Mississippi Code 1972 (2023) › Title 59 - PORTS, HARBORS, LANDINGS AND WATERCRAFT (§§ 59-1-1 — 59-25-17) › Chapter 9 - COUNTY PORT AUTHORITY OR DEVELOPMENT COMMISSION (§§ 59-9-1 — 59-9-85) › Section 59-9-51 - County-wide election on issuance of bonds under sections 59-9-37 and 59-9-41

A county-wide election shall be held to determine whether such bonds, as are provided for in Sections
59-9-37
and
59-9-41
, may be issued. Upon the calling of an election, notice of such election shall be signed by the clerk of the board of supervisors and shall be published once a week for at least three consecutive weeks in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed for such election, and the last publication shall be made not more than seven days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one days next preceding such election in three public places in such county. Such election shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such county may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words "FOR THE BOND ISSUE" and "AGAINST THE BOND ISSUE," and the voter shall vote by placing a cross (x) or check (Y) opposite his choice on the proposition. When the results of the election on the question of the issuance of such bonds shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, and unless a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote thereon in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best. However, the board of supervisors, in its discretion may, in lieu of the foregoing provisions, adopt a resolution reciting its intention to issue bonds for the purposes authorized by this chapter, stating the amount of bonds proposed to be issued and the date upon which further action will be taken by the board looking toward the issuance of such bonds. Such resolution shall be published once a week for at least three successive weeks in a newspaper published and of general circulation within such county. The first of such publications shall be made at least twenty-one days prior to the date set forth in said resolution as the date upon which further action will be taken by the board, and the last of such publications shall be made not more than seven days prior to such date. If, prior to the date set forth as aforesaid, there shall be filed with the clerk of such board a petition in writing signed by twenty per cent (20%) of the qualified electors of such county, requesting an election on the question of the issuance of such bonds, then such bonds shall not be issued unless authorized by a majority of the qualified electors of such county who vote thereon at an election to be ordered by such board for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as provided by law with respect to the submission of other county bond issues in such county. If the proposition so submitted shall fail to receive approval at such election, then no further proceedings for the issuance of such bonds shall be had or taken within a period of six months from and after the date of such election. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by a majority of the qualified electors voting thereon, then such board of supervisors shall be authorized to proceed with the issuance of such bonds without further election.
Codes, 1942, § 7605-15; Laws, 1956, ch. 199, § 15; Laws, 1958, ch. 226, § 9; Laws, 1960, ch. 211, § 2.