reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › IN GENERAL (§§ 19-5-1 — 19-5-105) › Section 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)
.
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, eff. 8/27/1981.
Amended by Laws, 2017, ch. 405, SB 2013, 1, eff. 4/5/2017.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › IN GENERAL (§§ 19-5-1 — 19-5-105) › Section 19-5-96 - Medical and hospital care for county fire department personnel engaged in fire duty or emergency medical services for injury sustained or occupational disease contracted in the line of duty; payment of insurance premiums

In all counties of this state maintaining a paid or volunteer fire department, the personnel of which department is actively and exclusively engaged in fire duty or emergency medical services, the board of supervisors of such county may pay out of the general fund of such county reasonable hospital and medical expenses for any member of said fire department on account of any occupational disease contracted or for any accident or injury sustained by said member by reason of his service or discharge of his duty in said department. Where hospital and medical expenses are to be paid directly from the county's general fund, the board of supervisors of such county shall be the sole judge as to whether such illness or such injury was contracted or sustained in the line of duty of any such employee, and the reasonableness of said expenses.
Further, the board of supervisors of such county may pay out of the general fund insurance premiums for the purchase of insurance covering hospital and medical expenses for any member of said fire department on account of any occupational disease contracted or for any accident or injury sustained by said member by reason of his service or discharge of his duty in said department.
In addition, the board of supervisors of such county may pay out of the general fund insurance premiums for the purchase of accident, death or disability insurance covering any member of said fire department for expenses associated with any occupational disease contracted or for any accident or injury sustained by said member by reason of his service or discharge of his duty in said department.
Added by Laws, 2022, ch. 503, SB 2357,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › IN GENERAL (§§ 19-5-1 — 19-5-105) › Section 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.
Codes, 1942, § 2912.3; Laws, 1968, ch. 283, § 1, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › IN GENERAL (§§ 19-5-1 — 19-5-105) › Section 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.
Codes, 1942, § 7185-31; Laws, 1972, ch. 514, § 1, eff. 5/22/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › IN GENERAL (§§ 19-5-1 — 19-5-105) › Section 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.
Laws, 2010, ch. 355, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › LOCAL GOVERNMENT SOLID WASTE COLLECTION AND DISPOSAL ASSISTANCE ACT OF 1994 (§§ 19-5-107 — 19-5-109) › Section 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.
Laws, 1994, ch. 624, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › LOCAL GOVERNMENT SOLID WASTE COLLECTION AND DISPOSAL ASSISTANCE ACT OF 1994 (§§ 19-5-107 — 19-5-109) › Section 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.
Laws, 1994, ch. 624, § 2; Laws, 1996, ch. 536, § 3; Laws, 1997, ch. 423, § 3, eff. 3/24/1997.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › ALLOCATION OF CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS TO CERTAIN ENTITIES (§ 19-5-131) › Section 19-5-131 - Boards of supervisors authorized to directly allocate Coronavirus Local Fiscal Recovery funds to publicly-constituted water or sewer associations to fund water and sewer infrastructure projects

(1)
The boards of supervisors of any county in the State are hereby authorized to directly allocate Local Fiscal Recovery Funds made available under the federal American Rescue Plan Act of 2021 to rural water associations, water supply districts, regional utility districts or regional utility authorities, and all other publicly constituted bodies which supply water, sewer, or storm water services to the people of the county for the purposes of funding water and sewer infrastructure projects.
(2)
The boards of supervisors are further authorized to directly allocate such funds to incorporated municipalities for the purposes of funding water, sewer and storm water infrastructure projects.
(3)
If the recipient association, district, authority or municipality serves customers in two (2) or more counties, the majority of water meters for the association, district, authority or municipality must be located in the county allocating such funds.
Added by Laws, 2023, ch. 468, SB 2512,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
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. 3/17/2008.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff. 4/16/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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 (Y) opposite their choice.
Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff. 4/16/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff. 4/16/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff. 4/16/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-21; Laws, 1972, ch. 536, § 1; Laws, 1973, ch. 493, § 1, eff. 4/16/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Laws, 1973, ch. 493, § 1, eff. 4/16/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-22; Laws, 1972, ch. 536, § 2; Laws, 1999, ch. 304, § 3, eff. 8/2/1999 (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).
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-23; Laws, 1972, ch. 536, § 3; Laws, 1999, ch. 304, § 5, eff. 8/2/1999 (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).
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-25; Laws, 1972, ch. 536, § 5; Laws, 1973, ch. 370, § 1; ch. 396, § 1, eff. 3/28/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
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. 7/27/1992 (the date the United States Attorney General interposed no objection to this amendment).
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-28; Laws, 1972, ch. 536, § 8, eff. 5/23/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
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. 1/1/1988.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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 (1/1
0
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.
Codes, 1942, § 2998.7-31; Laws, 1972, ch. 536, § 11, eff. 5/23/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-32; Laws, 1972, ch. 536, § 12, eff. 5/23/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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
.
Codes, 1942, § 2998.7-35; Laws, 1972, ch. 536, § 15, eff. 5/23/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 19-5-195 - Rates, fees, tolls or charges for use of system

Except as provided in Section
19-5-177(1)(e)
, 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.
Codes, 1942, § 2998.7-36; Laws, 1972, ch. 536, § 16, eff. 5/23/1972.
Amended by Laws, 2022, ch. 339, HB 1098,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-37; Laws, 1972, ch. 536, § 17, eff. 5/23/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-38; Laws, 1972, ch. 536, § 18, eff. 5/23/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-30; Laws, 1972, ch. 536, § 10; Laws, 1973, ch. 433, § 2, eff. 3/31/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Laws, 1973, ch. 493, § 1, eff. 4/16/1973.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-31; Laws, 1972, ch. 536, § 11, eff. 5/23/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › WATER, SEWER, GARBAGE DISPOSAL, AND FIRE PROTECTION DISTRICTS (§§ 19-5-151 — 19-5-207) › Section 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.
Codes, 1942, § 2998.7-40; Laws, 1972, ch. 536, § 20, eff. 5/23/1972.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 5 - HEALTH, SAFETY AND PUBLIC WELFARE (§§ 19-5-1 — 19-5-371) › FIRE PROTECTION GRADING DISTRICTS (§§ 19-5-215 — 19-5-241) › Section 19-5-215 - Fire protection grading districts

Any contiguous area situated within any county of the state, and not being situated within the corporate boundaries of any existing municipality, may become incorporated as a fire protection grading district solely for the purpose of grading by the Mississippi Rating Bureau for fire protection classification in the manner set forth in the following sections.
Laws, 1992, ch. 387, § 1, eff. 7/27/1992 (the date the United States Attorney General interposed no objection to this amendment).