992, A.G. Op. #92-0562.

An economic development district, under 19-5-99, is a conduit for the administration of local funds. An economic development district does not have authority to forgive a debt. Elliott, May 18, 1995, A.G. Op. #95-0311.

A municipality may make a donation under Section 19-5-99 to an economic development district without first presenting the issue to taxpayers. Horne, June 28, 1996, A.G. Op. #96-0329.

Section 19-5-99 authorizes gifts, gratuities and donations from municipalities, people, firms or corporations, but does not limit the type or amount of any such donation. Horne, June 28, 1996, A.G. Op. #96-0329.

If the County Industrial Board is established under Section 19-5-99 which allows counties to establish economic development districts, then the county board of supervisors has the power to accept gifts, gratuities and donations from municipalities in such districts and from any persons, firms or corporations desiring to make such donations. Such appropriation, gift or donation shall also be placed in the county treasury and be expended in the support and maintenance of such district. Reeves, December 6, 1996, A.G. Op. #96-0769.

Other than specific situations specified by statute, there is no statutory authority which would permit a municipality to enter into an interlocal agreement with a county whereby the two entities could jointly carry out the flood control and drainage activities on the described property; the best course of action may be for the city and county to pursue local and private legislation approving the property in question as an industrial park and authorizing the work necessary to address the potential flooding issue. Prichard, January 15, 1998, A.G. Op. #97-0784.

Quitman County may acquire property from a school district that it will in turn convey to an economic development district which will lease the property to a private assisted living facility because the conveyance will promote the general welfare goals of the statute. Scripper, March 20, 1998, A.G. Op. #98-0129.

Where the Lauderdale County Economic Development District furnishes materials, or funds to furnish materials, the city has authority to provide labor and equipment to perform work in a public right-of-way so long as the city supervises and controls the project. Hammack, April 3, 1998, A.G. Op. #98-0153.

A board of supervisors may, upon a finding of fact consistent with Miss. Code Section 19-7-3, encompassed in an order spread upon its minutes, lease real property without consideration to an economic development district created by a board of supervisors pursuant to Section 19-5-99. Webb, May 15, 1998, A.G. Op. #98-0246.

Trustees of an economic development district created pursuant to the statute do not have to submit every decision or expenditure to the board of supervisors for approval; funds in the county treasury for the use and benefit of the economic development district are subject to the decisions of the trustees without prior approval of the supervisors. Walley, March 19, 1999, A.G. Op. #99-0124).

Economic development districts created pursuant to this section are subject to the public purchasing laws codified at §§31-7-1 et seq. Walley, March 19, 1999, A.G. Op. #99-0124.

Subsection (5)(d) of this section allows an economic development district to not only hire employees but to pay them compensation and to provide for them health insurance and retirement or pension benefits. Walley, April 23, 1999, A.G. Op. #99-0157.

A county board of supervisors may only establish and construct a jail upon land owned by the county itself in fee simple, and may not establish and construct a jail upon land belonging to an economic development district even though the economic development district was created by and is a subdivision of the county. Smith, April 7, 2000, A.G. Op. #2000-1080.

A county may not issue bonds or use bond proceeds to equip or retrofit equipment for a facility located in another county. Clements, Apr. 6, 2001, A.G. Op. #01-0160.

As long as acquisition of an existing building by an economic development district is for one of the enumerated purposes stated in subsection (3)(a) of this section, there is no statutory requirement for solicitation of competitive bid; however, a district may not avoid the bidding requirements of subsection (3)(b) of this section by conveying property to an economic development association partially funded by it and then repurchasing the property after the association has constructed a building on it. Webb, Sept. 20, 2002, A.G. Op. #02-0520.

The board of aldermen of a city may lease property to an economic development district without consideration; however, the lease is voidable at the option of the next board of aldermen. Phillips, Apr. 25, 2003, A.G. Op. 03-0189.

A city may donate real property and/or real property containing an industrial building to an economic development district created pursuant to Section 19-5-99 without payment of consideration. Phillips, Apr. 25, 2003, A.G. Op. #03-0189.

There is no authority for an economic development district created by a county board of supervisors to donate the use of property received from the city to a private industry without consideration. Phillips, Apr. 25, 2003, A.G. Op. #03-0189.

If an economic development district finds and spreads upon its minutes a determination that consideration which is less than the appraised value and less that the total amount invested in a site is good and valuable consideration and would best promote and protect the public interest, then transfer of the site to a private industry is permissible. Lawrence, May 30, 2003, A.G. Op. 03-0230.

A site obtained by means of general obligation bonds may be transferred while these bonds are still outstanding; however, the proceeds of the proposed lease/sale must be applied to the retirement of the bonds pursuant to Section 19-5-99. Lawrence, May 30, 2003, A.G. Op. 03-0230.

A county economic development authority may not sponsor a political rally. White, July 11, 2003, A.G. Op. 03-0329.

Planning and Development Districts are either public entities or instrumentalities of political subdivisions of the state and, as such, are subject to audit by the State Auditor. McLeod, Nov. 26, 2003, A.G. Op. 03-0573.

If a board of supervisors itself elects to manage an economic development district, then the board may hire a director who would be a county employee. Fortier, Apr. 2, 2004, A.G. Op. 04-0115.

If a board of supervisors creates an economic development district and chooses to appoint trustees to manage the district, then any director hired by the trustees would not be a county employee. Fortier, Apr. 2, 2004, A.G. Op. 04-0115.

If a board of supervisors elects to manage an economic development district itself, then the board may assign the director of the district to work with a county development foundation if the board finds, as reflected by an order entered on the minutes, that it is necessary to fulfill the purposes of this section. Fortier, Apr. 2, 2004, A.G. Op. 04-0115.

An economic development district may donate a piece of property in the district’s industrial park, owned by the economic development authority, to a new industry that will be constructing a processing plant with its own funds. However, the district may, upon a finding of fact encompassed in an order spread upon its minutes, transfer the property to the industry upon such terms and conditions as it determines constitute good and valuable consideration and best promotes and protects the public interest. Williams, May 21, 2004, A.G. Op. 04-0196.

Funds received from the sale of property owned by a county economic development district may be transferred into the general fund of the county to be used for any lawful purpose as set forth in subdivision (4)(c) of this section when there is no bonded indebtedness on the property. Webb, Nov. 5, 2004, A.G. Op. 04-0523.

There is no statutory authority for an economic development district to set up a non-profit corporation to accept donations. McMillan, Nov. 19, 2004, A.G. Op. 04-0558.

Governing authorities of a city and county could lease a building owned by an economic development district for general governmental purposes until needed for an industrial development purpose. Allen, Apr. 11, 2006, A.G. Op. 06-0052.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions § 184.

§ 19-5-101. Establishment of juvenile residential treatment centers.

The board of supervisors of each county shall have the power to expend monies from the county general fund to match any other funds for the purpose of establishing juvenile residential treatment centers including, but not limited to, treatment centers and half-way houses.

HISTORY: Codes, 1942, § 7185-31; Laws, 1972, ch. 514, § 1, eff from and after passage (approved May 22, 1972).

Cross References —

Establishment of residential treatment centers, see §21-19-65.

RESEARCH REFERENCES

ALR.

Institution for the punishment or rehabilitation of criminals, delinquents, or alcoholics as enjoinable nuisance. 21 A.L.R.3d 1058.

Am. Jur.

8 Am. Jur. Pl & Pr Forms (Rev), Death, Form 8.1 (complaint, petition or declaration – action against half-way house – wrongful death due to inadequate supervision of inmate).

§ 19-5-103. Regulation of massage parlors and public displays of nudity.

  1. In accordance with the provisions of Section 19-3-4l, providing that additional powers may be conferred upon the boards of supervisors, the board of supervisors of any county bordering on the Gulf of Mexico and having two (2) judicial districts and the board of supervisors of any county adjacent to any county of this or any adjoining state wherein is located a city having a population in excess of two hundred thousand (200,000), according to the latest federal census, are hereby empowered to promulgate, adopt and enforce ordinances which are necessary and reasonable for the protection of public health and the maintenance of order in relation to the advertisement, the offering of services and the dispensation for compensation of personal services in establishments known as massage parlors and to promulgate, adopt and enforce ordinances which are necessary and reasonable for the protection of public health and the maintenance of order in relation to public displays of nudity.
  2. For the purposes of this section, the term “massage parlor” shall mean any premises where a person manipulates, rubs, caresses, touches, massages, kneads, palpates or otherwise physically contacts the body or part or area of the body of another person. The term “massage parlor” shall not include gymnasia or other premises wherein persons engage in bona fide athletic or conditioning activities, duly licensed barbershop, beauty parlor, chiropractic clinic or other premises of a person practicing a vocation or profession regulated and licensed by the state.

    For the purposes of this section, the term “nudity” means uncovered, or less than opaquely covered, postpubertal human genitals, pubic areas, the postpubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and areola only are uncovered, however, the term “nudity” does not include a woman’s breast-feeding of her child whether or not the breast or any part of it is exposed as any element of breast-feeding.

    For the purposes of this section, the term “public display” means the exposing, exhibiting, revealing, or in any fashion displaying the nude human body or any representation thereof in any location in such a manner that it may be readily seen by the public by normal unaided vision and the term also means any play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity or sexual conduct.

  3. Ordinances adopted pursuant to this section shall comport with the elements of due process and shall include but not be limited to specificity, adequate notice, right to hearing, right to counsel, right to appeal adverse findings to a judicial authority and penalties rationally related to prohibited acts.
  4. Boards of supervisors proposing such ordinances shall publish and post notice of such intentions not less than twenty (20) days prior to the holding of a public hearing whereat the purposes and substance of such ordinances shall be fully discussed.

HISTORY: Laws, 1977, ch. 460; Laws, 1981, ch. 331, § 1; Laws, 2006, ch. 520, § 4, eff from and after passage (approved Apr. 3, 2006.).

Amendment Notes —

The 2006 amendment added “however, the term ‘nudity’ does not include a woman’s breast-feeding of her child whether or not the breast or any part of it is exposed as any element of breast-feeding” at the end of the second paragraph of (2); and made minor stylistic changes throughout.

Cross References —

Authority of board of supervisors to promulgate, adopt and enforce ordinances to regulate establishments where public displays of nudity are present, see §19-5-104.

Cleaning private property generally, see §21-19-11.

Crimes against public morals and decency generally, see §§97-29-1 et seq.

Strip clubs prohibited within one-fourth mile of church, school, kindergarten, or courthouse, see §97-29-65.

RESEARCH REFERENCES

ALR.

Regulation of masseurs. 17 A.L.R.2d 1183.

Validity of procedures designed to protect the public against obscenity. 5 A.L.R.3d 1214.

Operation of nude-model photographic studio as offense. 48 A.L.R.3d 1313.

Topless or bottomless dancing or similar conduct as offense. 49 A.L.R.3d 1084.

Validity and construction of statute or ordinance forbidding treatment in health clubs or massage salons by persons of the opposite sex. 51 A.L.R.3d 936.

Pornoshops or similar places disseminating obscene materials as nuisance. 58 A.L.R.3d 1134.

Am. Jur.

10 Am. Jur. Trials, Obscenity Litigation §§ 1 et seq.

§ 19-5-104. Regulation of establishments where public displays of nudity are present.

  1. In accordance with the provisions of Section 19-3-41, providing that additional powers may be conferred upon the board of supervisors of any county, the board of supervisors of any county are hereby empowered to promulgate, adopt and enforce ordinances which are necessary and reasonable for the regulation of establishments where public displays of nudity are present.
  2. For the purposes of this section the terms “nudity” and “public display” shall have the same meanings as those terms are defined in Section 19-5-103.
  3. Ordinances adopted pursuant to this section shall comport with the elements of due process and shall include, but not be limited to, specificity, adequate notice, right to hearing, right to counsel, right to appeal adverse findings to a judicial authority and penalties rationally related to prohibited acts.
  4. Boards of supervisors proposing such ordinances shall publish and post notice of such intentions not less than twenty (20) days prior to the holding of a public hearing whereat the purposes and substance of such ordinances shall be fully discussed.

HISTORY: Laws, 2010, ch. 355, § 1, eff from and after July 1, 2010.

Cross References —

Regulation of massage parlors and public displays of nudity, see §19-5-103.

§ 19-5-105. Cleaning private property; notice to property owner; hearing; lien.

To determine whether property or a parcel of land located within a county is in such a state of uncleanliness as to be a menace to the public health, safety and welfare of the community, the board of supervisors of any county is authorized and empowered to conduct a hearing on its own motion, or upon the receipt of a petition requesting the board of supervisors to act signed by a majority of the residents eighteen (18) years of age or older, residing upon any street or alley, within reasonable proximity of any property alleged to be in need of cleaning, or within seven hundred fifty (750) feet of the precise location of the alleged menace situated on any parcel of land which is located in a populated area or in a housing subdivision and alleged to be in need of cleaning.

Notice shall be provided to the property owner by:

United States mail two (2) weeks before the date of the hearing mailed to the address of the subject property and to the address where the ad valorem tax notice for such property is sent by the office charged with collecting ad valorem tax; and

Posting notice for at least two (2) weeks before the date of a hearing on the property or parcel of land alleged to be in need of cleaning and at the county courthouse or another place in the county where such notices are posted.

The notice required by this section shall include language that informs the property owner that an adjudication at the hearing that the property or parcel of land is in need of cleaning will authorize the board of supervisors to reenter the property or parcel of land for a period of one (1) year after the hearing without any further hearing, if notice is posted on the property or parcel of land and at the county courthouse or another place in the county where such notices are generally posted at least seven (7) days before the property or parcel of land is reentered for cleaning. A copy of the required notice mailed and posted as required by this section shall be recorded in the minutes of the board of supervisors in conjunction with the hearing required by this section.

If at such hearing the board of supervisors shall in its resolution adjudicate such parcel of land in its then condition to be a menace to the public health and safety of the community, the board of supervisors may, if the owner not do so himself, proceed to have the land cleaned by cutting weeds, filling cisterns, and removing rubbish, dilapidated fences, outside toilets, dilapidated buildings and other debris, and draining cesspools and standing water. Thereafter, the board of supervisors may at its next regular meeting by resolution adjudicate the actual cost of cleaning the land and may also impose a penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) or fifty percent (50%) of the actual cost, whichever is more. The cost and any penalty shall become an assessment against the property. The “cost assessed against the property” means either the cost to the county of using its own employees to do the work or the cost to the county of any contract executed by the county to have the work done, and administrative costs and legal costs of the county.

A county may reenter the property or parcel of land to maintain cleanliness without further notice of hearing no more than six (6) times in any twelve-month period with respect to removing dilapidated buildings, dilapidated fences and outside toilets, and no more than twelve (12) times in any twenty-four-month period with respect to cutting grass and weeds and removing rubbish, personal property and other debris on the land. The expense of cleaning the property shall not exceed an aggregate amount of Twenty Thousand Dollars ($20,000.00) per year, or the fair market value of the property subsequent to cleaning, whichever is less. The board of supervisors may assess the same penalty each time the property or land is cleaned as otherwise provided in this section.

The penalty provided herein shall not be assessed against the State of Mississippi upon request for reimbursement under Section 29-1-145, nor shall a county clean a parcel owned by the State of Mississippi without first giving notice.

The assessment authorized by this section shall be a lien against the property and may be enrolled in the office of the circuit clerk of the county as other judgments are enrolled, and the tax collector of the county shall, upon order of the board of supervisors, proceed to sell the land to satisfy the lien as now provided by law for the sale of lands for delinquent taxes. Furthermore, the property owner whose land has been sold pursuant to this section shall have the same right of redemption as now provided by law for the sale of lands for delinquent taxes. All decisions rendered under the provisions of this section may be appealed in the same manner as other appeals from county boards.

HISTORY: Laws, 1983, ch. 459; Laws, 1996, ch. 332, § 1; Laws, 2012, ch. 366, § 1, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment rewrote the section.

Cross References —

Municipal power as to cleaning of private property, see §21-19-11.

OPINIONS OF THE ATTORNEY GENERAL

The authority granted the county by Section 19-5-105 may be exercised only in the areas of the county which are not within the corporate limits of a municipality. Smith, October 18, 1995, A.G. Op. #95-0696.

Notice must be given according to the terms of Section 19-5-105, personal service would not suffice. Walters, October 4, 1996, A.G. Op. #96-0635.

For the abatement of public health nuisances, a county may proceed under this section or notify the state board of health of the nuisance pursuant to §41-23-13, and the county may consider passing an ordinance pursuant to §19-5-9, which allows for the adoption of codes dealing with general public health, safety or welfare. Fillingane, Oct. 25, 2002, A.G. Op. #02-0586.

This section is sufficient authority for a county to remove inoperable, junk vehicles under the circumstances proscribed in the section, and where the county has found that same constitutes a menace to the public health and safety. Shaw, July 7, 2003, A.G. Op. 03-0298.

If registered mail sent to the property owner pursuant to Miss. Code Ann. §19-5-105, which requires service on the property owner by registered mail, return receipt requested, receipted by addressee only, is refused by the addressee, and is marked by the Postal Service as “Refused” as described in Miss. R. Civ. P. 4(f), then such notice satisfies the service requirements of Miss. Code Ann. §19-5-105. Meadows, February 2, 2007, A.G. Op. #07-00012, 2007 Miss. AG LEXIS 8.

RESEARCH REFERENCES

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and other Political Subdivisions §§ 398, 400-403, 406, 407.

Local Government Solid Waste Collection and Disposal Assistance Act of 1994

§ 19-5-107. Short title; purpose.

This act [Laws, 1994, ch. 624] shall be known as the “Local Government Solid Waste Collection and Disposal Assistance Act of 1994” and is in response to concerns expressed by the Mississippi Municipal Association, the Mississippi Association of Supervisors and local governmental officials about their ability to provide solid waste management services in accordance with federal law and regulations without imposing an undue and inequitable financial burden on county and municipal residents.

HISTORY: Laws, 1994, ch. 624, § 1, eff from and after July 1, 1994.

§ 19-5-109. Estimation of cost of garbage collection and disposal services; means of meeting costs; effect on contracts.

  1. Each county and municipality shall make a good faith effort to estimate the cost of garbage and rubbish collection and disposal services. These costs may be met, in amounts necessary to defray the cost of the system, by any combination of generator fees, ad valorem tax revenues as authorized under Section 19-5-21 or Section 21-19-2, or county or municipal special funds as authorized under Section 19-5-21 or 21-19-2.
  2. Nothing in Chapter 624, Laws of 1994, shall be construed to abrogate or cancel any contract that a county or a municipality has entered into for garbage or rubbish collection or disposal. If a county or municipality entered into a contract before April 1, 1994, and the term or period of performance of that contract does not exceed five (5) years, the county or municipality may continue to levy the ad valorem tax assessment in effect before April 1, 1994, to honor the contract for the term of that contract.

HISTORY: Laws, 1994, ch. 624, § 2; Laws, 1996, ch. 536, § 3; Laws, 1997, ch. 423, § 3, eff from and after passage (approved March 24, 1997).

Editor’s Notes —

The code sections affected by Laws, 1994, ch. 624, referenced in subsection (2) are §§19-5-107,19-5-109,19-5-18,19-5-21,19-5-22 and21-19-2.

OPINIONS OF THE ATTORNEY GENERAL

General funds may be used to repair, operate and maintain equipment on the general county inventory, but the county may not use general funds to repair, operate, maintain or purchase equipment and trucks to collect and haul rubbish from ditches as part of the county’s rubbish disposal system. Bailey, Dec. 12, 1997, A.G. Op. #97-0738.

Subsection (1) clearly permits counties to meet the costs of garbage and rubbish collection services by any combination of generator fees, ad valorem taxes as statutorily authorized, or special funds as statutorily authorized. Snyder, March 17, 2000, A.G. Op. #2000-0136.

A municipality has the authority to enter into contracts with a county that would enable the municipality to utilize the county landfill, and as such, the municipality is authorized to pay a “tipping” fee, or “gate” fee for the use of that landfill; the power of a county to grant exemptions for certain classes of “generators” would not affect the authority of the municipality to pay such a fee, and, further, that the municipality is not a “generator” of garbage or rubbish would be of no relevance to the payment of any such fee charged by the county. Davis, Sept. 6, 2002, A.G. Op. #02-0491.

Water, Sewer, Garbage Disposal, and Fire Protection Districts

§ 19-5-151. Incorporation of districts authorized.

  1. Any contiguous area situated within any county of the state, and not being situated within the corporate boundaries of any existing municipality, and having no adequate water system, sewer system, garbage and waste collection and disposal system, or fire protection facilities serving such area, may become incorporated as a water district, as a sewer district, as a garbage and waste collection and disposal district, as a fire protection district, as a combined water and sewer district, as a combined water and garbage and waste collection and disposal district, as a combined water and fire protection district, or as a combined water, sewer, garbage and waste collection and disposal and fire protection district, in the manner set forth in the following sections.
  2. If the certificated area of a nonprofit, nonshare corporation chartered under the Mississippi Nonprofit Corporation Act for the purpose of owning and operating rural waterworks lies in one county, the corporation may become incorporated as a water district in the manner set forth in Section 19-5-153(3). If the nonprofit, nonshare corporation’s certificated area lies in more than one (1) county, the procedure in Section 19-5-164 shall be used.

HISTORY: Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1; Laws, 1999, ch. 304, § 1; Laws, 2008, ch. 306, § 1, eff from and after passage (approved Mar. 17, 2008.).

Amendment Notes —

The 2008 amendment, in the first sentence of (2), substituted “If the certificated area of a nonprofit” for “Any contiguous area situated within any county of the state, not situated within the corporate boundaries of an existing municipality and being served by a nonprofit” and “rural waterworks lies in one county, the corporation may become incorporated” for “rural waterworks, may become incorporated.”

Cross References —

County establishment of rubbish and garbage disposal systems, see §§19-5-17 through19-5-27.

Powers of fire protection districts created under provisions of §§19-5-151 through19-5-207, see §19-5-175.

Area of application of general powers and duties of fire protection grading district commissioners, see §19-5-167.

Dissolution of board of commissioners of fire protection district created under this section, see §19-5-167.

Exemption from highway privilege taxes of buses owned by school districts or motor vehicles owned by fire protection district incorporated pursuant to sections19-5-51 through19-5-207, see §27-19-27.

Exemption of all motor vehicles owned by fire protection districts incorporated pursuant to sections19-5-151 through19-5-207 from ad valorem taxes, see §27-51-41.

Public water authorities, see §§51-41-1 et seq.

Requirement that counties comply with the provisions of §19-5-151 et seq. in order to receive funds from the county volunteer fire department fund, and as to the use of equipment purchased with such funds, or the receipt of such funds, by fire protection districts, see §83-1-39.

JUDICIAL DECISIONS

1.5. Interpretation.

Both Miss. Code Ann. §19-5-151 et seq. and Miss. Code Ann. §41-67-1 et seq., regulate health-related matters. As such, they can be considered in pari materia, and any ambiguities in one provision should be resolved by applying the statute consistently with other statutes dealing with the same or similar subject matter. Green v. Cleary Water, Sewer & Fire Dist., 910 So. 2d 1022, 2005 Miss. LEXIS 394 (Miss. 2005), cert. denied, 547 U.S. 1098, 126 S. Ct. 1883, 164 L. Ed. 2d 568, 2006 U.S. LEXIS 3287 (U.S. 2006).

OPINIONS OF THE ATTORNEY GENERAL

General power to zone vests in governing authority as defined by §17-1-1 and not in district created by §19-5-151 et seq.; county may not use zoning ordinance to deny or abridge any power or authority of commission established by19-5-151 et seq. Younger, June 6, 1990, A.G. Op. #90-0396.

Because there is no methodology for changing from existing fire protection district to fire protection grading district unless district boundaries are exactly the same, there cannot be conversion of taxing authority unless boundary lines are the same. Gildea, Nov. 19, 1992, A.G. Op. #92-0845.

Under Miss. Code Section 19-5-151, four million dollar levy which can be used by fire protection districts for “operation, support and maintenance of fire protection services” includes rescue equipment. Griffith, Feb. 25, 1993, A.G. Op. #93-0071.

Funds levied pursuant to House Bill 1377, Local and Private laws of 1987, and 19-5-151 et seq. may only be used for operation, support and maintenance of fire protection services; determination of what constitutes fire protection services is factual one but decision must be supported by evidence that expenditure of funds is related to fires, fire fighting and/or fire fighting personnel or equipment including emergency response and rescue services customarily associated with fire departments. Koenenn, July 12, 1993, A.G. Op. #93-0334.

Garbage district or garbage and fire protection district created pursuant to Section 19-5-151 et seq. has exclusive jurisdiction to provide garbage services within district; Regional Solid Waste Authority could not include in its district residential generators of garbage who were in fire and waste disposal district created under statute. Gex, Feb. 24, 1994, A.G. Op. #93-0986.

County may assist in maintenance of property owned by public water, sewer and fire protection district created and established pursuant to Sections 19-5-151 et seq. Trapp, Feb. 24, 1994, A.G. Op. #94-0079.

Under Sections 19-5-151 and 41-59-51, Fire Protection and EMS Districts are two separate and distinct entities and may not be created as one entity. Hatten, August 14, 1995, A.G. Op. #95-0529.

A utility district incorporated pursuant to Section 19-5-151 is created by resolution of the county board of supervisors and is, therefore, a governing authority as defined under the public purchasing laws. As a governing authority, a utility district is subject to the state purchasing laws and is authorized to make purchases utilizing the state contract list. Burt, July 26, 1995, A.G. Op. #95-0418.

The North Tunica County Fire Protection District is required to give notice and solicit bids for selection of depositories and is required to have securities pledged for all its deposits. Dulaney, July 10, 2002, A.G. Op. #02-0210.

Section 6 of House Bill 1641, Local and Private Laws, 1991, does not apply to fire protection districts created pursuant to this section. Watt, Oct. 24, 2003, A.G. Op. 03-0532.

If a municipality within Jackson County annexes an unincorporated area currently served by the Jackson County Fire District, the municipality would not be required to annex the entire fire protection district. Watt, Oct. 24, 2003, A.G. Op. 03-0532.

A county may contract to provide fire protection services only, including the water supply for that contract, to a business located within the corporate limits of a municipality which is in a certificated area without the consent of the entity holding the certificate of public necessity. Nowak, Apr. 16, 2004, A.G. Op. 03-0569.

A county may contract with a municipality to provide fire protection services to a business located within the corporate limits of the municipality. Nowak, Apr. 16, 2004, A.G. Op. 03-0569.

A sewer district is a public corporation and a body politic and as such its records are public records. However, any records which constitute the work product of an attorney or attorney-client privileged records are exempt from the Mississippi public Records Act. Cobb, Apr. 16, 2004, A.G. Op. 04-0170.

A district’s exercise of the power and authority granted to make regulations to secure the general health is left to the judgment and discretion of its board of commissioners, provided the regulations are related to and consistent with the purposes for which the district was created. Bobo, June 11, 2004, A.G. Op. 04-0238.

Where there is an active board of commissioners of a fire protection district, neither the county board of supervisors nor an individual supervisor has the authority to ban a fire chief or any other fire department personnel of a volunteer fire department from the district’s fire station. Manuel, Dec. 9, 2005, A.G. Op. 05-0569.

A utility district does not have authority under Miss. Code Ann. §19-5-195 to charge an “impact fee,” and such a fee would amount to an unauthorized tax. Norris, March 20, 2007, A.G. Op. #07-00097, 2007 Miss. AG LEXIS 109.

RESEARCH REFERENCES

ALR.

Sewage disposal plant as nuisance. 40 A.L.R.2d 1177.

Public dump as nuisance. 52 A.L.R.2d 1134.

Municipal operation of sewage disposal plant as governmental or proprietary function, for purposes of tort liability. 57 A.L.R.2d 1336.

Am. Jur.

56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions §§ 189 et seq.

§ 19-5-153. Petition for incorporation; adoption of resolution of intent to incorporate.

  1. A petition for the incorporation of a district may be submitted to the board of supervisors of a county, signed by not less than twenty-five (25) owners of real property residing within the boundaries of the proposed district. The petition shall include: (a) a statement of the necessity for the service or services to be supplied by the proposed district; (b) the proposed corporate name for the district; (c) the proposed boundaries of the district; (d) an estimate of the cost of the acquisition or construction of any facilities to be operated by the district, which estimate, however, shall not serve as a limitation upon the financing of improvements or extensions to the facilities; (e) a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in Section 19-5-189, Mississippi Code of 1972; and (f) a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in Section 19-5-191, Mississippi Code of 1972. The petition shall be signed in person by the petitioners, with their respective residence addresses. The petition shall be accompanied by a sworn statement of the person or persons circulating the petition, who shall state under oath that the person or persons witnessed the signature of each petitioner, that each signature is the signature of the person it purports to be, and that, to the best of the person’s or persons’ knowledge, each petitioner was at the time of signing an owner of real property within and a resident of the proposed district. No individual tract of land containing one hundred sixty (160) acres or more shall be included in any such district unless the owner or owners of said tract is a signer under oath of the petition for the incorporation of such district.
  2. The board of supervisors of a county, in its discretion, may initiate the incorporation of a district under Sections 19-5-151 through 19-5-207 by resolution of the board and presentation of a petition signed by at least twenty-five (25) property owners of the area to be incorporated if at least forty (40) property owners reside within the district. However, no individual tract of land containing one hundred sixty (160) acres or more shall be included in any such district unless the owner or owners of the tract gives written consent for the inclusion of the lands in such district.
  3. The board of directors of a nonprofit, nonshare rural waterworks corporation may petition the board of supervisors of a county in which the corporation’s certificated area lies to become a water district under Sections 19-5-151 through 19-5-207. The board of directors shall adopt a resolution at a special meeting of the board. The meeting shall be open to any subscriber provided water service by the corporation. The board shall mail a notice of the meeting to each subscriber provided water service. The resolution shall provide that information required of the petition under subsection (1) of this section. The resolution shall be adopted by a three-fifths (3/5) majority vote of the board of directors.
  4. With respect to the incorporation and operation of a fire protection district pursuant to Sections 19-5-151 through 19-5-207, the word “owners” shall include any lessees of real property of a water supply district the term of whose original lease is not less than sixty (60) years and shall also include sublessees if the original lease of which they are subletting is not less than sixty (60) years.

HISTORY: Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1; Laws, 1983, ch. 419; Laws, 1999, ch. 304, § 2, eff from and after August 2, 1999 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section).

Cross References —

Exemption from highway privilege taxes of buses owned by school districts or motor vehicles owned by fire protection district incorporated pursuant to sections19-5-151 through19-5-207, see §27-19-27.

Exemption of all motor vehicles owned by fire protection districts incorporated pursuant to sections19-5-151 through19-5-207 from ad valorem taxes, see §27-51-41.

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to Section 19-5-153, the Board may initiate the incorporation of a district by resolution and presentation of a petition. Such a petition is required to include a cost estimate of acquiring or constructing facilities. Dulaney, July 19, 1995, A.G. Op. #95-0416.

Pursuant to Section 19-5-153, the Board has the authority to contract with and pay an appraiser to appraise the current water and sewer system in order to obtain the necessary information to complete the petition required to initiate such incorporation. Dulaney, July 19, 1995, A.G. Op. #95-0416.

An individual tract of land containing 160 acres or more, the owner of which has not signed the petition to incorporate a district or has not given written consent to be included, is not a part of the district. Wiggins, July 24, 1998, A.G. Op. #98-0403.

RESEARCH REFERENCES

Am. Jur.

7 Am. Jur. Legal Forms 2d, Drains and Drainage Districts § 92:11 et seq. (drainage and sewerage districts; creation).

§ 19-5-155. Public hearing; resolution of intention.

Upon the filing of such petition, or upon the adoption of a resolution declaring the intent of the board of supervisors to incorporate such district, it shall then be the duty of the board of supervisors of such county to fix a time and place for a public hearing upon the question of the public convenience and necessity of the incorporation of the proposed district. The date fixed for such hearing shall be not more than thirty (30) days after the filing of the petition, and the date of the hearing, the place at which it shall be held, the proposed boundaries of said district, and the purpose of the hearing, shall be set forth in a notice to be signed by the clerk of the board of supervisors of such county. Such notice shall be published in a newspaper having general circulation within such proposed district once a week for at least three (3) consecutive weeks prior to the date of such hearing. The first such publication shall be made not less than twenty-one (21) days prior to the date of such hearing and the last such publication shall be made not more than fourteen (14) days prior to the date of such hearing.

If, at such public hearing, the board of supervisors finds (1) that the public convenience and necessity require the creation of the district, and (2) that the creation of the district is economically sound and desirable, the board of supervisors shall adopt a resolution making the aforesaid findings and declaring its intention to create the district on a date to be specified in such resolution. Such resolution shall also designate the name of the proposed district, define its territorial limits which shall be fixed by said board pursuant to such hearing, and state whether or not the board of supervisors shall levy the tax authorized in section 19-5-189, Mississippi Code of 1972, and whether or not the board of supervisors proposes to assess benefited properties as outlined in section 19-5-191, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff from and after passage (approved April 16, 1973).

Cross References —

Public hearings regarding Joint Water Management Districts, see §51-8-7.

RESEARCH REFERENCES

Am. Jur.

7 Am. Jur. Legal Forms 2d, Drains and Drainage Districts § 92:23 (order – public hearing on petition for sanitary sewerage district).

§ 19-5-157. Publication of resolution; election.

A certified copy of the resolution so adopted shall be published in a newspaper having a general circulation within such proposed district once a week for at least three (3) consecutive weeks prior to the date specified in such resolution as the date upon which such board intends to create such district. The first such publication shall be made not less than twenty-one (21) days prior to the date specified, and the last such publication shall be made not more than fourteen (14) days prior to such date.

If twenty percent (20%) or one hundred fifty (150), whichever is the lesser, of the qualified electors of such proposed district file written petition with such board of supervisors on or before the date specified aforesaid, protesting against the creation of such district, the board of supervisors shall call an election on the question of the creation of such district. Such election shall be held and conducted by the election commissioners of the county as nearly as may be in accordance with the general laws governing elections, and such election commissioners shall determine which of the qualified electors of such county reside within the proposed district, and only such qualified electors as reside within such proposed district shall be entitled to vote in such election. Notice of such election setting forth the time, place or places, and purpose of such election shall be published by the clerk of the board of supervisors, and such notice shall be published for the time and the manner provided in section 19-5-155 for the publication of the resolution of intention. The ballots to be prepared for and used at said election shall be in substantially the following form:

“FOR CREATION OF DISTRICT ( ) AGAINST CREATION OF DISTRICT ( )” and voters shall vote by placing a cross mark (x) or check mark ( Π ) opposite their choice.

Click to view

HISTORY: Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff from and after passage (approved April 16, 1973).

Cross References —

Publication of resolution authorizing issue of bonds, and election on question of bond issuance, see §19-5-183.

Applicability of this section to the levy of a special tax for the operation, support and maintenance of a fire protection district, see §19-5-189.

Applicability of this section to procedures for the creation of a fire protection grading district, see §19-5-221.

Applicability of this section to procedures for the creation of a joint water management district, see §51-8-11.

§ 19-5-159. Resolution of creation.

If no petition requiring an election be filed or if three-fifths (3/5) of those voting in said election provided in Section 19-5-157 vote in favor of the creation of such district, the board of supervisors shall adopt a resolution creating the district as described in the resolution of intention.

HISTORY: Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff from and after passage (approved April 16, 1973).

§ 19-5-161. Costs.

All costs incident to the publication of the notices and all other costs incident to the public hearing and election provided in Sections 19-5-153 through 19-5-157 may be paid by the board of supervisors, in its discretion, or shall be borne by the parties filing the petition, detailed in Section 19-5-153. The board of supervisors, in its discretion, may require the execution of a cost bond by the parties filing the petition. Such bond shall be in an amount and with good sureties to guarantee the payment of such costs.

HISTORY: Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff from and after passage (approved April 16, 1973).

§ 19-5-163. Appeals.

Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the board of supervisors may appeal to the circuit court of the county in the manner provided by law for appeals from orders of the board of supervisors. However, if no such appeal be taken within a period of fifteen (15) days from and after the date of the adoption of the resolution creating any such district, the creation of such district shall be final and conclusive and shall not thereafter be subject to attack in any court.

HISTORY: Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff from and after passage (approved April 16, 1973).

§ 19-5-164. Creation of district embracing lands in more than one county.

A district embracing lands in more than one county may be created under the provision of Sections 19-5-151 through 19-5-207 by the following procedure if the portion of such district located in each county includes twenty percent (20%) or more of all of the lands to be embraced in a district:

  1. The portion of a proposed district containing the largest area of land shall be first created into a district by the board of supervisors of the county in which such largest portion is situated, such county to be known as the “incorporating county.”
  2. The resolution first creating such district shall include the exact boundaries of the lands situated in the incorporating county and shall include the exact boundaries of the contiguous area in other counties to be included in the district.
  3. The resolution by the incorporating county shall designate the official name of the district and shall delineate the procedure by which appointment of the five (5) commissioners authorized by Section 19-5-167, Mississippi Code of 1972, shall be apportioned among the counties in which portions of such districts are located.
  4. The resolution adopted by the board of supervisors of any county desiring to include contiguous lands into a district initially created as outlined above shall contain exact and identical provisions to those in the resolution by the board of supervisors of the incorporating county.
  5. The board of supervisors of the incorporating county shall, within sixty (60) days after the adoption of a resolution or resolutions by the board of supervisors of adjoining counties to enter lands into the district, enter an order on its minutes acknowledging, affirming and adjudicating the incorporation of the district.
  6. Any contiguous lands in an adjoining county, but not amounting to twenty percent (20%) or more of the total land area included in a district, may be served by a district created under the provisions of Sections 19-5-151 through 19-5-207 if a certificate of convenience and necessity to do so is issued by the Mississippi Public Service Commission. Provided, however, the provisions of Sections 19-5-189 and 19-5-191, Mississippi Code of 1972, shall not be applicable to any lands not a part of a district.

HISTORY: Laws, 1973, ch. 493, § 1, eff from and after passage (approved April 16, 1973).

Cross References —

Exemption from highway privilege taxes of buses owned by school districts or motor vehicles owned by fire protection district incorporated pursuant to sections19-5-151 through19-5-207, see §27-19-27.

Exemption of all motor vehicles owned by fire protection districts incorporated pursuant to sections19-5-151 through19-5-207 from ad valorem taxes, see §27-51-41.

OPINIONS OF THE ATTORNEY GENERAL

The board of commissioners could cede the jurisdiction of the tract of land in the Morgantown Fire Protection District to the Walthall County Fire Protection District by order in the minutes, and the board of supervisors of Walthall County could create a fire district by following the procedures of Section 19-5-164 or a fire protection grading district by following the procedures in Sections 19-5-217 et seq. Shepard, Feb. 9, 2001, A.G. Op. #2001-0034.

§ 19-5-165. District as public corporation; transfer of assets and liabilities of rural water association to newly created water district.

  1. Beginning on the date of the adoption of the resolution creating any district, the district shall be a public corporation in perpetuity under its corporate name and shall, in that name, be a body politic and corporate with power of perpetual succession.
  2. If the creation of the district is initiated in accordance with Section 19-5-153(3), all assets and liabilities of the nonprofit, nonshare corporation shall become the assets and liabilities of the newly organized district without any further meetings, voting, notice to creditors or actions by members of the board beginning on the date of adoption of the resolution of the board of supervisors creating the district.

HISTORY: Codes, 1942, § 2998.7-22; Laws, 1972, ch. 536, § 2; Laws, 1999, ch. 304, § 3, eff from and after August 2, 1999 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section).

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws, 1999, ch. 304, §§ 8, 9, on August 2, 1999.

OPINIONS OF THE ATTORNEY GENERAL

The intent of the statute was to create the duty of the district to provide services within its district, and not to cease to provide the same unless there was some other source that could immediately provide the same services as the district. Smith, May 26, 2000, A.G. Op. #2000-0274.

The North Tunica County Fire Protection District is required to give notice and solicit bids for selection of depositories and is required to have securities pledged for all its deposits. Dulaney, July 10, 2002, A.G. Op. #02-0210.

A fire protection district formed pursuant to §§19-5-151 et seq. is created by a resolution and is a “public body” under the Mississippi Public Records Act. Schwartz, Mar. 5, 2004, A.G. Op. 04-0091.

A sewer district is a public corporation and a body politic and as such its records are public records. However, any records which constitute the work product of an attorney or attorney-client privileged records are exempt from the Mississippi public Records Act. Cobb, Apr. 16, 2004, A.G. Op. 04-0170.

§ 19-5-167. Board of commissioners; appointment; terms; general powers and duties.

  1. Except as otherwise provided in this section, the powers of each district shall be vested in and exercised by a board of commissioners consisting of five (5) members to be appointed by the board of supervisors. Upon their initial appointment, one (1) of the commissioners shall be appointed for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; one (1) for a term of four (4) years; and one (1) for a term of five (5) years; thereafter, each commissioner shall be appointed and shall hold office for a term of five (5) years. Any vacancy occurring on a board of commissioners shall be filled by the board of supervisors at any regular meeting of the board of supervisors, and the board of supervisors shall have the authority to fill all unexpired terms of any commissioner or commissioners. Notwithstanding the appointive authority herein granted to the board of supervisors, its legal and actual responsibilities, authority and function, subsequent to the creation of any district, shall be specifically limited to the appointive function and responsibilities outlined in Sections 19-5-179, 19-5-189 and 19-5-191, except that with fire protection districts, the board of supervisors shall have authority for dissolving, redefining and reconfiguring of such districts as may be appropriate to ensure the most appropriate and efficient fire protection coverage for the county’s citizens. The operation, management, abolition or dissolution of such district, and all other matters in connection therewith, shall be vested solely and only in the board of commissioners to the specific exclusion of the board of supervisors, and the abolition, dissolution or termination of any district shall be accomplished only by unanimous resolution of the board of commissioners, except that with fire protection districts, the board of supervisors shall have authority for the dissolving, redefining and reconfiguring of such districts when determined appropriate. However, if any area within the boundaries of a fire protection district created under Section 19-5-151 et seq., is annexed by a municipality, a reduction of the boundaries of the district to exclude such annexed area may be accomplished by the adoption of a resolution by a majority vote of the board of commissioners of that fire protection district. The county board of supervisors which has a fire protection district created under Section 19-5-151 et seq., may dissolve, redefine and reconfigure such district and, under Section 19-5-215 et seq., may create a fire protection grading district consisting of the same boundaries as the previously existing fire protection district or having amended boundaries as determined appropriate by the board of supervisors. Petition and election requirements of Sections 19-5-217 through 19-5-227 shall not apply where the board of supervisors dissolves a fire protection district and creates a fire protection grading district under this section. Except as otherwise provided herein, such board of supervisors or commissioners shall have no power, jurisdiction or authority to abolish, dissolve or terminate any district while the district has any outstanding indebtedness of any kind or character, unless arrangements are made for the assumption of any outstanding indebtedness by the subsequent district or by the county. If a fire protection district is dissolved in accordance with this subsection, the board of supervisors may continue to levy the same millage as was being levied within the boundaries of the previous fire protection district before its dissolution provided that a fire protection grading district is created, in accordance with Section 19-5-215 et seq.
  2. The board of supervisors of the incorporating county may consolidate such fire protection districts for administrative purposes. The board of supervisors shall conduct a public hearing to determine the public’s interest. Following such a hearing, the board may create a consolidated commission consisting of the participating districts for administrative purposes. Such districts then shall dissolve their respective boards of commissioners, transferring all records to the consolidated board of commissioners. A consolidated board of commissioners consisting of not less than five (5) members shall be appointed with equal representation from each participating district. Any commissioners appointed to a consolidated fire protection district commission must comply with eligibility requirements as authorized in Section 19-5-171. In the event that a consolidated fire protection district commission consists of an even number of members, the chairman elected as authorized by Section 19-5-169 shall vote only in the event of a tie. General powers and duties of commissioners and commissions and other related matters as defined in Sections 19-5-151 through 19-5-207 shall apply to the entire area contained in the consolidating fire protection districts as described in the resolutions incorporating the fire protection districts as well as to subsequent annexations.
  3. If the creation of the district is initiated in accordance with Section 19-5-153(3), the powers of the district shall be vested in and exercised by a board of commissioners selected in the following manner:
    1. Upon creation of the district, the board of directors of the former nonprofit, nonshare corporation shall serve as the board of commissioners of the newly created water district for a period not to exceed sixty (60) days. The initial commissioners shall be subject to the requirements of Section 19-5-171, except the requirement for executing a bond. If an initial commissioner fails to meet a requirement of Section 19-5-171 as provided in this section, the board of supervisors shall appoint a member to fill that vacancy on the board of commissioners.
    2. In the resolution creating a district initiated in accordance with Section 19-5-153(3), the board of supervisors shall direct the existing board of directors of the rural water association to create within the district five (5) posts from which commissioners shall be elected. The board of supervisors shall designate the positions to be elected from each post as Post 1, Post 2, Post 3, Post 4 and Post 5. Post 5 shall be an at-large post composed of the entire district. Within sixty (60) days following creation of the district, the board of supervisors shall call an election. Such election shall be held and conducted by the election commissioners in accordance with the general laws governing elections. The election commissioners shall determine which of the qualified electors of the county reside within the district and only those electors shall be entitled to vote in the election. Notice of the election setting forth the time, place or places and the purpose of the election shall be published by the clerk of the board of supervisors in the manner provided in Section 19-5-155.

      The initial elected commissioners shall be elected to a term of office expiring on December 31 of the year in which the next succeeding general election for statewide officials is held. After the initial term of office, commissioners shall be elected to four-year terms. Vacancies shall be filled by the procedure set forth in Section 23-15-839.

  4. For any water and sewer district located within the corporate limits of a municipality that was incorporated on or after January 2012, the powers of the district shall be vested in and exercised by a board of commissioners consisting of five (5) members, each to be appointed by the governing authority of such municipality, one (1) member to be appointed from each municipal ward in the city. Each commissioner shall be appointed and shall hold office for a term of five (5) years. Any vacancy occurring on the board of commissioners shall be filled by the governing authority of the municipality at any regular meeting. Appointments to fill vacancies in unexpired terms of office shall be for the remaining unexpired term of office for such position.

HISTORY: Codes, 1942, § 2998.7-22; Laws, 1972, ch. 536, § 2; Laws, 1992, ch. 387, § 15; Laws, 1999, ch. 304, § 4; Laws, 2010, ch. 452, § 2; Laws, 2015, ch. 303, § 1; Laws, 2017, ch. 342, § 1, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation deleted the word “may” preceding “receipt of a unanimous resolution” in the first sentence of subsection (1). The Joint Committee ratified the correction at its July 22, 2010, meeting.

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws, 1999, ch. 304, § 4, on August 2, 1999.

Amendment Notes —

The 2010 amendment, in (1), added the sixth sentence, and made stylistic changes in the seventh and last sentences.

The 2015 amendment added (4); and made a minor stylistic change.

The 2017 amendment, in (1), added the exception at the end of the fourth and fifth sentences, rewrote the seventh sentence, which read: “The board of commissioners of a fire protection district created under Section 19-5-151 et seq., by unanimous resolution, may dissolve such district and, under Section 19-5-215 et seq., may create a fire protection grading district consisting of the same boundaries as the previously existing fire protection district,” substituted “board of supervisors” for “board of commissioners” in the eighth sentence, in the ninth sentence, inserted “supervisors or” and substituted “unless arrangements are made for the assumption of any outstanding indebtedness by the subsequent district or by the county” for “unless such dissolution or termination is accomplished under the provisions of Section 19-5-207,” and in the last sentence, inserted “previous,” and deleted “with identical boundaries as the previously existing fire protection district” from the end; in (2), rewrote the first sentence, which read: “The board of supervisors of the incorporating county, upon receipt of a unanimous resolution from two (2) or more boards of commissioners of duly created fire protection districts, may consolidate such districts for administrative purposes,” and in the second sentence, deleted “Upon receipt of unanimous resolutions requesting consolidation” from the beginning, and made a related stylistic change.

JUDICIAL DECISIONS

1. In general.

Circuit court properly interpreted Miss. Code Ann. §19-5-167 in determining a county board of supervisors possessed the responsibility to determine whether appellant removed himself from the district of his appointment as a commissioner of a county water district. Lamey v. Bd. of Supervisors, 46 So.3d 878, 2010 Miss. App. LEXIS 596 (Miss. Ct. App. 2010).

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 19-5-167 does not provide that boundaries of fire protection grading district may be reconfigured after conversion from fire protection district. Gildea, Mar. 12, 1993, A.G. Op. #93-0918.

There is no prohibition to a commissioner to the Diamondhead Water and Sewer District being reappointed to consecutive terms. Blackwell, August 28, 1998, A.G. Op. #98-0528.

Upon creation of a consolidated district consisting of two existing fire protection districts, there would be a violation of subsection (2) of this section if the commissioners of one of the existing fire protection districts continued as commissioners with expired terms to be filled by the commissioners of the other existing fire protection district. Terney, February 12, 1999, A.G. Op. #99-0022.

A county board of supervisors, in its discretion, may make a request to the Public Service Commission to cancel a previous order granted to a water, sewer and fire district without violating subsection (1) of this section. Morrow, Apr. 2, 2004, A.G. Op. 04-0125.

§ 19-5-169. Board of commissioners; officers; seal.

The board of commissioners shall organize by electing one of its members as chairman and another as vice-chairman. It shall be the duty of the chairman to preside at all meetings of the board and to act as the chief executive officer of the board and of the district. The vice-chairman shall act in the absence or disability of the chairman. The board also shall elect and fix the compensation of a secretary-treasurer who may or may not be a member of the board. It shall be the duty of the secretary-treasurer to keep all minutes and records of the board and to safely keep all funds of the district. The secretary-treasurer shall be required to execute a bond, payable to the district, in a sum and with such security as shall be fixed and approved by the board of commissioners. The terms of all officers of the board shall be for one year from and after the date of election, and shall run until their respective successors are appointed or elected and qualified.

Each board of commissioners shall adopt an official seal with which to attest the official acts and records of the board and district.

HISTORY: Codes, 1942, § 2998.7-23; Laws, 1972, ch. 536, § 3; Laws, 1999, ch. 304, § 5, eff from and after August 2, 1999 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment of this section.).

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws, 1999, ch. 304, § 5, on August 2, 1999.

Cross References —

Breaking of tie vote of consolidated fire protection district commission by chairperson elected pursuant to this section, see §19-5-167.

§ 19-5-171. Board of commissioners; eligibility; bond; oath; compensation.

  1. Every resident citizen of the county in which is located any district created under Sections 19-5-151 through 19-5-207, of good reputation, being the owner of land or the conductor of a business situated within the district and being over twenty-five (25) years of age and of sound mind and judgment, shall be eligible to hold the office of commissioner.
  2. Except as provided in Section 19-5-164(3), each person appointed or elected as a commissioner, before entering upon the discharge of the duties of the person’s office, shall be required to execute a bond payable to the State of Mississippi in the penal sum of not less than Fifty Thousand Dollars ($50,000.00) conditioned that the person will faithfully discharge the duties of the office. Each bond shall be approved by the clerk of the board of supervisors and filed with the clerk.
  3. Each commissioner shall take and subscribe to an oath of office prescribed in Section 268, Mississippi Constitution of 1890, before the clerk of the board of supervisors that the person will faithfully discharge the duties of the office of commissioner, which oath shall also be filed with the clerk and preserved with the official bond.
  4. Except as provided in subsection (5), the commissioners so appointed or elected and qualified shall be compensated for their services for each meeting of the board of commissioners attended, either regular or special, at a rate to be fixed by the board of supervisors, not to exceed the rate established in Section 25-3-69 for officers of state boards, commissions and agencies, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41. However, in no one (1) calendar year shall any commissioner be compensated for more than twenty-four (24) meetings.
    1. The commissioners of the Hancock County Water and Sewer District shall be compensated for their services at a rate up to Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
    2. The commissioners of the Kiln Utility and Fire District of Hancock County shall be compensated for their services at a rate up to Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
    3. The commissioners of the Pearlington Water and Sewer District of Hancock County shall be compensated for their services at a rate up to Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
    4. The commissioners of the Diamondhead Water and Sewer District of Hancock County shall be compensated for their services at a rate up to the Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
    5. The commissioners of the Hancock County Solid Waste Authority shall be compensated for their services at a rate up to the Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.
    6. The commissioners of the Standard Dedeaux Water District shall be compensated for their services at a rate up to the Eighty-four Dollars ($84.00) per day for each meeting of the board of commissioners attended, either regular or special, and shall be reimbursed for all expenses necessarily incurred in the discharge of their official duties in accordance with Section 25-3-41.

HISTORY: Codes, 1942, § 2998.7-24; Laws, 1972, ch. 536, § 4; Laws, 1999, ch. 304, § 6; Laws, 2002, ch. 580, § 2; Laws, 2008, ch. 454, § 3; Laws, 2009, ch. 453, § 1; Laws, 2009, ch. 467, § 4; Laws, 2011, ch. 902, § 2, eff from and after passage (approved Mar. 30, 2011.).

Joint Legislative Committee Note —

Section 1 of ch. 453, Laws of 2009, effective from and after July 1, 2009 (approved March 26, 2009), amended this section. Section 4 of ch. 467, Laws of 2009, effective from and after July 1, 2009 (approved March 30, 2009), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 13, 2009, meeting of the Committee.

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment of this section by Laws, 1999, ch. 304, § 6, on August 2, 1999.

This section was amended by House Bill No. 569, Local and Private Laws of 2011, which was enrolled as Chapter 902.

Amendment Notes —

The 2002 amendment substituted “twenty-four meetings” for “eighteen meetings” at the end of (4).

The 2008 amendment added “Except as provided in subsection (5)” at the beginning of (4); and added (5).

The first 2009 amendment (ch. 453), substituted “up to Eighty-four Dollars ($84.00) per day” for “to be fixed by the board of supervisors, but not to exceed the federal per diem compensation” in (5)(a), (b) and (c); and added (d) through (f).

The second 2009 amendment (ch. 467), substituted “not less than Fifty Thousand Dollars ($50,000.00)” for “Ten Thousand Dollars ($10,000.00)” in the first sentence of (2).

The 2011 amendment substituted “Kiln Utility and Fire District” for “Kiln Water and Fire Protection District” in (5)(b).

Cross References —

Eligibility requirements authorized in this section as applicable to commissioners of consolidated fire protection district commission, see §19-5-167.

JUDICIAL DECISIONS

1. In general.

Substantial evidence supported a factual determination by a county board of supervisors that appellant no longer possessed the qualifications to continue as a commissioner of a county water district because appellant no longer resided in the district, as required by Miss. Code Ann. §19-5-171(1); thus, a vacancy existed. Lamey v. Bd. of Supervisors, 46 So.3d 878, 2010 Miss. App. LEXIS 596 (Miss. Ct. App. 2010).

OPINIONS OF THE ATTORNEY GENERAL

While a person who has not posted bond or taken the oath of office may be serving de facto, such person would not be serving de jure since he has not qualified for the office. Strickland, Oct. 3, 1991, A.G. Op. #91-0712.

If a person has in fact not qualified for the office of Commissioner of a Fire District, and has in fact not served de facto or otherwise, then the conflict of interest limitations will not be applicable. Strickland, Oct. 3, 1991, A.G. Op. #91-0712.

§ 19-5-173. Board of commissioners; power to enact regulations.

The board of commissioners shall have the power to make regulations to secure the general health of those residing in the district; to prevent, remove and abate nuisances; to regulate or prohibit the construction of privy-vaults and cesspools, and to regulate or suppress those already constructed; and to compel and regulate the connection of all property with sewers.

HISTORY: Codes, 1942, § 2998.7-25; Laws, 1972, ch. 536, § 5; Laws, 1973, ch. 370, § 1; ch. 396, § 1, eff from and after passage (approved March 28, 1973).

JUDICIAL DECISIONS

1. In general.

Residents sued a district, claiming that it did not have the authority to enact an ordinance regulating the disposal of wastewater. Although the district had the authority to enact the ordinance, there was no basis for the grant of summary judgment because issues of fact remained as to whether the ordinance conflicted with rules and regulations promulgated by the Mississippi Department of Health. Green v. Cleary Water, Sewer & Fire Dist., 910 So. 2d 1022, 2005 Miss. LEXIS 394 (Miss. 2005), cert. denied, 547 U.S. 1098, 126 S. Ct. 1883, 164 L. Ed. 2d 568, 2006 U.S. LEXIS 3287 (U.S. 2006).

Water and sewer district’s ordinance regulating individual wastewater disposal systems was not preempted by Mississippi Individual On-Site Wastewater Disposal System Law, Miss. Code Ann. §§41-67-1 to41-67-31, and was a valid exercise of sewer district’s general police powers and its power to regulate the general health of its residents granted under Miss. Code Ann. §19-5-173. The Mississippi On-Site Wastewater Disposal System Law, while not mentioning sewer districts, did not expressly prevent sewer districts from regulating the use or maintenance of individual on-site wastewater disposal systems, and it did not repeal Miss. Code Ann. §19-5-173. Green v. Cleary Water, Sewer & Fire Dist., 910 So. 2d 1, 2004 Miss. App. LEXIS 761 (Miss. Ct. App. 2004), rev'd, 910 So. 2d 1022, 2005 Miss. LEXIS 394 (Miss. 2005).

OPINIONS OF THE ATTORNEY GENERAL

Although a sewer district may require a property owner to connect to a sewer, an owner cannot be required to place a lift or pump on his property to pump sewage uphill to the district’s public line. Frierson, Apr. 27, 2001, A.G. Op. #01-0210.

A district’s exercise of the power and authority granted to make regulations to secure the general health is left to the judgment and discretion of its board of commissioners, provided the regulations are related to and consistent with the purposes for which the district was created. Bobo, June 11, 2004, A.G. Op. 04-0238.

§ 19-5-175. General powers of districts.

Districts created under the provisions of Sections 19-5-151 through 19-5-207 shall have the powers enumerated in the resolution of the board of supervisors creating such districts but shall be limited to the conducting and operating of a water supply system, a sewer system, a garbage and waste collection and disposal system, a fire protection system, a combined water and fire protection system, a combined water and sewer system, a combined water and garbage and waste collection and disposal system, or a combined water, sewer, garbage and waste collection and disposal and fire protection system; and to carry out such purpose or purposes, such districts shall have the power and authority to acquire, construct, reconstruct, improve, better, extend, consolidate, maintain and operate such system or systems, and to contract with any municipality, person, firm or corporation for such services and for a supply and distribution of water, for collection, transportation, treatment and/or disposal of sewage and for services required incident to the operation and maintenance of such systems. As long as any such district continues to furnish any of the services which it was authorized to furnish in and by the resolution by which it was created, it shall be the sole public corporation empowered to furnish such services within such district. However, if the board of commissioners of such district and the board of supervisors unanimously agree, the county may contract directly with any fire protection services provider, in which case the board of supervisors may distribute directly to the fire protection services provider any or all of the funds that otherwise would be distributed to the fire protection district.

Any district created pursuant to the provisions of Sections 19-5-151 through 19-5-207 shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which such district is created. No enumeration of powers herein shall be construed to impair or limit any general grant of power herein contained nor to limit any such grant to a power or powers of the same class or classes as those enumerated. Such districts are empowered to do all acts necessary, proper or convenient in the exercise of the powers granted under such sections.

HISTORY: Codes, 1942, §§ 2998.7-25, 2998.7-26; Laws, 1972, ch. 536, §§ 5, 6; Laws, 1973, ch. 370, § 1; Laws, 1973 ch. 396, § 1; Laws, 1992, ch. 387, § 16, eff from and after July 27, 1992 (the date the United States Attorney General interposed no objection to this amendment).

Cross References —

Participation by counties in regional solid waste disposal and recovery systems, see §17-17-33.

Transactions involving property, assets, and merger of nonprofit, nonshare corporations chartered for rural waterworks or sewage disposal system purposes, and of utility districts, see §§19-5-251 through19-5-257.

JUDICIAL DECISIONS

1.5. Authority to regulate wastewater.

Residents sued a district, claiming that it did not have the authority to enact an ordinance regulating the disposal of wastewater. Although the district had the authority to enact the ordinance, there was no basis for the grant of summary judgment because issues of fact remained as to whether the ordinance conflicted with rules and regulations promulgated by the Mississippi Department of Health. Green v. Cleary Water, Sewer & Fire Dist., 910 So. 2d 1022, 2005 Miss. LEXIS 394 (Miss. 2005), cert. denied, 547 U.S. 1098, 126 S. Ct. 1883, 164 L. Ed. 2d 568, 2006 U.S. LEXIS 3287 (U.S. 2006).

OPINIONS OF THE ATTORNEY GENERAL

Water supply system districts created and operating pursuant to Miss. Code Sections 19-5-151 through 19-5-207 may adopt ordinances and rules establishing standards for water main installation before such mains may be accepted by the district for use and maintenance. Frierson, Aug. 29, 1997, A.G. Op. #97-0496.

A county water and sewer district could not provide water service to a public park located immediately adjacent to the district boundary and to “an additional community park located within the district’s boundaries” without charging therefor. Fonda, October 9, 1998, A.G. Op. #98-0612.

A fire protection district is authorized to undertake services related to fires and fire fighting, including emergency response and rescue services customarily associated with fire departments. Terney, December 11, 1998, A.G. Op. #98-0757.

A district may require sewer users to pay hookup fees or turn-on fees and monthly service charges that are reasonable. Compretta, August 6, 1999, A.G. Op. #99-0313.

The intent of the statute was to create the duty of the district to provide services within its district, and not to cease to provide the same unless there was some other source that could immediately provide the same services as the district. Smith, May 26, 2000, A.G. Op. #2000-0274.

Although a sewer district may require a property owner to connect to a sewer, an owner cannot be required to place a lift or pump on his property to pump sewage uphill to the district’s public line. Frierson, Apr. 27, 2001, A.G. Op. #01-0210.

Fire departments have the power to verify that all reports of fires are handled appropriately and that the validity or invalidity of all reports of fires are verified. Miller, May 31, 2002, A.G. Op. #02-0280.

RESEARCH REFERENCES

ALR.

Breach of warranty in sale, installation, repair, design, or inspection of septic or sewage disposal systems. 50 A.L.R.5th 417.

§ 19-5-177. Additional powers of districts.

  1. Any district created under Sections 19-5-151 through 19-5-207, acting by and through the board of commissioners of such district as its governing authority, shall have the following, among other, powers:
    1. To sue and be sued;
    2. To acquire by purchase, gift, devise and lease or any other mode of acquisition, other than by eminent domain, hold and dispose of real and personal property of every kind within or without the district;
    3. To make and enter into contracts, conveyances, mortgages, deeds of trust, bonds, leases or contracts for financial advisory services;
    4. To incur debts, to borrow money, to issue negotiable bonds, and to provide for the rights of the holders thereof;
    5. To fix, maintain, collect and revise rates and charges for services rendered by or through the facilities of such district, which rates and charges shall not be subject to review or regulation by the Mississippi Public Service Commission except in those instances where a city operating similar services would be subject to regulation and review; however, the district may furnish services, including connection to the facilities of the district, free of charge to the county or any agency or department of the county and to volunteer fire departments located within the service area of the district. The district shall obtain a certificate of convenience and necessity from the Mississippi Public Service Commission for operating of water and/or sewer systems;
    6. To pledge all or any part of its revenues to the payment of its obligations;
    7. To make such covenants in connection with the issuance of bonds or to secure the payment of bonds that a private business corporation can make under the general laws of the state;
    8. To use any right-of-way, public right-of-way, easement, or other similar property or property rights necessary or convenient in connection with the acquisition, improvement, operation or maintenance of the facilities of such district held by the state or any political subdivision thereof; however, the governing body of such political subdivision shall consent to such use;
    9. To enter into agreements with state and federal agencies for loans, grants, grants-in-aid, and other forms of assistance including, but not limited to, participation in the sale and purchase of bonds;
    10. To acquire by purchase any existing works and facilities providing services for which it was created, and any lands, rights, easements, franchises and other property, real and personal necessary to the completion and operation of such system upon such terms and conditions as may be agreed upon, and if necessary as part of the purchase price to assume the payment of outstanding notes, bonds or other obligations upon such system;
    11. To extend its services to areas beyond but within one (1) mile of the boundaries of such district; however, no such extension shall be made to areas already occupied by another corporate agency rendering the same service so long as such corporate agency desires to continue to serve such areas. Areas outside of the district desiring to be served which are beyond the one (1) mile limit must be brought into the district by annexation proceedings;
    12. To be deemed to have the same status as counties and municipalities with respect to payment of sales taxes on purchases made by such districts;
    13. To borrow funds for interim financing subject to receipt of funds as outlined in Section 19-5-181;
    14. To provide group life insurance coverage for all or specified groups of employees of the district and group hospitalization benefits for those employees and their dependents, and to pay the total cost of these benefits. For purposes of this paragraph, the term “employees” does not include any person who is a commissioner of a district created under Sections 19-5-151 through 19-5-207, and such commissioners are not eligible to receive any insurance coverage or benefits made available to district employees under this paragraph.
  2. Any district which is incorporated under Sections 19-5-151 through 19-5-207 to provide sewer services may install or provide for the installation of sewage holding tanks at residential properties within the district, if funding for municipal or community sewers has been awarded to the district. The district shall maintain or provide for the maintenance of the sewage holding tank systems. The district may assess and collect from each resident using a sewage holding tank a fee covering the costs of providing the services authorized under this section. When municipal or community sewers are available and ready for use, residences with sewage holding tanks shall be connected to the sewer system.

HISTORY: Codes, 1942, § 2998.7-27; Laws, 1972, ch. 536, § 7; Laws, 1999, ch. 361, § 1; Laws, 1999, ch. 565, § 1; Laws, 2002, ch. 580, § 1, eff from and after passage (approved Apr. 11, 2002.).

Joint Legislative Committee Note —

Section 3 of ch. 361 Laws, 1999, effective from and after its passage (approved March 15, 1999), amended this section. Section 9 of ch. 565, Laws, 1999, effective July 1, 1999 (approved April 21, 1999), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 565, Laws, 1999, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect on an earlier date.

Amendment Notes —

The 2002 amendment added (1)(n); and made minor stylistic changes.

Cross References —

Transactions involving property, assets, and merger of nonprofit, nonshare corporations chartered for rural waterworks or sewage disposal system purposes, and of utility districts, see §§19-5-251 through19-5-257.

JUDICIAL DECISIONS

1. In general.

2. Extension of services beyond boundaries of district.

3. Fee for fire protection services.

1. In general.

A water district could not appropriately charge an impact fee to the owner of an apartment complex where the water district established all other rates and charges in 1985 and had not changed them up to the date of the trial in 1989, the water district had never charged another customer with an impact fee, the water district had adequate capacity to serve the apartment complex, and the water district established the fee (1) in the absence of a disparate classification of the apartment complex as a separate class of customer, (2) in the absence of an explanation of the fee’s purpose, and (3) in the absence of identification of any increased costs associated with the service provided to the apartment complex. Sweet Home Water & Sewer Ass'n v. Lexington Estates, Ltd., 613 So. 2d 864, 1993 Miss. LEXIS 30 (Miss. 1993).

Acceptance of a utility’s services does not signify non-verbal acceptance that binds the offeree to whatever contract terms the utility proposes; thus, an apartment complex’s use of a water district’s water system did not signify its acceptance of a contract term to pay an impact fee charged by the water district. Sweet Home Water & Sewer Ass'n v. Lexington Estates, Ltd., 613 So. 2d 864, 1993 Miss. LEXIS 30 (Miss. 1993).

2. Extension of services beyond boundaries of district.

Although appellant argued he had not removed himself from a district because he lived within the one-mile zone authorized by Miss. Code Ann. §19-5-177(k) and received water services from the county water district, a circuit court properly determined appellant had vacated his office as commissioner of the county water district by moving out of the county because §19-5-177(k) authorized the district to extend its services, not its legal boundaries. Lamey v. Bd. of Supervisors, 46 So.3d 878, 2010 Miss. App. LEXIS 596 (Miss. Ct. App. 2010).

To the extent that water customers in Alabama were located within the one mile of its service area, no Mississippi laws were violated when the water district extended water service to them. Shadburn v. Tishomingo County Water Dist., 710 So. 2d 1227, 1998 Miss. App. LEXIS 160 (Miss. Ct. App. 1998).

3. Fee for fire protection services.

Diamondhead Fire Protection District’s (DFPD) fee for fire-protection services was permissible since the DFPD provided a valuable service by having fire and other emergency services available to respond to an emergency; the owners’ claim that they received a service from the fire department only if the department responded to an emergency call and that the assessed fees were really for anticipatory services was rejected. Alfonso v. Diamondhead Fire Prot. Dist., 122 So.3d 54, 2013 Miss. LEXIS 393 (Miss. 2013), cert. denied, 572 U.S. 1116, 134 S. Ct. 2301, 189 L. Ed. 2d 175, 2014 U.S. LEXIS 3474 (U.S. 2014).

OPINIONS OF THE ATTORNEY GENERAL

Enclave is covered by statute and if all 160 acres is within one mile of its boundary with district then district may extend its services to that enclave without annexation proceedings; district may extend its services to area within one mile of boundary based on owner’s petition for services without publication for lienholder of territory in question; however, effort to identify and give notice to lienholder may prove beneficial even if not legally required. Gex, May 4, 1990, A.G. Op. #90-0303.

There is no authority for a fire protection district to operate an apparel shop. Montgomery, February 15, 1995, A.G. Op. #95-0020.

A fire protection district may lease surplus space in a facility for a fair market value lease payment. Montgomery, February 15, 1995, A.G. Op. #95-0020.

A municipality may require water users to pay hookup fees or turn-on fees and monthly service charges which are reasonable, but must treat individuals and similarly situated businesses the same way under constitutional principals, and any policy it adopts must pass constitutional muster. Povail, January 9, 1998, A.G. Op. #97-0794.

A county water and sewer district could not provide water service to a public park located immediately adjacent to the district boundary and to “an additional community park located within the district’s boundaries” without charging therefor. Fonda, October 9, 1998, A.G. Op. #98-0612.

A fire protection district is authorized to undertake services related to fires and fire fighting, including emergency response and rescue services customarily associated with fire departments. Terney, December 11, 1998, A.G. Op. #98-0757.

As fire hydrants are a form of property that may be purchased by a fire protection district under the general authority of subsection (b) of this section, a fire protection district may acquire and install fire hydrants utilizing funds obtained from sources other than funds provided under §83-1-39, and may install such fire hydrants upon the water lines of a water and sewer district pursuant to an agreement with the latter district under the Interlocal Cooperation Act. Westbrook, July 30, 1999, A.G. Op. #99-0379.

A district may require sewer users to pay hookup fees or turn-on fees and monthly service charges that are reasonable. Compretta, August 6, 1999, A.G. Op. #99-0313.

A fire district may on a case by case basis fix rates and charges for services which have already been rendered. However, this does not authorize the district to levy rates and charges in anticipation of rendering services. Marshall, Dec. 27, 2005, A.G. Op. 05-0520.

RESEARCH REFERENCES

ALR.

Breach of warranty in sale, installation, repair, design, or inspection of septic or sewage disposal systems. 50 A.L.R.5th 417.

Am. Jur.

7 Am. Jur. Legal Forms 2d, Drains and Drainage Districts §§ 92:31 et seq. (acquisition of property).

7A Am. Jur. Legal Forms 2d, Easements and Licenses in Real Property § 94:36 (grant of right of way to county to construct and maintain drainage ditch).

7A Am. Jur. Legal Forms 2d, Easements and Licenses in Real Property § 94:64 (strip of land for sewers and water mains-subdivision).

§ 19-5-179. Eminent domain.

The board of supervisors of such county may, upon petition by the board of commissioners of the district, exercise the power of eminent domain on behalf of the district wherever and whenever public necessity and convenience so requires.

HISTORY: Codes, 1942, § 2998.7-28; Laws, 1972, ch. 536, § 8, eff from and after passage (approved May 23, 1972).

Cross References —

Authority, responsibilities, and function of boards of commissioners for fire protection grading districts as circumscribed by provisions of this section, see §19-5-167.

OPINIONS OF THE ATTORNEY GENERAL

The statute does not specifically provide the powers of eminent domain over sixteenth section land to boards of supervisors. Wiggins, July 24, 1998, A.G. Op. #98-0403.

RESEARCH REFERENCES

Am. Jur.

7 Am. Jur. Legal Forms 2d, Drains and Drainage Districts §§ 92:31 et seq. (acquisition of property).

§ 19-5-181. Revenue bonds; special improvement water and pollution abatement bonds; tax levies therefor.

  1. Any such district shall have the power to provide funds for the purpose of constructing, acquiring, reconstructing, improving, bettering or extending the facilities of such district or for the purpose of buying, leasing, or otherwise acquiring the assets and facilities of any nonprofit corporation organized pursuant to the provisions of Sections 79-11-101 through 79-11-399, or any other utility district by the issuance of revenue bonds. Such bonds shall be payable solely and only from the revenues of such facilities, and such revenues may be pledged from a portion of the service area of the district to the support of debt service for a specific series or issue of bonds if such apportionment is economically feasible.
  2. Any such district shall have the power to provide funds, in addition to or in conjunction with the funds authorized in subsection (1) above, for water supply or pollution abatement projects by issuing special improvement pollution abatement bonds, special improvement water bonds, or combinations of special improvement water and sewer bonds, if the resolution creating the district authorized the board of supervisors to make assessments against benefited properties as outlined in Section 19-5-191. Such bonds shall be payable solely and only from charges assessed to benefited properties as outlined in said Section 19-5-191.
  3. If the board of supervisors of the county should levy a special tax, as provided in Section 19-5-189, and consent to the pledge of any part thereof, then that part of such tax levy may be pledged in addition to the revenues of such facilities to the payment of such bonds, and upon the pledge thereof such part of said levy so pledged shall not be reduced while such bonds are outstanding and unpaid. If the board of supervisors of the county should provide for special improvement bonds as outlined in Section 19-5-191, the funds received from the charges assessed to the properties being benefited shall be pledged, separately or in conjunction with the revenues and the avails of taxes described above, for payment of such bonds, and such assessments shall not be reduced while such bonds are outstanding and unpaid.

HISTORY: Codes, 1942, § 2998.7-29; Laws, 1972, ch. 536, § 9; Laws, 1973, ch. 433, § 1; Laws, 1974, ch. 457, § 4; Laws, 1987, ch. 485, § 151, eff from and after January 1, 1988.

Cross References —

Transactions involving property, assets, and merger of nonprofit, nonshare corporations chartered for rural waterworks or sewage disposal system purposes, and of utility districts, see §§19-5-251 through19-5-257.

§ 19-5-183. Issuance, form and contents of bonds.

  1. The board of commissioners of any district created pursuant to Sections 19-5-151 through 19-5-207 may issue bonds of such district by resolution spread upon the minutes of such board. Bonds may be issued from time to time without an election being held upon the question of their issuance unless the board of commissioners of the district is presented with a petition for an election upon the question of issuance signed by twenty percent (20%) or one hundred fifty (150), whichever is the lesser, of the qualified electors residing within the district. The resolution authorizing any issue of bonds other than the initial issue shall be published in a manner similar to the publication of the resolution, as outlined in Section 19-5-157. If an election is required, it shall be held in substantial accord with the election outlined in Section 19-5-157. The cost of this election shall be borne by the district.
  2. All bonds shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting. They shall be in denominations of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), and may be registered as issued, and shall be numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued, the total amount authorized to be issued, the interest on the bond, that it is payable to bearer and that the interest to accrue thereon is evidenced by proper coupons attached thereto.
  3. Such bonds shall contain such covenants and provisions; shall be executed; shall be in such form, format, type, denomination or denominations; shall be payable as to principal and interest, at such place or places; and shall mature at such time or times, all as shall be determined by such board of commissioners and set forth in the resolution pursuant to which such bonds shall be issued. The date of maturity of such bonds shall not exceed forty (40) years from the date of the bond, except that on special improvement pollution abatement bonds, special improvement water bonds, or special improvement water and sewer bonds the date of maturity shall not exceed twenty-five (25) years from their date.
  4. All bonds shall bear interest at such rate or rates not to exceed a greater net interest cost 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. All interest accruing on such bonds so issued shall be payable semiannually, or annually, except that the first interest coupon attached to any such bonds may be for any period not exceeding one (1) year. No interest payment shall be evidenced by more than one (1) coupon and supplemental coupons, cancelled coupons and zero interest coupons will not be permitted; no interest coupon shall vary more than twenty-five percent (25%) in interest rate from any other interest coupon in the same bond issue; and the interest rate on any one (1) interest coupon shall not exceed that allowed in Section 75-17-103.
  5. Such bonds shall be signed by the chairman and secretary-treasurer of the commission with the seal of the commission affixed thereto; however, the coupons may bear only the facsimile signatures of such chairman and secretary-treasurer.
  6. Any provisions of the general laws to the contrary notwithstanding, any bonds and interest coupons issued pursuant to the authority of Sections 19-5-151 through 19-5-207 shall be securities within the meaning of Article 8 of the Uniform Commercial Code, being Sections 75-8-101 et seq., Mississippi Code of 1972.
  7. 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, § 2998.7-30; Laws, 1972, ch. 536, § 10; Laws, 1973, ch. 433, § 2; Laws, 1983, ch. 494, § 6; Laws, 1984, ch. 506, § 1, eff from and after passage (approved May 15, 1984).

§ 19-5-185. Sale of bonds; bids; refunding; validation.

The bonds issued under Sections 19-5-151 through 19-5-207 shall be sold upon sealed bids in the manner provided for in Section 31-19-25, Mississippi Code of 1972, in conformity with the provisions of Sections 19-5-151 through 19-5-207; however, bonds may be sold to the United States of America or an agency or instrumentality thereof at private sale.

Each interest rate specified in any bid must be in a multiple of one-tenth of one percent (1/10 of 1%) or in multiples of one-eighth of one percent (1/8 of 1%), and a zero rate of interest cannot be named. Any premium must be paid in bank funds as a part of the purchase price, and bids shall not contemplate the cancellation of any interest coupon or the waiver of interest or other concession by the bidder as a substitute for bank funds.

Any bonds issued under the provisions of Sections 19-5-151 through 19-5-207 may be refunded in like manner as revenue bonds of municipalities shall be refunded.

Any bonds issued under the provisions of Sections 19-5-151 through 19-5-207 shall be submitted to validation under the provisions of Sections 31-13-1 through 31-13-11, inclusive, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 2998.7-31; Laws, 1972, ch. 536, § 11, eff from and after passage (approved May 23, 1972).

§ 19-5-187. Statutory lien of bondholders; appointment of receiver in case of default.

There is hereby created a statutory lien to the nature of a mortgage lien upon any system or systems acquired or constructed in accordance with Sections 19-5-151 through 19-5-207, including all extensions and improvements thereof or combinations thereof subsequently made, which lien shall be in favor of the holder or holders of any bonds issued pursuant to said sections, and all such property shall remain subject to such statutory lien until the payment in full of the principal of and interest on said bonds. Any holder of said bonds or any of the coupons representing interest thereon may, either at law or in equity, by suit, action, mandamus or other proceedings, in any court of competent jurisdiction, protect and enforce such statutory lien and compel the performance of all duties required by said sections, including the making and collection of sufficient rates for the service or services, the proper accounting thereof, and the performance of any duties required by covenants with the holders of any bonds issued in accordance herewith.

If any default is made in the payment of the principal of or interest on such bonds, any court having jurisdiction of the action may appoint a receiver to administer said district and said system or systems, with power to charge and collect rates sufficient to provide for the payment of all bonds and obligations outstanding against said system or systems, and for payment of operating expenses, and to apply the income and revenues thereof in conformity with the provisions of Sections 19-5-151 through 19-5-207 and any covenants with bondholders.

HISTORY: Codes, 1942, § 2998.7-32; Laws, 1972, ch. 536, § 12, eff from and after passage (approved May 23, 1972).

§ 19-5-189. Tax levies.

    1. Except as otherwise provided in subsection (2) of this section for levies for fire protection purposes and subsection (3) of this section for certain districts providing water service, the board of supervisors of the county in which any such district exists may, according to the terms of the resolution, levy a special tax, not to exceed four (4) mills annually, on all of the taxable real property in such district, the avails of which shall be paid over to the board of commissioners of the district to be used either for the operation, support and maintenance of the district or for the retirement of any bonds issued by the district, or for both.
    2. The proceeds derived from two (2) mills of the levy authorized herein shall be included in the ten percent (10%) increase limitation under Section 27-39-321, and the proceeds derived from any additional millage levied under this subsection in excess of two (2) mills shall be excluded from such limitation for the first year of such additional levy and shall be included within such limitation in any year thereafter.
    1. In respect to fire protection purposes, the board of supervisors of the county in which any such district exists on July 1, 1987, may levy a special tax annually, not to exceed the tax levied for such purposes for the 1987 fiscal year on all of the taxable real property in such district, the avails of which shall be paid over to the board of commissioners of the district to be used either for the operation, support and maintenance of the fire protection district or for the retirement of any bonds issued by the district for fire protection purposes, or for both. Any such district for which no taxes have been levied for the 1987 fiscal year may be treated as having been created after July 1, 1987, for the purposes of this subsection.
    2. In respect to fire protection purposes, the board of supervisors of the county in which any such district is created after July 1, 1987, may, according to the terms of the resolution of intent to incorporate the district, levy a special tax not to exceed two (2) mills annually on all of the taxable real property in such district, the avails of which shall be paid over to the board of commissioners of the district to be used either for the operation, support and maintenance of the fire protection district or for the retirement of any bonds issued by the district for fire protection purposes, or for both; however, the board of supervisors may increase the tax levy under this subsection as provided for in paragraph (c) of this subsection.
    3. The tax levy under this subsection may be increased only when the board of supervisors has determined the need for additional revenues. Prior to levying a tax increase under this paragraph, the board of supervisors shall adopt a resolution declaring its intention to levy the tax. The resolution shall describe the amount of the increase in the tax levy and the purposes for which the proceeds of the additional tax will be used. The board of supervisors shall have a copy of the resolution published once a week for three (3) consecutive weeks in at least one (1) newspaper published in the county and having a general circulation therein. If no newspaper is published in the county, then notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in the county. A copy of the resolution shall also be posted at three (3) public places in the county for a period of at least twenty-one (21) days during the time of its publication in a newspaper. If more than twenty percent (20%) of the qualified electors of the district shall file with the clerk of the board of supervisors, within twenty-one (21) days after adoption of the resolution of intent to increase the tax levy, a petition requesting an election on the question of the increase in tax levy, then and in that event such increase shall not be made unless authorized by a majority of the votes cast at an election to be called and held for that purpose within the district. Notice of such election shall be given, the election shall be held and the result thereof determined, as far as is practicable, in the same manner as other elections are held in the county. If an election results in favor of the increase in the tax levy or if no election is required, the board of supervisors may increase the tax levy. The board of supervisors, in its discretion, may call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to have the tax imposed.
    4. Notwithstanding any provisions of this subsection to the contrary, in any county bordering on the Gulf of Mexico and the State of Louisiana, the board of supervisors may levy not to exceed four (4) mills annually on all the taxable real property within any fire protection district, the avails of which shall be paid over to the board of commissioners of the district to be used either for the operation, support and maintenance of the fire protection district or for the retirement of any bonds issued by the district for fire protection purposes, or for both. Prior to levying the tax under this paragraph, the board of supervisors shall adopt a resolution declaring its intention to levy the tax. The resolution shall describe the amount of the tax levy and the purposes for which the proceeds of the tax will be used. The board of supervisors shall have a copy of the resolution published once a week for three (3) consecutive weeks in at least one (1) newspaper published in the county and having a general circulation therein. If no newspaper is published in the county, then notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in the county. A copy of the resolution shall also be posted at three (3) public places in the county for a period of at least twenty-one (21) days during the time of its publication in a newspaper. If more than twenty percent (20%) of the qualified electors of the district shall file with the clerk of the board of supervisors, within twenty-one (21) days after adoption of the resolution of intent to levy the tax, a petition requesting an election on the question of the levy of such tax, then and in that event such tax levy shall not be made unless authorized by a majority of the votes cast at an election to be called and held for that purpose within the district. Notice of such election shall be given, the election shall be held and the result thereof determined, as far as is practicable, in the same manner as other elections are held in the county. If an election results in favor of the tax levy or if no election is required, the board of supervisors may levy such tax. The board of supervisors, in its discretion, may call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to have the tax imposed.
    5. Notwithstanding any provisions of this subsection to the contrary, in any county bordering on the Mississippi River in which legal gaming is conducted and in which U.S. Highway 61 intersects with Highway 4, the board of supervisors may levy a special tax not to exceed five (5) mills annually on all the taxable real and personal property within any fire protection district, except for utilities as defined in Section 77-3-3(d)(i) and (iii), the avails of which shall be paid over to the board of commissioners of the district to be used either for the operation, support and maintenance of the fire protection district or for the retirement of any bonds issued by the district for fire protection purposes, or for both. Before levying the tax under this paragraph, the board of supervisors shall adopt a resolution declaring its intention to levy the tax. The resolution shall describe the amount of the tax levy and the purposes for which the proceeds of the tax will be used. The board of supervisors shall have a copy of the resolution published once a week for three (3) consecutive weeks in at least one (1) newspaper published in the county and having a general circulation therein. If no newspaper is published in the county, then notice shall be given by publishing the resolution for the required time in some newspaper having general circulation in the county. A copy of the resolution shall also be posted at three (3) public places in the county for a period of at least twenty-one (21) days during the time of its publication in a newspaper. If more than twenty percent (20%) of the qualified electors of the district shall file with the clerk of the board of supervisors, within twenty-one (21) days after adoption of the resolution of intent to levy the tax, a petition requesting an election of the questions of the levy of such tax, then and in that event such tax levy shall not be made unless authorized by a majority of the votes cast at an election to be called and held for that purpose within the district. Notice of such election shall be given, the election shall be held and the result thereof determined, as far as is practicable, in the same manner as other elections are held in the county. If an election results in favor of the tax levy or if no election is required, the board of supervisors may levy such tax. The board of supervisors, in its discretion, may call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to have the tax imposed.
    6. Any taxes levied under this subsection shall be excluded from the ten percent (10%) increase limitation under Section 27-39-321.
  1. For any district authorized under Section 19-5-151(2), the board of supervisors shall not levy the special tax authorized in this section.

HISTORY: Codes, 1942, § 2998.7-33; Laws, 1972, ch. 536, § 13; Laws, 1986, ch. 445; Laws, 1987, ch. 507, § 15; Laws, 1988, ch. 371; Laws, 1991, ch. 459, § 1; Laws, 1997, ch. 424, § 1; Laws, 1999, ch. 304, § 7; Laws, 2016, ch. 458, § 1, eff from and after passage (approved May 5, 2016).

Editor’s Notes —

Laws, 1995, ch. 391, § 1, provides as follows:

“Section 2, Chapter 459, Laws of 1991, which repeals, effective October 1, 1995, Section 19-5-189(d), Mississippi Code of 1972, which authorizes the board of supervisors of certain counties to levy up to four (4) mills annually for the support and maintenance of fire protection districts or for the retirement of any bonds issued by a fire protection district of the county, is hereby repealed.”

The United States Attorney General, by letter dated June 23, 1997, interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws 1997, ch. 424, § 1. The United States Attorney General also noted that this section includes provisions that are enabling in nature. Therefore, counties are not relieved of their responsibility to seek Section 5 preclearance of any changes affecting voting to be implemented pursuant to this section.

Laws of 2016, ch. 458, § 2 provides:

“SECTION 2. Increases in the special tax authorized to be levied by boards of supervisors under the provisions of Section 19-5-189(2) prior to the effective date of this act [May 5, 2016] are hereby ratified, approved and confirmed.”

Amendment Notes —

The 2016 amendment, in (2), substituted “however, the board of supervisors may increase the tax levy under this subsection as provided for in paragraph (c) of this subsection” for “however, if the district is created pursuant to a mandatory election called by the board of supervisors, in lieu of a petitioned election under Section 19-5-157, the board of supervisors may levy a special tax annually not to exceed an amount to be determined by the board of supervisors and stated in the notice of such election. The mandatory election authorized herein shall be conducted in accordance with paragraph (c) of this subsection. The special tax may be increased if such increase is authorized by the electorate pursuant to an election conducted in accordance with paragraph (c) of this subsection” in (b), and rewrote (c) to provide that prior to levying a tax increase, the board of supervisors must adopt a resolution declaring its intention to levy the tax and describing the amount of the increase and the purposes for which the proceeds are to be used, and to provide a process by which qualified electors of the district can request an election on the question of the tax increase.

Cross References —

Authority, responsibilities, and function of boards of commissioners for fire protection grading districts, as circumscribed by provisions of this section, see §19-5-167.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 19-5-189 provides discretionary authority for board of supervisors to levy tax; although board of supervisors should consider recommendations of district commissioners, decision whether or not to levy tax is entirely within board’s discretion; board of supervisors may decline to levy tax, notwithstanding commission’s resolution requesting tax be levied. Steiner, Apr. 28, 1993, A.G. Op. #93-0277.

Medical emergency calls may be a part of the operation of a particular fire district. Since funds collected pursuant to tax levies authorized by this section may be used for the operation, support, and maintenance of the fire district, such funds may but are not required to be used by the fire district to respond to emergency medical calls received through the county dispatcher. Thayer, Mar. 12, 2004, A.G. Op. 04-0089.

§ 19-5-191. Assessment and collection of charges against improved property.

Funds for debt service for special improvement pollution abatement bonds, special improvement water bonds, or special improvement water and sewer bonds issued in lieu of or in conjunction with revenue bonds and/or tax-supported bonds shall be provided by charges upon the properties benefited according to procedures set forth in this section.

So long as any special improvement bond authorized by Sections 19-5-151 through 19-5-207 shall remain outstanding, it shall be the duty of the board of supervisors, at the time annual county tax levies are made, to levy such assessments as are certified to them by the district as being due and payable at a stated time. It shall be the duty of the tax collector of the county in which the district lies to collect such charges and pay the funds collected to the board of commissioners of the district for payment to interest and principal and to the retirement of bonds issued by the district in accord with the maturities schedule pertaining thereto.

One of the following procedures may be utilized in providing funds as authorized by this section:

  1. Funds for debt service may be provided by charges assessed against the property abutting upon the sewer, or abutting upon the railroad and/or utility right-of-way, street, road, highway, easement or alley in which such sewer mains or water mains are installed according to the frontage thereof.

    The board of commissioners of the district, after giving notice and hearing protests in the manner prescribed by Sections 21-41-5 and 21-41-7, Mississippi Code of 1972, shall by resolution spread upon its minutes define the services to be offered and the entire area to be benefited by each improvement; each such improvement may be designated as a project, or all such improvements may be designated as one project. However, if forty percent (40%) of the property owners or the owners of more than forty percent (40%) of the front footage of the property involved and actually residing on property owned by them and included within that part of any street, avenue, etc., ordered to be specially improved, or otherwise actually occupying property owned by them and included within that area designated as a project, shall file a protest, then the improvement shall not be made and the assessment shall not be made.

    The resolution shall direct that the cost to be assessed against each lot or parcel of land shall be determined by dividing the entire assessable cost of the project by the total number of front feet fronting on the street, easement or other right-of-way in which all of the mains embraced within the project are installed and multiplying the quotient by the total number of front feet in any particular lot or parcel of land fronting on the street, easement or other right-of-way in which sewer mains or water mains are installed. The result thereof shall be delivered by governing authorities of the district to the county board of supervisors as the amount of special tax to be assessed against each lot or piece of ground for the owner’s part of the total cost of the improvements.

    The resolution, at the discretion of the governing authorities of the district, may provide for the district to pay the assessment against any property abutting a sewer or water improvement, if the property whose assessment is being paid by the district is occupied by a contributor or consumer connected to the sewer or water system who is, or will be, paying service charges at the time the assessment roll maintained by the district is confirmed; provided, however, such payment shall not exceed an amount equal to that assessed against any one hundred twenty-five (125) feet of frontage of abutting property in a project.

    The resolution may, at the discretion of the governing authorities of the district, provide for the district to pay the assessment against any property abutting a section of sewer main or water main designated as necessary and essential to the overall operation of such system or systems; provided, however, no service shall be provided to any such abutting property until and unless all such payments made by the district are repaid to the district by the owners of such benefited property.

  2. Funds for debt service may be provided by charges assessed against a lot or block in a recorded subdivision of land or by other appropriately designated parcel or tract of land in accord with the following procedure:

    The board of commissioners of the district, after giving notice and hearing protests in the manner prescribed by Sections 21-41-5 and 21-41-7, Mississippi Code of 1972, shall by resolution spread upon its minutes define the services to be offered and the entire area to be benefited by each improvement; each such improvement may be designated as a project, or all such improvements may be designated as one (1) project. However, if forty percent (40%) of the property owners or the owners of more than forty percent (40%) of the front footage of the property involved and actually residing on property owned by them and included within that part of any street, avenue, etc., ordered to be specially improved, or otherwise actually occupying property owned by them and included within that area designated as a project, shall file a protest, then the improvement shall not be made and the assessment shall not be made.

    Charges shall be assessed in accord with the provisions of Sections 21-41-9 through 21-41-21, 21-41-25 to 21-41-39, Mississippi Code of 1972.

    The resolution providing for assessments under the provisions of subsection (c)(2) of this section, at the discretion of the governing authorities of the district, may provide for the district to pay the assessment against any lot or parcel of ground not exceeding one (1) acre in size, if such property is occupied by a contributor or consumer connected to the sewer or water system who is, or will be, paying service charges at the time the assessment roll maintained by the district is confirmed.

    The resolution providing for assessment of benefited properties under this procedure shall provide for appropriate payment to debt service accounts by property owners not included in the original assessment roll but benefited by facilities installed with funds provided by such assessments at, or prior to, the time at which a nonassessed but benefited property is actually served by said facilities.

HISTORY: Codes, 1942, § 2998.7-34; Laws, 1972, ch. 536, § 14; Laws, 1973, ch. 433, § 3, eff from and after passage (approved March 31, 1973).

Cross References —

Authority, responsibilities, and function of boards of commissioners for fire protection grading districts, as circumscribed by provisions of this section, see §19-5-167.

OPINIONS OF THE ATTORNEY GENERAL

The procedures in this section may not be utilized to provide funds for already existing improvements. Compretta, Jan. 25, 2005, A.G. Op. 04-0410.

§ 19-5-193. Limitations upon holders of bonds.

No holder or holders of any bonds issued pursuant to Sections 19-5-151 through 19-5-207 shall ever have the right to compel the levy of any tax to pay said bonds or the interest thereon except where the board of supervisors of the county has made a levy of a special tax and consented to the pledge thereof, all as is provided in Sections 19-5-181 and 19-5-189.

HISTORY: Codes, 1942, § 2998.7-35; Laws, 1972, ch. 536, § 15, eff from and after passage (approved May 23, 1972).

§ 19-5-195. Rates, fees, tolls or charges for use of system.

The board of commissioners of the district issuing bonds pursuant to Sections 19-5-151 through 19-5-207 shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities of its system or systems; shall prescribe penalties for the nonpayment thereof; and shall revise such rates, fees, tolls or charges from time to time whenever necessary to insure the economic operation of such system or systems. The rates, fees, tolls or charges prescribed shall be, as nearly as possible, such as will always produce revenue at least sufficient to: (a) provide for all expenses of operation and maintenance of the system or systems, including reserves therefor, (b) pay when due all bonds and interest thereon for the payment of which such revenues are or shall have been pledged, charged or otherwise encumbered, including reserves therefor, and (c) provide funds for reasonable expansions, extensions and improvements of service.

HISTORY: Codes, 1942, § 2998.7-36; Laws, 1972, ch. 536, § 16, eff from and after passage (approved May 23, 1972).

JUDICIAL DECISIONS

1. In general.

A water district could not appropriately charge an impact fee to the owner of an apartment complex where the water district established all other rates and charges in 1985 and had not changed them up to the date of the trial in 1989, the water district had never charged another customer with an impact fee, the water district had adequate capacity to serve the apartment complex, and the water district established the fee (1) in the absence of a disparate classification of the apartment complex as a separate class of customer, (2) in the absence of an explanation of the fee’s purpose, and (3) in the absence of identification of any increased costs associated with the service provided to the apartment complex. Sweet Home Water & Sewer Ass'n v. Lexington Estates, Ltd., 613 So. 2d 864, 1993 Miss. LEXIS 30 (Miss. 1993).

Acceptance of a utility’s services does not signify non-verbal acceptance that binds the offeree to whatever contract terms the utility proposes; thus, an apartment complex’s use of a water district’s water system did not signify its acceptance of a contract term to pay an impact fee charged by the water district. Sweet Home Water & Sewer Ass'n v. Lexington Estates, Ltd., 613 So. 2d 864, 1993 Miss. LEXIS 30 (Miss. 1993).

OPINIONS OF THE ATTORNEY GENERAL

The penalty under Section 19-5-195 may include a fine and/or the disconnection of service. However, the service can only be disconnected when there is a nonpayment of a just bill and then only after proper notice and opportunity for a hearing is provided. Wright, April 5, 1996, A.G. Op. #96-0172.

A municipality may have city employees read water meters to determine an accurate amount of sewer usage as a condition of supplying sewer services, and it may terminate water or sewer service upon nonpayment of a just bill upon proper notice and an opportunity to be heard. Tutor, Aug. 29, 1997, A.G. Op. #97-0400.

A municipality may require water users to pay hookup fees or turn-on fees and monthly service charges which are reasonable, but must treat individuals and similarly situated businesses the same way under constitutional principals, and any policy it adopts must pass constitutional muster. Povail, January 9, 1998, A.G. Op. #97-0794.

A utility district does not have authority under Miss. Code Ann. §19-5-195 to charge an “impact fee,” and such a fee would amount to an unauthorized tax. Norris, March 20, 2007, A.G. Op. #07-00097, 2007 Miss. AG LEXIS 109.

§ 19-5-197. Exemption from taxation.

The property and revenue of such district shall be exempt from all state, county and municipal taxation. Bonds issued pursuant to Sections 19-5-151 through 19-5-207 and the income therefrom shall be exempt from all state, county and municipal taxation, except inheritance, transfer and estate taxes, and it may be so stated on the face of said bonds.

HISTORY: Codes, 1942, § 2998.7-37; Laws, 1972, ch. 536, § 17, eff from and after passage (approved May 23, 1972).

Cross References —

Exemption from highway privilege taxes of buses owned by school districts or motor vehicles owned by fire protection district incorporated pursuant to sections19-5-151 through19-5-207, see §27-19-27.

Exemption of all motor vehicles owned by fire protection districts incorporated pursuant to sections19-5-151 through19-5-207 from ad valorem taxes, see §27-51-41.

§ 19-5-199. Construction contracts.

All construction contracts by the district where the amount of the contract shall exceed Ten Thousand Dollars ($10,000.00) shall, and construction contracts of less than Ten Thousand Dollars ($10,000.00) may, be made upon at least three (3) weeks’ public notice. Such notice shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county or having general circulation therein. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed in such notice for the receipt of bids, and the last publication shall be made not more than seven (7) days prior to such date. The notice shall state the thing to be done and invite sealed proposals, to be filed with the secretary of the district, to do the work. In all such cases, before the notice shall be published, plans and specifications for the work shall be prepared by a registered professional engineer and shall be filed with the secretary of the district and there remain. The board of commissioners of the district shall award the contract to the lowest responsible bidder who will comply with the terms imposed by such commissioners and enter into bond with sufficient sureties to be approved by the commissioners in such penalty as shall be fixed by the commissioners; however, in no case shall such bond be less than the contract price, conditioned for the prompt, proper efficient performance of the contract. Contracts of less than Ten Thousand Dollars ($10,000.00) may be negotiated; however, the board of commissioners shall invite and receive written proposals for the work from at least three (3) contractors regularly engaged in the type of work involved.

HISTORY: Codes, 1942, § 2998.7-38; Laws, 1972, ch. 536, § 18, eff from and after passage (approved May 23, 1972).

§ 19-5-201. Annexations to district.

Any area adjacent to any district created pursuant to Sections 19-5-151 through 19-5-207 and situated within the same county as the district, and not being situated within the corporate boundaries of any existing municipality, may be annexed to and become a part of such district by the same procedure prescribed in Sections 19-5-153 through 19-5-159 for the original creation of the district. All costs incident to the publication of notice and all other costs incident to the hearings, election and proceedings shall be paid by the district.

The district shall have the exclusive right to provide any of the services for which it was created in the annexed territory; however, if any part of the annexed territory is then being served by another corporate agency with any such service, the district shall, at the option of the other corporate agency, either relinquish its prior right to serve the area occupied by the corporate agency or acquire by purchase the facilities of such corporate agency, together with its franchise rights to serve such area. If the annexation affects only a portion of the corporate agency’s facility, the cash consideration for such purchase shall not be less than:

the present-day reproduction cost, new, of the facilities being acquired, less depreciation computed on a straight-line basis; plus

an amount equal to the cost of constructing any necessary facilities to reintegrate the system of the corporate agency outside the annexed area after detaching the portion to be acquired by the district; plus

an annual amount payable each year for a period of ten (10) years equal to the sum of twenty-five per cent (25%) of the revenues received from sales to consumers within the annexed area during the last twelve (12) months.

If the option is for the district to purchase, upon notification thereof, the district shall be obligated to buy and pay for, and the corporate agency shall be obligated to convey to the district, all its service facilities and franchise rights in the annexed area, free and clear of all mortgage liens and encumbrances for the aforesaid cash consideration.

If the annexed territory affects all of the properties and facilities of such other corporate agency, then all of such property constituting the entire system or facility of the corporate agency shall be acquired by the district in accordance with such terms and conditions as may be agreed upon, and the district shall have the authority to assume the operation of such entire system or facility and to assume and become liable for the payment of any notes, bonds or other obligations that are outstanding against said system or facility and payable from the revenues therefrom.

If the district is notified to relinquish its prior right to serve the annexed area, the district shall grant the corporate agency a franchise to serve within the annexed territory; however, the corporate agency shall be entitled to serve only such customers or locations within the annexed area as it served on the date that such annexation became effective.

The annexed territory shall become liable for any existing indebtedness of the district and be subject to any taxes levied by the board of supervisors under Section 19-5-189 in payment of the district’s indebtedness.

HISTORY: Codes, 1942, § 2998.7-39; Laws, 1972, ch. 536, § 19, eff from and after passage (approved May 23, 1972).

OPINIONS OF THE ATTORNEY GENERAL

If “sewer services” are not among those services set forth in a resolution creating a District, than the District may be authorized under certain facts to provide sewer services to an Area pursuant to Section 19-5-201. Snyder, October 25, 1996, A.G. Op. #96-0704.

§ 19-5-203. State and federal cooperation.

The board of commissioners of any district created pursuant to the provisions of Sections 19-5-151 through 19-5-207 shall have the authority to enter into cooperative agreements with the state or federal government, or both; to obtain financial assistance in the form of loans or grants as may be available from the state or federal government, or both; and to execute and deliver at private sale notes or bonds as evidence of such indebtedness in the form and subject to the terms and conditions as may be imposed by the state or federal government, or both; and to pledge the income and revenues of the district, or the income and revenues from any part of the area embraced in the district, in payment thereof. It is the purpose and intention of this section to authorize districts to do any and all things necessary to secure the financial aid or cooperation of the state or federal government, or both, in the planning, construction, maintenance or operation of project facilities.

HISTORY: Codes, 1942, § 2998.7-30; Laws, 1972, ch. 536, § 10; Laws, 1973, ch. 433, § 2, eff from and after passage (approved March 31, 1973).

§ 19-5-204. When district facilities may be required to be commensurate with those of an adjoining municipality.

When any board of supervisors creates a district within three (3) miles of the corporate boundaries of any existing municipality, the municipality is empowered to require such district to construct and maintain all facilities, whether purchased or constructed, to standards commensurate with those of the adjoining municipality; provided, however, the governing authorities of the municipalities may specifically waive compliance with any or all of such requirements.

HISTORY: Laws, 1973, ch. 493, § 1, eff from and after passage (approved April 16, 1973).

§ 19-5-205. Sections 19-5-151 through 19-5-207 are full and complete authority.

Sections 19-5-151 through 19-5-207, without reference to any other statute, shall be deemed to be full and complete authority for the creation of such districts and for the issuance of such bonds. No proceedings shall be required for the creation of such districts or for the issuance of such bonds other than those provided for and required herein. All the necessary powers to be exercised by the board of supervisors of such county and by the board of commissioners of any such district, in order to carry out the provisions of such sections, are hereby conferred.

HISTORY: Codes, 1942, § 2998.7-31; Laws, 1972, ch. 536, § 11, eff from and after passage (approved May 23, 1972).

§ 19-5-207. Financial statements.

Within ninety (90) days after the close of each fiscal year, the board of commissioners shall publish in a newspaper of general circulation in the county a sworn statement showing the financial condition of the district, the earnings for the fiscal year just ended, a statement of the water and sewer rates being charged, and a brief statement of the method used in arriving at such rates. Such statement shall also be filed with the board of supervisors creating the district.

HISTORY: Codes, 1942, § 2998.7-40; Laws, 1972, ch. 536, § 20, eff from and after passage (approved May 23, 1972).

Cross References —

Restrictions on abolition, dissolution, and termination of fire protection grading districts, see §19-5-167.

County volunteer fire department fund, see §83-1-39.

OPINIONS OF THE ATTORNEY GENERAL

A utility district does not have authority under Miss. Code Ann. §19-5-195 to charge an “impact fee,” and such a fee would amount to an unauthorized tax. Norris, March 20, 2007, A.G. Op. #07-00097, 2007 Miss. AG LEXIS 109.

Fire Protection Grading Districts