Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 31 - PUBLIC IMPROVEMENT DISTRICTS (§§ 19-31-1 — 19-31-51) › Section 19-31-17 - Powers of district

(1)
The district shall have, and the board may exercise, the power:
(a)
To sue and be sued in the name of the district.
(b)
To adopt and use a seal and authorize the use of a facsimile thereof.
(c)
To acquire, by purchase, gift, devise or otherwise, and to dispose of, real and personal property.
(d)
To dedicate, donate or convey in any manner, real and personal property under such terms and conditions as may be agreed upon, to:
(i)
Nonprofit entities that have been issued a certificate of public convenience and necessity by the Public Service Commission; or
(ii)
Governmental entities.
(e)
To make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
(f)
To contract for the services of consultants to perform planning, engineering, financial, legal, or other appropriate services of a professional nature.
(g)
To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government or any person or any organization for any district purposes and enter into agreements required in connection therewith; and to hold, use and dispose of such monies or property for any district purposes in accordance with the terms of the gift, grant, loan or agreement relating thereto.
(h)
To adopt bylaws prescribing the powers, duties and functions of the officers of the district, the conduct of the business of the district and the maintenance of records.
(i)
To maintain an office at such place or places as it may designate within a county in which the district is located, which office must be reasonably accessible to the landowners. Meetings shall be held at such office or such other location as may be designated by the board.
(j)
To hold, control and acquire by donation, or purchase or dispose of, any public servitudes or dedications to public use and to make use of such servitudes or dedications for any of the purposes authorized by this chapter.
(k)
To lease as lessor or lessee to or from any person, firm, corporation, association, or body public or private, any projects of the type that the district is authorized to undertake and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this chapter.
(l)
To borrow money and issue bonds, certificates, warrants, notes or other evidence of indebtedness as provided in this chapter; to levy such special assessments as may be authorized; and to charge, collect and enforce fees and other user charges.
(m)
To acquire property within the boundaries of the district for public use through condemnation, exercised pursuant to Sections
11-27-1
through
11-27-51
, subject to the approval of the governing body of the county and/or the municipality that enacted the ordinance establishing the district.
(n)
To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services; to finance projects and to pledge user charges and fees for the payment of any bond or other indebtedness of the district; and to enforce the receipt and collection of user charges and fees in the manner prescribed by resolution not inconsistent with law.
(o)
To cooperate, contract, or enter into contribution agreements with other governmental agencies, including the governing bodies of counties and/or municipalities, as may be necessary, convenient, incidental or proper in connection with any of the powers, duties or purposes authorized by this chapter.
(p)
To determine, order, levy, impose, collect and enforce special assessments pursuant to this chapter.
(q)
To enter into interlocal cooperative agreements pursuant to Sections
17-13-1
through
17-13-17
.
(r)
To covenant with the holders of assessment bonds or other obligations that it will diligently and faithfully enforce and collect all the special assessments, charges and fees, and interest and penalties thereon.
(s)
To exercise all of the powers necessary and proper in connection with any of the powers, duties or purposes authorized by this chapter.
(2)
In the event that the board is unable or unwilling to perform its duties or exercise its powers under this chapter, the governing authorities of the municipality in which the district is contained shall be authorized to exercise all of the powers enumerated in subsection (1)(a) through (s) of this section in addition to all of the powers necessary and proper in connection with any of the powers, duties or purposes authorized by this chapter.
Laws, 2002, ch. 499, § 9; Laws, 2003, ch. 488, § 1; Laws, 2012, ch. 468, § 4, eff. 4/24/2012.
Amended by Laws, 2023, ch. 317, SB 2839,§ 4, eff. 7/1/2023.