reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 33 - HOUSING AND HOUSING AUTHORITIES (§§ 43-33-1 — 43-33-797) › Article 11 - MISSISSIPPI HOME CORPORATION ACT (§§ 43-33-701 — 43-33-797) › Section 43-33-791 - Use of bond proceeds

The proceeds of the bonds issued under Sections
43-33-767
through
43-33-797
shall be used solely for the purposes herein provided, including the costs incident to the issuance and sale of such bonds.
Laws, 1994, ch. 556, § 13, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 33 - HOUSING AND HOUSING AUTHORITIES (§§ 43-33-1 — 43-33-797) › Article 11 - MISSISSIPPI HOME CORPORATION ACT (§§ 43-33-701 — 43-33-797) › Section 43-33-793 - Authorization to issue warrants for payment on bonds

The State Treasurer is authorized, without further process of law, to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accredit value of, all bonds issued under Sections
43-33-767
through
43-33-797
; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.
Laws, 1994, ch. 556, § 14, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 33 - HOUSING AND HOUSING AUTHORITIES (§§ 43-33-1 — 43-33-797) › Article 11 - MISSISSIPPI HOME CORPORATION ACT (§§ 43-33-701 — 43-33-797) › Section 43-33-795 - Progress report; annual fiscal reports

The Mississippi Home Corporation shall file a report on July 1, 1995, with the Department of Finance and Administration that describes in detail the progress that has been made in implementing the projects authorized by the Mississippi Home Corporation Act. A report for each fiscal year shall be filed annually on July 1 until all funds required for the projects described in the Mississippi Home Corporation Act have been expended.
Laws, 1994, ch. 556, § 15, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 33 - HOUSING AND HOUSING AUTHORITIES (§§ 43-33-1 — 43-33-797) › Article 11 - MISSISSIPPI HOME CORPORATION ACT (§§ 43-33-701 — 43-33-797) › Section 43-33-797 - Sections 43-33-767 through 43-33-797 give complete authority; effect on other laws

The provisions of Sections
43-33-767
through
43-33-797
shall be deemed to be full and complete authority for the exercise of the powers herein granted, but Sections
43-33-767
through
43-33-797
shall not be deemed to repeal or to be in derogation of any existing law of this state.
Laws, 1994, ch. 556, § 16, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-1 - Short title

This article shall be known and may be cited as the "Urban Renewal Law."
Codes, 1942, § 7342-01; Laws, 1958, ch. 518, § 1.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-5 - Findings and declarations of necessity

It is hereby found and declared that there exist in municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities.
It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this article, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this article, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that salvable slum and blighted areas can be conserved and rehabilitated through appropriate public action as authorized in this article, and the cooperation and voluntary action of the owners and tenants of property in such areas.
It is further found and declared that the powers conferred by this article are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised. The necessity in the public interest for the provisions enacted as this article is hereby declared as a matter of legislative determination.
Codes, 1942, § 7342-02; Laws, 1958, ch. 518, § 2.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-7 - Encouragement of private enterprise

A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this article, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this article, including the formulation of a workable program, the approval of urban renewal plans (consistent with the general plan of the municipality), the exercise of its zoning powers, the enforcement of other laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements.
Codes, 1942, § 7342-03; Laws, 1958, ch. 518, § 3.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-9 - Workable program

A municipality for the purposes of this article may formulate for the municipality a workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for: the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof.
Codes, 1942, § 7342-04; Laws, 1958, ch. 518, § 4.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-11 - Finding of necessity by local governing body

No municipalities shall exercise the authority hereafter conferred upon municipalities by this article until after its local governing body shall have adopted a resolution finding that:
(1)
one or more slum or blighted areas exist in such municipality; and
(2)
the rehabilitation, conservation, redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality.
Codes, 1942, § 7342-05; Laws, 1958, ch. 518, § 5; Laws, 1962, ch. 558; Laws, 1980, ch. 441, § 4, eff. 5/2/1980.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-17 - Eminent domain

(a)
A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project under this article. A municipality may exercise the power of eminent domain in the manner provided in Chapter 27, Title 11, Mississippi Code of 1972, or it may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the state, or any political subdivision thereof, may be acquired without its consent.
(b)
In any proceeding to fix or assess compensation for damages for the taking or damaging of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages, in addition to evidence or testimony otherwise admissible:
(1)
Any use, condition, occupancy, or operation of such property, which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under, any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, unsanitary or otherwise contrary to the public health, safety, or welfare; and
(2)
The effect on the value of such property of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy, or operation.
(c)
The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation. Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition or operation.
Codes, 1942, § 7342-08; Laws, 1958, ch. 518, § 8.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-23 - Bonds as legal investments

All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to this article or by any urban renewal agency or housing authority vested with urban renewal project powers under Section
43-35-31
. Such bonds and other obligations shall be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which moneys, under the terms of said agreement, are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
Codes, 1942, § 7342-11; Laws, 1958, ch. 518, § 11.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-25 - Property exempt from taxes and from levy and sale by virtue of an execution

(a)
All property of a municipality including funds, owned or held by it for the purposes of this article shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against a municipality be a charge or lien upon such property. The provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this article by a municipality on its rents, fees, grants or revenues from urban renewal projects.
(b)
The property of a municipality, acquired or held for the purposes of this article, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state or any political subdivision thereof. Such tax exemption shall terminate when the municipality sells, leases or otherwise disposes of such property in an urban renewal area to a purchaser or lessee which is not a public body entitled to tax exemption with respect to such property.
Codes, 1942, § 7342-12; Laws, 1958, ch. 518, § 12.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-29 - Title of purchaser

Any instrument executed by a municipality and purporting to convey any right, title or interest in any property under this article shall be conclusively presumed to have been executed in compliance with the provisions of this article in so far as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.
Codes, 1942, § 7342-14; Laws, 1958, ch. 518, § 14.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-31 - Exercise of powers in carrying out urban renewal project

(a)
A municipality may itself exercise its urban renewal project powers (as herein defined) or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency (created by Section
43-35-33
) or by the housing authority, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all of the urban renewal project powers in the same manner as though all such powers were conferred on such agency or authority instead of the municipality. If the local governing body does not elect to make such determination, the municipality, in its discretion, may exercise its urban renewal project powers through a board or commissioner or through such officers of the municipality as the local governing body may by resolution determine.
(b)
As used in this section, the term "urban renewal project powers" shall include the rights, powers, functions and duties of a municipality under this article, except the following: the power to determine an area to be a slum or blighted area or combination thereof and to designate such area as appropriate for an urban renewal project and to hold any public hearings required with respect thereto; the power to approve urban renewal plans and modifications thereof; the power to establish a general plan for the locality as a whole; the power to formulate a workable program under Section
43-35-9
; the power to make the determinations and findings provided for in Section
43-35-7
, Section
43-35-11
, and subsection (d) of Section
43-35-13
; the power to issue general obligation bonds; and the power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in subsection (h) of Section
43-35-15
.
Codes, 1942, § 7342-15; Laws, 1958, ch. 518, § 15.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-35 - Interested public officials, commissioners or employees

No public official or employee of a municipality, or of any board or commission thereof who exercises any authority with respect to urban renewal projects undertaken pursuant to this article, and no commissioner or employee of a housing authority or urban renewal agency which has been vested by a municipality with urban renewal project powers under Section
43-35-31
shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body. If any such official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official, commissioner or employee shall not participate in any action by the municipality, or board or commission thereof, housing authority, or urban renewal agency affecting such property. Any disclosure required to be made by this section to the local governing body shall concurrently be made to a housing authority or urban renewal agency which has been vested with urban renewal project powers by the municipality pursuant to the provisions of Section
43-35-31
. No commissioner or other officer of any housing authority, urban renewal agency, board or commission exercising powers pursuant to this article shall hold any other public office under the municipality other than his commissionership or office with respect to such housing authority, urban renewal agency, board or commission. Any violation of the provisions of this section shall constitute misconduct in office.
Codes, 1942, § 7342-17; Laws, 1958, ch. 518, § 17; Laws, 1979, ch. 410, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 1 - URBAN RENEWAL (§§ 43-35-1 — 43-35-37) › Section 43-35-37 - Urban Renewal Law as controlling

In so far as the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling. The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law. Nothing contained in this article shall be construed to amend, repeal or supersede the provisions of the Public Utility Law of 1956, Sections
77-3-1
through
77-3-89
, Mississippi Code of 1972, nor to authorize the construction or operation of utility facilities where reasonably adequate services are being provided by an existing utility. Nothing contained in this article shall be construed to authorize the taking of private property for any purpose other than necessary public use.
Codes, 1942, § 7342-19; Laws, 1958, ch. 518, § 19.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 3 - SLUM CLEARANCE (§§ 43-35-101 — 43-35-117) › Section 43-35-101 - Definitions

The following terms, whenever used or referred to in this article, shall have the following respective meanings for the purposes of this article, unless a different meaning clearly appears from the context:
(a)
"Municipality" shall mean any city, town or village in this state.
(b)
"Governing body" shall mean the board of aldermen, council, board, or commissioners, or other legislative body, charged with governing a municipality.
(c)
"Public officer" shall mean the officer or officers in charge of any municipal department who are authorized by ordinance adopted hereunder to exercise the powers prescribed by such ordinance and by this article.
(d)
"Public authority" shall mean any housing authority, or any officer who is in charge of any department or branch of the government of the municipality or state relating to health, fire, building regulations, or to other activities concerning buildings in the municipality.
(e)
"Owner" shall mean the holder of the title in fee, or a mortgagee or trustee, whose interest is shown of record, or who is in possession of a building, or any person in control of a building, or the agent of any such person.
(f)
"Parties in interest" shall mean individuals, associations, or corporations who have an interest of record in or who are in possession of a building.
(g)
"Building" means any building or structure or part thereof used and occupied by humans as a dwelling, store, factory, warehouse, requiring the presence of humans therein, or intended to be so used, and includes any yard, garden, parking or storage area, outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
Codes, 1942, § 3508; Laws, 1938, ch. 337, § 8; Laws, 1958, ch. 525, § 6.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 3 - SLUM CLEARANCE (§§ 43-35-101 — 43-35-117) › Section 43-35-103 - Slum clearance authorized

It is hereby found and declared that the existence and occupation of dwellings and other buildings in the municipalities of this state, which are unfit for human habitation, use or occupancy, are inimical to the welfare and dangerous and injurious to the health, safety and morals of the people of this state; and that a public necessity exists for the repair or elimination of such buildings.
Whenever any municipality of this state finds that there exist in such municipality buildings, which are unfit for human habitation, use or occupancy, due to dilapidation, defects increasing the hazards of fires, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such buildings unsafe and unsanitary, and dangerous or detrimental to the health, safety or morals, or which are otherwise inimical to the welfare of the residents of such municipality, power is hereby conferred upon such municipality to exercise its police powers to remedy or eliminate the aforesaid conditions in the manner provided in this article.
Codes, 1942, § 3501; Laws, 1938, ch. 337, § 1; Laws, 1958, ch. 525, § 1.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 3 - SLUM CLEARANCE (§§ 43-35-101 — 43-35-117) › Section 43-35-107 - Unsafe buildings

An ordinance adopted by a municipality under this article shall provide that the public officer may determine that a building is unfit for human habitation, use or occupation, if he finds that conditions exist in such buildings which are dangerous or injurious to the health, safety or morals of the persons using such buildings for human habitation, use or occupation, or to the public. Such conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; and uncleanliness. Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a building for human habitation, use or occupation.
Codes, 1942, § 3503; Laws, 1938, ch. 337, § 3; Laws, 1958, ch. 525, § 3.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 3 - SLUM CLEARANCE (§§ 43-35-101 — 43-35-117) › Section 43-35-109 - Service of complaints

Complaints or orders issued by a public officer pursuant to an ordinance adopted under this article shall be served upon persons either personally or by registered mail; but if the whereabouts of such persons is unknown, and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) successive weeks in a newspaper printed and published in the municipality, or, in the absence of such a newspaper, in one printed and published in the county and circulating in the municipality in which the dwellings are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall also be filed in the proper office or offices for the filing of lis pendens notices in the county in which the dwelling is located, and such filing of the complaint shall have the same force and effect as other lis pendens notices provided by law. The rules and evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
Codes, 1942, § 3504; Laws, 1938, ch. 337, § 4.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 3 - SLUM CLEARANCE (§§ 43-35-101 — 43-35-117) › Section 43-35-111 - Restraining order; hearing

Any person affected by an order issued by the public officer may apply to the circuit court for an injunction restraining the public officer from carrying out the provisions of the order, and the court, or any judge thereof, may, upon such application, issue an order restraining the public officer pending final disposition of the cause. Hearings shall be had by the court on such applications within twenty (20) days, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised, and shall enter such final order or decree as law and justice may require. In all such proceedings, the findings of the public officer as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies, and no person affected by an order of the public officer shall be entitled to recover any damages for action taken by the public officer under such order or because of non-compliance therewith.
Codes, 1942, § 3505; Laws, 1938, ch. 337, § 5.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 3 - SLUM CLEARANCE (§§ 43-35-101 — 43-35-117) › Section 43-35-113 - Powers of administrative officer

An ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers, in addition to others herein granted:
(a)
To investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation, use or occupation;
(b)
To administer oaths, affirmations, examine witnesses, and receive evidence;
(c)
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(d)
To appoint and fix the duties of such officers, agents and employees, as he deems necessary to carry out the purposes of the ordinance; and,
(e)
To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate.
Codes, 1942, § 3506; Laws, 1938, ch. 337, § 6; Laws, 1958, ch. 525, § 4.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 3 - SLUM CLEARANCE (§§ 43-35-101 — 43-35-117) › Section 43-35-115 - Estimate of costs

The governing body of any municipality adopting an ordinance under this article shall, as soon as possible thereafter, prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the buildings in such municipality for the purpose of determining the fitness of such buildings for human habitation, use or occupancy, and for the enforcement and administration of its ordinances adopted under this article; and any such municipality is authorized to make such appropriations from its revenues as it may deem necessary for this purpose, and may accept and apply grants or donations to assist it in carrying out the provisions of such ordinances.
Codes, 1942, § 3507; Laws, 1938, ch. 337, § 7; Laws, 1958, ch. 525, § 5.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 3 - SLUM CLEARANCE (§§ 43-35-101 — 43-35-117) › Section 43-35-117 - Construction of law

Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of any city to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law.
Codes, 1942, § 3509; Laws, 1938, ch. 337, § 9.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-203 - Revenue bonds; form; maturity; execution; interest

The governing authorities of any municipality which has elected, or hereafter may elect, to exercise or delegate the power and authority to establish and construct municipal parking facilities for motor vehicles belonging to the general public, as provided in Section
43-35-201
, and the governing authorities of any urban renewal agency or redevelopment authority to which such power and authority shall have been delegated are hereby authorized and empowered, in their discretion, to issue bonds for the purpose of acquiring land and property for a municipal parking facility and related structures and also for owning, erecting, building, establishing, operating and maintaining such facilities and related structures and to remodel or repair the same, and to refund outstanding bonds and to pay costs relating to the issuance of such bonds and interest on such bonds and to establish any reserves determined to be appropriate. Such bonds may be issued without an election thereon upon the adoption of a resolution by the governing authorities of such issuing authority. Such bonds shall not be subject to any limitation as to amount, and shall not be included in computing the statutory limitation of indebtedness of such issuing authority under any present or future law. Such bonds shall bear date or dates, shall be of such denomination or denominations, shall bear interest at such rates not to exceed the maximum rate specified in Section
75-17-103
, shall be payable at such place or places within or without the State of Mississippi, shall mature at such time or times and upon such terms and may be made redeemable prior to maturity with or without premium, shall bear such registration privileges and shall be in substantially such form as shall be determined by resolution of the governing authorities of such issuing authority.
Such bonds shall be executed by the manual or facsimile signature of the mayor or chairman and clerk or secretary of such issuing authority, with the seal of the issuing authority affixed thereto or reproduced thereon. Whenever such bonds shall have been signed by the officials designated to sign the same who were in office at the time of such signing but who may have ceased to be such officers prior to the date of the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.
Codes, 1942, § 3374-202; Laws, 1970, ch. 499, § 2; Laws, 1985, ch. 465, § 3, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-205 - Revenue bonds; sale

The governing authorities of such municipality shall sell such bonds on sealed bids at not less than par plus accrued interest to date of delivery of the bonds to the purchaser and in the manner provided in Section
31-19-25
, Mississippi Code of 1972.
Codes, 1942, § 3374-203; Laws, 1970, ch. 499, § 3, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-207 - Revenue bonds; negotiability; tax exemption

All bonds and interest coupons issued under the provisions of this article shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the State of Mississippi. Such bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi, except inheritance taxes.
Codes, 1942, § 3374-204; Laws, 1970, ch. 499, § 4, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-209 - Disposition of proceeds; additional bonds to provide for deficit; disposition of surplus

The principal proceeds of such bonds shall be paid into a special fund in a bank or banks qualified as depositories for the municipality or for the urban renewal agency or redevelopment authority to which the municipality has delegated its power and authority with respect to such parking facilities. The accrued interest and premium, if any, shall be paid into the fund established for the payment of the principal of and interest on such bonds. The principal proceeds shall be used solely for the purposes for which such bonds were issued, except as hereinafter provided, and shall be disbursed upon order of the board of commissioners of the urban renewal agency or redevelopment authority having jurisdiction of said parking facilities, or upon order of the governing authorities of such municipality, as the case may be. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project for which such bonds were issued and the redeeming of any outstanding bonds, then and in such event, unless otherwise provided in the resolution authorizing the issuance of such bonds, additional bonds may in like manner, be issued to provide the amount of such deficit. Unless otherwise provided in the resolution authorizing the issuance of bonds, such additional bonds shall be deemed to be of the same issue as the original bonds and shall be entitled to payment from the same funds without preference or priority to the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the project for which the bonds were issued, such surplus shall be paid into the fund established for the payment of the principal of and interest on such bonds.
Codes, 1942, § 3374-205; Laws, 1970, ch. 499, § 5, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-211 - Bonds payable out of net revenues; payments in lieu of taxes

Bonds issued under the provisions of this article shall be payable, both principal and interest, solely out of such (i) special taxes levied pursuant to subsection (1) of Section
43-35-202
, (ii) parking facility tax increment financing revenues as provided in subsection (2) of Section
43-35-202
, (iii) payments to be made to any redevelopment authority or urban renewal agency or municipality authorized pursuant to subsections (1), (2) or (3) of Section
43-35-202
, or (iv) net revenues to accrue from the operation of the parking facilities and related structures for which such bonds were issued or any combination thereof, as shall be specified in the resolution authorizing issuance of such bonds, and the full faith and credit of the issuing authority shall not be pledged therefor, and such fact shall be recited on the face of each bond. "Revenues" as used herein with respect to parking facilities shall mean all charges, rentals, tolls, rents, gifts, grants, contributions, and all other funds accruing from the operation, lease, or sale of parking facilities and related structures; "net revenues" as used herein, shall mean the revenues remaining after payment of costs and expenses of operation and maintenance of the parking facilities and related structures. The commissioners of an urban renewal agency or redevelopment authority may, in their discretion, make payments to the municipality and county within which such parking facilities are located, in lieu of taxes, and such payments may be deducted in determining net revenues to the extent permitted in the resolution under which such bonds are issued.
Codes, 1942, § 3374-206; Laws, 1970, ch. 499, § 6; Laws, 1985, ch. 465, § 4, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-213 - Covenants affecting security of bonds; bondholders' lien

(a)
A resolution issuing bonds in compliance with this article may include any covenants with the bondholders deemed necessary to make such bonds secure and marketable, including, but without limitation, covenants regarding the application of the bond proceeds; the pledging, application and securing of special taxes, parking facility tax increment financing revenues, payments from municipalities and counties, other revenues and the revenues of the parking facilities; the creation and maintenance of reserves; covenants to levy special taxes and other taxes; covenants to enforce agreements; the investment of funds; the issuance of additional bonds; the maintenance of minimum fees, charges and rentals; the operation and maintenance of facilities; insurance and insurance proceeds; accounts and audits; the sale of properties; remedies of bondholders; the vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; the terms and conditions upon which bondholders may exercise their rights and remedies; the replacement of lost, destroyed or mutilated bonds; the definition, consequences and remedies of an event of default; and the appointment of a receiver in the event of a default.
(b)
All taxes and revenues pledged to the payment of such bonds shall be subject to a lien in favor of the holders of such bonds, and all such taxes and revenues received by the issuing authority shall be immediately subject to such lien without any physical delivery thereof or further act by the issuing authority, and such lien shall be effective as against all parties asserting claims against the issuing authority, whether by way of tort, contract or otherwise, whether or not such parties may have had notice of such lien. Such pledge or trust agreement creating the same need not be filed or recorded except in the official minutes of the issuing authority.
(c)
The state does hereby covenant with the holders of any such bonds that it will not, while any such bonds shall be outstanding, limit or diminish the right and power of any county, municipality or urban renewal agency or redevelopment authority to establish, maintain and collect rates, fees, rentals and other charges pledged to the payment of such bonds, or to levy the special taxes authorized by this article, to fulfill any covenants with or for the benefit of such bondholders, or to make or receive payments pursuant to a parking facility tax increment financing plan.
Codes, 1942, § 3374-207; Laws, 1970, ch. 499, § 7; Laws, 1985, ch. 465, § 5, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-215 - Trust agreements

In the discretion of the issuing authority, all bonds may be further secured by a trust agreement between the issuing authority and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provisions for the issuance of additional bonds under the procedures established by this article for any of the purposes authorized by this law which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein.
The trust agreement may include provisions to the effect that, if there is any default in the payment of principal or interest on any of said bonds, any court of competent jurisdiction may appoint a receiver to administer the properties and facilities of the authority described in the trust agreement on behalf of the municipality or urban renewal agency or redevelopment authority, including authority to sell or make contracts for the sale of any services, facilities or commodities of the authority or to renew such contracts, subject to the approval of the court appointing the said receiver; and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of the said bonds and interest thereon in accordance with the resolution of the authority authorizing the issuance of such bonds and the said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent, plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee.
The powers herein granted may be exercised whether or not a trust agreement is entered into and, if no trust agreement is entered into, such provisions as are above authorized may be set out in the resolution authorizing the bonds.
Codes, 1942, § 3374-208; Laws, 1970, ch. 499, § 8, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-217 - Validation of bonds

Bonds authorized and issued hereunder shall be submitted to validation in the chancery court of the county in which such parking facilities are located, in the manner and with the same force and effect as now or hereafter provided by Chapter 13, Title 31, Mississippi Code of 1972.
Codes, 1942, § 3374-209; Laws, 1970, ch. 499, § 9, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 35 - URBAN RENEWAL AND REDEVELOPMENT (§§ 43-35-1 — 43-35-505) › Article 5 - OFF-STREET PARKING AND BUSINESS DISTRICT RENEWAL (§§ 43-35-201 — 43-35-237) › Section 43-35-219 - Attorney's fees

Prior to the authorization, issuance, and subsequent validation of bonds issued under this article, the issuing authority shall have secured the legal services of a competent practicing attorney or firm of attorneys. However, in no instance shall the attorney's fees paid for the issuance or refunding of such bonds exceed the following amounts, to-wit:
On all such bond issues the attorney's fees shall not exceed one percent (1%) of the first one million dollars ($1,000,000.00); one-half percent (1/2%) of all over one million dollars ($1,000,000.00) and not more than two million dollars ($2,000,000.00); and one-fourth percent (1/4%) of all amounts in excess of two million dollars ($2,000,000.00).
Codes, 1942, § 3374-210; Laws, 1970, ch. 499, § 10, eff. 4/3/1970.