reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-13 - Proof of authorization or existence of county or regional railroad authority

In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of a county railroad authority, created pursuant to Section
19-29-7
, the county authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers upon proof of the adoption by the county of the resolution creating the county railroad authority and of the appointment and qualification of the first commissioners thereof.
In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of a regional railroad authority, such regional railroad authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers upon proof of the issuance by the Secretary of State of a certificate of incorporation of such regional railroad authority.
Laws, 1980, ch. 544, § 7; Laws, 1991, ch. 573, § 106, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-15 - Commissioners; expenses; quorum; officers

A commissioner of an authority shall receive no compensation for his services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners shall be filed with the authority.
The powers of each authority shall be vested in the commissioners thereof. A majority of the commissioners of an authority shall constitute a quorum for the purpose of conducting the business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present.
There shall be elected a chairman and vice chairman from among the commissioners.
Laws, 1980, ch. 544, § 8, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-19 - Acquisition of property by eminent domain

In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by Chapter 27 of Title 11, Mississippi Code of 1972, and as elsewhere provided by law. For the purpose of making surveys and examinations relative to eminent domain proceedings, it shall be lawful for the authority to enter upon the land, doing no damage. Notwithstanding the provisions of any other statute or other law, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of such proceedings. The authority shall not be precluded from abandoning such proceedings at any time prior to final order and decree of the court having jurisdiction of such proceedings. The authority shall be liable to the owner of the property for any damage done to the property during possession thereof by the authority.
Laws, 1980, ch. 544, § 10, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-21 - Disposal of railroad property or facilities

Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by Section
19-29-17
an authority may, by sale, lease or otherwise, dispose of any of its railroad property and facilities, or other property, or portion thereof or interest therein, acquired pursuant to this chapter. Such disposal by sale, lease or otherwise shall be in accordance with the laws of this state governing the disposition of other public property, except that in the case of disposal to another authority, a municipality or county or an agency of the state or federal government for use and operation as a public railroad, the sale, lease or other disposal may be effected in such manner and upon such terms as the commissioners of the authority may deem in the best interest of the railroad system in this state.
Laws, 1980, ch. 544, § 11, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-23 - Contracts or leases in connection with operation of railroad properties and facilities

(1)
In connection with the operation of railroad properties and facilities owned or controlled by an authority, the authority may enter into contracts, leases and other arrangements with any persons:
(a)
Granting the privilege of using or improving the railroad properties and facilities or any portion or facility thereof or space therein for railroad purposes;
(b)
Conferring the privilege of supplying goods, commodities, things, services or facilities at railroad properties and facilities; and
(c)
Making available services to be furnished by the authority or its agents at the railroad properties and facilities.
In each case the authority may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and which shall be established with due regard to the property and improvements used and the expenses of operation to the authority.
(2)
Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by Section
19-29-9
, an authority may, by contract, lease or other arrangements, upon a consideration fixed by it, grant to any qualified person for a term to be agreed upon, the privilege of operating, as agent of the authority or otherwise, any railroad owned or controlled by the authority.
Laws, 1980, ch. 544, § 12, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-25 - Rules and regulations

An authority is authorized to adopt, amend and repeal such reasonable resolutions, rules, regulations and orders as it shall deem necessary for the management, government and use of any railroad properties and facilities owned by it or under its control. No rule, regulation, order or standard prescribed by the commission shall be inconsistent with, or contrary to, this chapter, or any act of the Congress of the United States or any regulation promulgated or standard established pursuant thereto. The authority shall keep on file at the principal office of the authority for public inspection a copy of all its rules and regulations.
Laws, 1980, ch. 544, § 13, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-27 - Designation of agent for receipt and disbursement of funds

An authority is authorized to designate the Governor's office of planning and coordination as its agent to accept, receive, receipt for and disburse federal and state moneys, and other moneys, public or private, made available by grant or loan or both, to accomplish in whole or in part, any of the purposes of this chapter. All moneys received by the said agent pursuant to this section shall be deposited in the state treasury, and unless otherwise prescribed by the agency from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for such purpose.
Laws, 1980, ch. 544, § 14, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-29 - Issuance of bonds by authority; security; limitation of liability thereon; tax exemption

An authority shall have power to issue bonds from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable out of income or revenues from certain designated railroad properties and facilities and/or out of any general revenues of the authority, including income or revenues received from the federal government or from other sources. Any such bonds may be additionally secured by a pledge of any grant or contributions from the federal government or other source, or a pledge of any income or revenues of the authority, or a mortgage of any railroad properties and facilities of the authority.
Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority (and such bonds and obligations shall so state on their face) shall not be a debt of the city, the county, the state or any political subdivision thereof and neither the city or the county, nor the state or any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said authority. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.
Laws, 1980, ch. 544, § 15, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-31 - Resolution authorizing issuance of bonds; terms and covenants

The issuance of bonds by an authority shall be authorized by a resolution of the governing body of such authority. Every such resolution shall be adopted by the affirmative vote of at least three-fifths (3/5) of all the members of such governing body.
A resolution in compliance with this section shall include any covenants with the bondholders deemed necessary by the commissioners 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 the revenues of the authority, including tolls, fees, rents, charges or any other revenues derived from the operation of the railroad and related uses of the property, the creation and maintenance of reserves; the investment of funds; the issuance of additional bonds; the maintenance of minimum fees, charges and rentals; the operation and maintenance of its railroad properties and facilities, insurance and insurance proceeds; accounts and audits; the sale of railroad properties and facilities; 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; the amendment of such resolution; and the appointment of a receiver in the event of a default.
Upon final enactment, each such resolution shall be published in full.
Laws, 1980, ch. 544, § 16, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-37 - Bonds to be legal investments and negotiable instruments

The bonds issued under the provisions of this chapter shall be legal investments for the state, municipal corporations, political subdivisions, public bodies, commercial banks, savings and loan associations and insurance companies organized under the laws of this state.
All bonds and appurtenant coupons issued pursuant to this chapter shall be negotiable instruments within the meaning of the Uniform Commercial Code of the State of Mississippi.
Laws, 1980, ch. 544, § 19, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-39 - Property and income of authority exempt from taxation

Any property in this state acquired by an authority for railroad purposes pursuant to the provisions of this chapter, and any income derived by the authority from the ownership, operation or control thereof shall be exempt from taxation to the same extent as other property belonging to political subdivisions of this state.
Laws, 1980, ch. 544, § 20, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-41 - Real property of authority exempt from levy and execution

All real property of an authority 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 any judgment against an authority be for a charge or lien upon its real property; however, the provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees or revenues.
Laws, 1980, ch. 544, § 21, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-43 - Aid and cooperation of political subdivisions

For the purpose of aiding and cooperating in the planning, undertaking, acquisition, construction, reconstruction or operation of the railroad facilities pursuant to the provisions of this chapter, any county for which an authority has been created and any city, town or village located therein, may, upon such terms, with or without consideration, as it may determine:
(a)
Lend or donate money out of the county or municipal general fund to the authority;
(b)
Provide that all or a portion of the taxes or funds available or to become available to, or required by law to be used by the county for railroad purposes be transferred or paid directly to the railroad authority as such funds become available to the county;
(c)
Cause water, sewer or drainage facilities, or any other facilities which it is empowered to provide, to be furnished adjacent to or in connection with such railroad or railroad facilities;
(d)
Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein to the authority;
(e)
Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways and walks from established streets or roads to such railroads or railroad facilities;
(f)
Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, reconstruction, acquisition or operation of railroads or railroad facilities; and
(g)
Enter into agreements with the authority respecting action to be taken by the county, city, town or village pursuant to the provisions of this section.
Laws, 1980, ch. 544, § 22, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-45 - Annual report and recommendations of railroad authorities

At least once a year an authority shall file with the clerk of the board of supervisors of the county, or each county if it is a regional authority, and the Governor's office of planning and coordination, a report of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this chapter.
Laws, 1980, ch. 544, § 23, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-47 - Provisions inapplicable to certain counties with port commissions

The provisions of this chapter shall not be applicable with respect to any county in which an existing port commission is authorized to purchase and operate or lease railroad facilities pursuant to Section
59-7-453
, Mississippi Code of 1972.
Laws, 1980, ch. 544, § 24, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-49 - Powers to be supplemental

The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.
Laws, 1980, ch. 544, § 25, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 19 - COUNTIES AND COUNTY OFFICERS (§§ 19-1-1 — 19-31-51) › Chapter 29 - LOCAL AND REGIONAL RAILROAD AUTHORITIES (§§ 19-29-1 — 19-29-51) › Section 19-29-51 - Provisions to be controlling

Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling.
Laws, 1980, ch. 544, § 26, eff. 7/1/1980.
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 19-31-1 - Short title

This chapter shall be known and may be cited as the "Public Improvement District Act."
Laws, 2002, ch. 499, § 1, eff. 4/1/2002.
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 19-31-3 - Legislative findings

The Legislature finds that:
(a)
There is a need for uniform, focused and fair procedures in state law to provide a reasonable alternative for the establishment, power, operation and duration of independent districts to manage and finance basic public improvement services; and that, based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive and economic way to deliver these basic services, thereby providing a solution to the state's planning, management and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening counties and municipalities and their taxpayers.
(b)
It is the legislative intent and purpose to authorize a uniform procedure by general law to establish an independent special district as an alternative method to manage and finance basic services for public improvements through the levy and collection of special assessments. It is further the legislative intent and purpose to provide by general law for the uniform operation, exercise of power and procedure for termination of any such independent district. It is further the purpose and intent of the Legislature that a district created under this chapter not have or exercise any zoning or permitting power. It is further the purpose and intent of the Legislature that no debt or obligation of a district shall constitute a burden on any local government without its consent.
Laws, 2002, ch. 499, § 2, eff. 4/1/2002.
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 19-31-10 - Municipality in which public improvement district is contained is authorized to perform duties and exercise powers of board under certain circumstances

It is the intent of the Mississippi Legislature that, when the board of a public improvement district is unable or unwilling to perform its statutory duties or exercise its statutory powers, the governing authorities of the municipality in which the district is contained shall be authorized to perform such duties or exercise such powers in the place of the board.
Amended by Laws, 2023, ch. 317, SB 2839,§ 1, eff. 7/1/2023.
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 19-31-11 - District manager; powers and duties; compensation; treasurer; district funds; audit; depository for district funds

(1)
The board, or if necessary, the governing authorities of the municipality in which the district is contained, shall employ and fix the compensation of a district manager. The district manager shall have charge and supervision of the works of the district and shall be responsible for (a) preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this chapter, (b) maintaining and operating the equipment owned by the district, and (c) for performing such other duties as may be prescribed by the board. The district manager may hire or otherwise employ and terminate the employment of such other persons including, without limitation, professional, supervisory and clerical employees, as may be necessary as authorized by the board. The compensation and other conditions of employment of the officers and employees of the district shall be as provided by the board. The district manager, a board member or district employee may be a stockholder, officer or employee of a landowner.
(2)
The board, or if necessary, the governing authorities of the municipality in which the district is contained, shall designate a person who is a resident of the state as treasurer of the district, who shall have charge of the funds of the district. Such funds shall be disbursed only upon the order or pursuant to the resolution of the board or municipality by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board. The board or municipality may give the treasurer such other or additional powers and duties as the board may deem appropriate and may fix his or her compensation. The board or municipality may require the treasurer to give a bond in such amount on such terms, and with such sureties as may be deemed satisfactory to the board to secure the performance by the treasurer of his or her powers and duties. The financial records of the district shall be audited by an independent certified public accountant at least once a year.
(3)
The board or municipality may select as a depository for its funds any qualified public depository as provided for under Sections
27-105-301
through
27-105-371
.
Laws, 2002, ch. 499, § 6, eff. 4/1/2002.
Amended by Laws, 2023, ch. 317, SB 2839,§ 3, eff. 7/1/2023.
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 19-31-13 - Compliance with county budget law; submission of proposed annual budget 60 days prior to adoption

(1)
The district shall comply with Sections
19-11-1
through
19-11-27
, the County Budget Law.
(2)
At least sixty (60) days before adoption of the annual budget, the district board shall submit to the local governing authorities having jurisdiction over the area included in the district for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year and any proposed long-term financial plan or program of the district for future operations.
Laws, 2002, ch. 499, § 7, eff. 4/1/2002.
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 19-31-15 - Full disclosure of information relating to public financing and maintenance of improvements

The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents and to all prospective residents of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information who shall provide each prospective initial purchaser of property in that development with a copy.
Laws, 2002, ch. 499, § 8, eff. 4/1/2002.
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 19-31-19 - Special powers relating to public improvements and community facilities

The district shall have, and the board, or if necessary, the governing authorities of the municipality in which the district is contained, may exercise, any or all of the special powers relating to public improvements and community facilities authorized by this chapter. The district or municipality shall have the power to finance, fund, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems, facilities, projects and basic infrastructures that are within the district, or which benefit or serve the district, for the following:
(a)
Water management and control for the lands within the district and connection of some or any of such facilities with roads and bridges;
(b)
Water supply, sewer and wastewater management, reclamation and reuse, or any combination thereof;
(c)
Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill or cut and roadways over levees and embankments;
(d)
District roads equal to or exceeding the specifications of the county in which such district roads are located, including street lights and the location of underground utilities;
(e)
Parks and facilities for indoor and outdoor recreational, cultural and educational uses, and other tourism related infrastructure and facilities;
(f)
Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment;
(g)
Security, except that the district may not exercise any police power, but may contract with the appropriate local governmental agencies for an increased level of such services within the district boundaries;
(h)
Waste collection and disposal;
(i)
Systems, as defined in Section
21-27-11(b)
; and
(j)
Projects, as defined in this chapter.
Laws, 2002, ch. 499, § 10; Laws, 2012, ch. 468, § 5, eff. 4/24/2012.
Amended by Laws, 2023, ch. 317, SB 2839,§ 5, eff. 7/1/2023.
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 19-31-21 - Public hearing and determination of public interest required before district may purchase, sell, dedicate, donate or convey in any manner, or enter into management contract for public wastewater utility

No public improvement district may purchase, sell, dedicate, donate or convey in any manner a water or wastewater utility that provides service to the public, or enter into a management contract for such facilities, until the board has held a public hearing on the purchase, sale, dedication, donation, conveyance or management contract and has made a determination that the purchase, sale or management contract is in the public interest.
Laws, 2002, ch. 499, § 11; Laws, 2003, ch. 488, § 2, eff. 3/28/2003.
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 19-31-25 - Pledge made by district valid and binding; recording or filing not required for perfection of lien or security interest in pledged property

Any pledge made by the district or the governing authorities of the municipality in which the district is contained, when such governing authority is acting in the place of the district, shall be valid and binding from time to time when the pledge is made without the need for physical delivery of any pledged property. The money, assets or revenues of the district so pledged and thereafter received by the district shall be immediately subject to the lien of such pledge and shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the district, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed in order to establish and perfect a lien or security interest in the property so pledged by the district.
Laws, 2002, ch. 499, § 13, eff. 4/1/2002.
Amended by Laws, 2023, ch. 317, SB 2839,§ 6, eff. 7/1/2023.
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 19-31-27 - Creation and operation of district a public and governmental purpose; district exempt from state and local taxes

It is hereby determined that the creation of the district and the carrying out of its public functions and corporate purposes is, in all respects, a public and governmental purpose for the benefit of the people of the state and for the improvement of their health, safety, welfare, prosperity and security, that such functions and purposes are public purposes and that the district will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. All obligations authorized to be issued by the district pursuant to the provisions of this chapter, together with interest thereof, income therefrom, and gain upon the sale thereof shall be exempt from all state and local taxes.
Laws, 2002, ch. 499, § 14, eff. 4/1/2002.
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 19-31-29 - Bonds

Bonds issued under the provisions of this chapter shall be limited obligations of the district payable solely from the sources pledged for the payment thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the full faith and credit of the state nor the full faith and credit of any governmental unit of the state are pledged to the payment of the principal of or the interest on such bonds. Except as provided in a contribution agreement, the issuance of bonds under the provisions of this chapter shall not directly, indirectly or contingently obligate the state or any governmental unit of the state to levy any taxes or to make any appropriation for their payment arising out of contracts authorized under this chapter.
Laws, 2002, ch. 499, § 15; Laws, 2012, ch. 468, § 7, eff. 4/24/2012.
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 19-31-31 - Authorization for certain persons to use certain funds for purchase of district-issued obligations

The state and all public officers, any county, municipality or other subdivision or instrumentality of the state, any political subdivision, any bank, banker, trust company, savings bank and institution, building and loan association, savings and loan association, investment company or any person carrying on a banking or investment business, any insurance company or business, insurance association and any person carrying on an insurance business, any executor, administrator, curator, trustee and other fiduciary, and any retirement system fund may legally invest any sinking funds, monies or other funds belonging to them or within their control in any bonds or other obligations issued by the district pursuant to the provisions of this chapter, and such bonds or other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize such persons, firms, corporations, associations, political subdivisions and officers, or other entities public or private, to use any funds owned or controlled by them, including but not limited to sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations of the district and that any such bonds shall be authorized security for all public deposits. However, nothing contained in this section with regard to legal investments or security for public deposits shall be construed as relieving any such person, firm, corporation or other entity from any duty of exercising reasonable care in selecting securities.
Laws, 2002, ch. 499, § 16, eff. 4/1/2002.
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 19-31-35 - Enforcement of liens

Any lien in favor of the district arising under this chapter may be enforced by the district in a court of competent jurisdiction as provided by law.
Laws, 2002, ch. 499, § 18; Laws, 2012, ch. 468, § 9, eff. 4/24/2012.
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 19-31-37 - Compliance with public purchasing provisions of Title 31, Chapter 7

The district shall comply with the provisions of Section
31-7-1
et seq., regarding the construction of public works or the purchase of materials or supplies.
Laws, 2002, ch. 499, § 19, eff. 4/1/2002.
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 19-31-39 - Establishment and collection of rates, fees, rentals, or other charges for use of district facilities and services; public hearing; notice

(1)
The district, or if necessary, the governing authorities of the municipality in which the district is contained, may prescribe, fix, establish and collect rates, fees, rentals or other charges for the facilities and services furnished by the district, within the limits of the district, including, but not limited to, recreational facilities, water management and control facilities and water and sewer systems. The district may also recover the costs of making connection with any district facility or system and provide for reasonable penalties against any user or property for any such rates, fees, rentals or other charges that are delinquent.
(2)
No such rates, fees, rentals or other charges for any of the facilities or services of the district may be fixed until after a public hearing at which all the users of the proposed facility or services shall have an opportunity to be heard concerning the proposed rates, fees, rentals or other charges. Notice of such public hearing setting forth the proposed schedule of rates, fees, rentals and other charges shall be published in a newspaper having general circulation in each county where the district is located once at least ten (10) days before such public hearing.
Laws, 2002, ch. 499, § 20; Laws, 2012, ch. 468, § 10, eff. 4/24/2012.
Amended by Laws, 2023, ch. 317, SB 2839,§ 7, eff. 7/1/2023.
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 19-31-41 - Nonpayment, delinquency charges, and discontinuance of service

The district, or if necessary, the governing authorities of the municipality in which the district is contained, shall provide by ordinance with respect to nonpayment, delinquency charges and discontinuance of service for water and sewer services provided by the district.
Laws, 2002, ch. 499, § 21, eff. 4/1/2002.
Amended by Laws, 2023, ch. 317, SB 2839,§ 8, eff. 7/1/2023.
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 19-31-43 - Change in district boundaries; termination or dissolution of district

(1)
The boundaries of the district may be contracted or expanded in the same manner in which the district was created pursuant to this chapter; however, the petition must be filed by the board and must contain the written consent of all landowners within only the proposed area of expansion or contraction.
(2)
(a)
Subject to the limitations of paragraph (b) of this subsection, the district may be terminated or dissolved in one (1) of the following ways:
(i)
The district may be terminated or dissolved upon the transfer of all the public improvement services of the district to a unit of local government. The district shall be terminated in accordance with a plan of termination which shall be adopted by the board of directors and filed with the clerk of the court.
(ii)
If, within five (5) years after the effective date of the ordinance creating the district, a landowner has not received a development permit on some part or all of the area covered by the district, then the district will be automatically dissolved and a court of competent jurisdiction shall cause a statement to that effect to be filed in the public records.
(iii)
If the district has become inactive, the county or municipality that created the district shall be informed and shall take appropriate action.
(b)
Following the establishment of the district with no timely appeal challenging the district, a district may not be dissolved or terminated if any bonds issued by the district, or bonds for which the district is obligated, are outstanding or are secured by special assessments or other security instruments to which the district is a party in connection with the bonds.
Laws, 2002, ch. 499, § 22; Laws, 2012, ch. 468, § 11, eff. 4/24/2012.
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 19-31-45 - Disclosure statement in contracts and instruments of conveyance of parcels of real property

After the establishment of a district under this chapter, each contract and instrument of conveyance of a parcel of real property within the district shall include, immediately before the space reserved in the contract and instrument of conveyance for the signature of the purchaser, the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract and the instrument of conveyance: "THE (Name of District) PUBLIC IMPROVEMENT DISTRICT MAY IMPOSE AND LEVY ASSESSMENTS ON THIS PROPERTY. THESE ASSESSMENTS PAY THE CONSTRUCTION, OPERATION AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
However, the failure to include the above language does not and may not be deemed to invalidate any assessment levied by the district or the contract or instrument of conveyance of the real property.
Laws, 2002, ch. 499, § 23; Laws, 2012, ch. 468, § 12, eff. 4/24/2012.
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 19-31-47 - Notice of establishment of public improvement district

Within thirty (30) days after the effective date of the ordinance establishing a public improvement district under this chapter, the district shall cause to be recorded in the sectional index and the subdivisional index, if applicable, in the land records in each county in which it is located a "Notice of Establishment of the ____________________ Public Improvement District." The notice shall include the legal description of the district and a copy of the disclosure statement specified in this chapter.
Laws, 2002, ch. 499, § 24; Laws, 2007, ch. 405, § 5, eff. 7/2/2007; Laws, 2012, ch. 468, § 13, eff. 4/24/2012.
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 19-31-49 - Chapter to be liberally construed

This chapter, being necessary for the welfare of the state and its residents, shall be liberally construed to effectuate its purposes.
Laws, 2002, ch. 499, § 25, eff. 4/1/2002.
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 19-31-51 - Certificate of public convenience and necessity

(1)
No public improvement district established under this chapter shall provide any utility service described in Section
77-3-3(d)
to or for the public for compensation without first obtaining a certificate of public convenience and necessity from the Public Service Commission.
(2)
Nothing contained in this section shall prohibit the Public Service Commission from issuing a certificate of public convenience and necessity to any person for service in uncertificated areas within public improvement district boundaries.
(3)
Notwithstanding any law to the contrary, water and/or sewer districts that petition the Public Service Commission for a certificate of public convenience and necessity for any uncertificated area shall give written notice by regular mail to all property owners located in such area, as reflected on the tax rolls of the county or counties at the time of filing the petition, at the address listed on the tax rolls of the county or counties within such area, and to public improvement districts and other public entities located in such area. Such notice shall give the property owners and the governmental entities instructions on how they may appear before the Public Service Commission and make any objections or otherwise participate as an interested party.
Laws, 2002, ch. 499, § 26; Laws, 2003, ch. 307, § 1, eff. 2/27/2003.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › GENERAL PROVISIONS (§§ 21-1-1 — 21-1-11) › Section 21-1-1 - Classification of municipalities

The municipal corporations existing in this state are divided into three classes, to wit: cities, towns and villages. Those having two thousand inhabitants or more shall be classed as cities; those having less than two thousand and not less than three hundred inhabitants shall be classed as towns; and those having less than three hundred and not less than one hundred inhabitants shall be classed as villages. No municipal corporation shall be created hereafter except those classed as cities or towns. However, a municipality may be created in an area embracing not less than one square mile wherein there is then in existence or under construction not less than one mile of improved hard surface streets, with a total of not less than six streets making up said one mile of hard surface streets and there then exists or is under construction a public utilities system which shall include a waterworks system or sewerage system, or both. Nothing herein shall affect the status of any municipal corporation heretofore created and now existing, and all such municipal corporations, including villages, shall continue to exist as such with all the rights and privileges thereof.
Codes, 1892, § 2911; 1906, § 3299; Hemingway's 1917, § 5795; 1930, § 2369; 1942 § 3374-01; Laws, 1900, ch. 70; Laws, 1950, ch. 491, § 1; Laws, 1964, ch. 494, eff. 6/6/1964.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › GENERAL PROVISIONS (§§ 21-1-1 — 21-1-11) › Section 21-1-3 - Change of classification according to federal census

Whenever a census taken under an act of Congress shall show that the population of a city, town or village has increased or diminished so as to take or place such city, town or village out of the class to which it theretofore has belonged, the governing authorities of the municipality shall enter an order on the minutes thereof reciting such fact and adjudging the proper class of such municipality according to such census, and shall forward a certified copy of such order to the secretary of state, who shall file same with the other records pertaining to such municipality and keep same as a permanent record. Thereafter, such municipality shall be classed according to the population shown by such census, and such census shall be conclusive on the question of such classification.
Codes, 1892, § 2917; 1906, § 3308; Hemingway's 1917, § 5804; 1930, § 2379; 1942, § 3374-26; Laws, 1896, ch. 166; Laws, 1950, ch. 491, § 26, eff. 7/1/1950.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › GENERAL PROVISIONS (§§ 21-1-1 — 21-1-11) › Section 21-1-5 - Corporate names

The corporate name of a city shall be "The City of ____________________." The corporate name of a town shall be "The town of ____________________." The corporate name of a village shall be "The village of ____________________." In each case the blank shall be filled in with the name by which such municipality has been legally designated.
Codes, 1892, § 2912; 1906, § 3300; Hemingway's 1917, § 5796; 1930, § 2370; 1942, § 3374-02; Laws, 1938, ch. 335; Laws, 1950, ch. 491, § 2.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 1 - CLASSIFICATION, CREATION, ABOLITION, AND EXPANSION (§§ 21-1-1 — 21-1-67) › GENERAL PROVISIONS (§§ 21-1-1 — 21-1-11) › Section 21-1-7 - Changing corporate name

The mayor and board of aldermen or municipal authorities may change the name of any municipality by preparing in writing the proposed change and having same published for three weeks in a newspaper published in such municipality, if there be one, and, if none, then by posting for said time in at least three public places therein, after which the proposed change shall be submitted to the governor for his approval. If, after publication is made, one-tenth of the qualified electors of the municipality shall within ten days after the completion of such publication protest against the proposed change, the governor shall not approve same until it shall be submitted to and ratified by a majority of the qualified electors of the municipality. When approved by the governor, the same shall be recorded in the office of the secretary of state and upon the record of the municipal governing authorities.
Codes, 1906, § 3445; Hemingway's 1917, § 6005; 1930, § 2615; 1942, § 3374-30; Laws, 1950, ch. 491, § 30, eff. 7/1/1950.