MCA Chapter 3

in effect

Miss. Code Ann. § 61-3-1 Short title.

This chapter may be cited as the “Airport Authorities Law.”

Miss. Code Ann. § 61-3-3 Definitions.

The following words or terms, whenever used or referred to in this chapter, shall have the following respective meanings unless different meanings clearly appear from the context: “Airport” means any area of land or water which is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, or for other appropriate purposes, including buffer areas and areas for airport compatible development, together with all buildings and facilities located thereon. “Airport-related contracts, leases and other arrangements” means any leases, contracts or other arrangements entered into by an authority in accordance with Section 61-3-21 other than any: Unrelated contracts, leases and other arrangements, as defined in this section; and Leases, contracts or other arrangements related primarily to buffer areas or other such areas for airport compatible development and any buildings or facilities located thereon. “Airport authority” or “authority” means any airport authority created pursuant to the provisions of this chapter. “Airport hazard” means any structure, object or natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft. “Air navigation facility” means any facility other than one owned and operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. “Bonds” means any bonds, notes, interim certificates, debentures or similar obligations issued by an authority pursuant to this chapter. “Governing body” means the official or officials authorized by law to exercise ordinance or other lawmaking powers of a municipality. “Local government” means any local governmental unit as defined in Section 17-13-5. “Municipal airport authority” or “municipal authority” means a municipal airport authority created pursuant to the provisions of Section 61-3-5 or 61-3-6. “Municipality” means any county, supervisors district or supervisors districts, or all that portion of the county lying outside the territorial boundaries of any named city, town or village, and a city, town and village of this state or any state-supported institution of higher learning or any public community or junior college. “Person” means any individual, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof. “Regional airport authority” or “regional authority” means a regional airport authority created pursuant to the provisions of Section 61-3-7. “Unrelated contracts, leases and other arrangements” means any lease, contract or other arrangement entered into by the authority in accordance with Section 61-3-21 pursuant to which the current, primary use of the structures, improvements or other facilities erected, installed, constructed or located in connection therewith are substantially unrelated to the support of the following airport-related activities: The taking off and landing of commercial and private aircraft at the airport or air navigation facility; The maintenance or repair of commercial or private aircraft taking off and landing at the airport or air navigation facility; The storage, via hanger or otherwise, of commercial or private aircraft taking off and landing at the airport or air navigation facility; The shipping or transporting of freight by aircraft at the airport or air navigation facility; The provision of ground and air transportation services to commercial or private aircraft passengers; The supplying of goods, commodities, things, services or facilities primarily: 1. To commercial and private aircraft taking off and landing at the airport or air navigation facility; or 2. Within the airport terminal building to commercial or private aircraft passengers in the process of traveling on such aircraft. Any fixed base operator activities providing aviation services at the airport or air navigation facility.

Miss. Code Ann. § 61-3-5 Creation of municipal airport authority; applicability.

Any municipality or a state-supported institution of higher learning or a public community or junior college, by resolution, may create a public body, corporate and politic, to be known as a municipal airport authority, which shall be authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof. Upon the adoption of a resolution creating a municipal airport authority, the governing body of the municipality or of the state-supported institution of higher learning or other public community or junior college, pursuant to the resolution, shall appoint five (5) persons as commissioners of the authority. The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, each commissioner shall be appointed for a term of five (5) years, except that vacancies occurring otherwise than by the expiration of term shall be filled for the unexpired term in the same manner as the original appointments. This section shall not apply to the airport authority created in Section 61-3-6.

Miss. Code Ann. § 61-3-6 Creation of Jackson Metropolitan Area Airport Authority.

The Jackson Metropolitan Area Airport Authority is created and established and full power is vested in the authority to manage, control and enforce all necessary and beneficial matters pertaining to the operation of Jackson-Medgar Wiley Evers International Airport and Hawkins Field Airport. The authority shall have the same powers and duties as a municipal airport authority under this chapter and any other laws pertaining to municipal airport authorities except in respect to the sale or disposal of real property prohibited under subsection (5)(a) of this section. The Jackson Metropolitan Area Airport Authority shall consist of the following nine (9) commissioners: The Adjutant General of the Mississippi National Guard, or his designee; The Executive Director of the Mississippi Development Authority, or his designee; One (1) commissioner appointed by the Mayor of the City of Jackson appointed for an initial term of one (1) year; One (1) commissioner appointed by the City Council of the City of Jackson appointed for an initial term of two (2) years; One (1) commissioner appointed by the Board of Supervisors of Madison County appointed for an initial term of three (3) years; One (1) commissioner appointed by the Board of Supervisors of Rankin County appointed for an initial term of four (4) years; Two (2) commissioners appointed by the Governor from the City of Jackson appointed for terms of (5) years one of whom shall be the holder of a valid pilot’s license or certification issued by the Federal Aviation Administration; and One (1) commissioner appointed by the Lieutenant Governor from the City of Jackson appointed for a term of five (5) years. Unless otherwise provided in subsection (2) of this section, commissioners appointed under paragraphs (c) through (h) of subsection (2) of this section shall be persons with at least ten (10) years’ experience as a certified public accountant or charter financial analyst, business owners with at least ten (10) years’ experience in executive management, persons with at least ten (10) years’ experience in the aviation industry, persons with at least ten (10) years’ experience in economic development, attorneys with at least ten (10) years’ experience in commercial law, construction law or aviation law, persons who have been holders of a pilot’s license or certification issued by the Federal Aviation Administration for at least ten (10) years, persons with at least ten (10) years’ experience in dealing with public financing transactions, or persons holding certificates of registration as a professional engineer with at least ten (10) years’ experience in the practice of engineering. After the initial terms, commissioners shall be appointed in the same manner as the original appointment for terms of five (5) years or until their successor is appointed and qualified. Vacancies occurring other than the expiration of a term shall be filled for the unexpired term in the same manner as the original appointment. Upon review and approval by the Federal Aviation Administration (FAA) of the Jackson Metropolitan Area Airport Authority as an eligible airport sponsor and the FAA’s review and approval of the issuance of an airport operating certificate under 14 CFR part 139 with respect to the Jackson-Medgar Wiley Evers International Airport, the Jackson Municipal Airport Authority is abolished, and all powers and duties, airport equipment, buildings, facilities, inventories, records, personnel, resources and all other property, real or personal, tangible or intangible, including any pertaining to or generated from revenues of the airport, are transferred to the Jackson Metropolitan Area Airport Authority. The Jackson Metropolitan Area Airport Authority may not, by sale or otherwise, dispose of any real property acquired by transfer in accordance with this paragraph (a) or subsequently acquired by the authority. Upon the transfer required by paragraph (a) of this subsection, the Jackson Metropolitan Area Airport Authority shall assume all obligations of the Jackson Municipal Airport Authority pertaining to the airport that are in effect at the time of the transfer.

Miss. Code Ann. § 61-3-7 Creation of regional airport authority; sharing a commissioner on the authority.

Two (2) or more municipalities or two (2) or more municipalities and any state-supported institution of higher learning or a public community or junior college, by resolution of each, may create a public body, corporate and politic, to be known as a regional airport authority which shall be authorized to exercise its functions upon the issuance by the Secretary of State of a certificate of incorporation. The governing body of each municipality, the institution of higher learning or the public community or junior college, pursuant to its resolution, shall appoint one (1) person as a commissioner of the authority. However, if the regional airport authority consists of an even number of participants, which include two (2) or more municipalities or two (2) or more municipalities and a state institution of higher learning or a public community or junior college, an additional commissioner shall be appointed by the Governor. Such additional commissioner shall be a resident of a county other than the counties of the participating municipalities but contiguous to at least one (1) of such counties. A regional airport authority may be increased from time to time to serve one or more additional municipalities if each additional municipality and each of the municipalities and the institution of higher learning or the public community or junior college then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting thereto. If a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority shall consent to the inclusion of the municipality, institution of higher learning or the public community or junior college in the regional authority, and if the municipal authority has any bonds outstanding, unless the holders of fifty-one percent (51%) or more in amount of the bonds consent, in writing, to the inclusion of the municipality in the regional authority, no such inclusion shall be effected. Upon the inclusion of any municipality, institution of higher learning or the public community or junior college in the regional authority, all rights, contracts, obligations and property, real and personal, of the municipal authority shall be in the name of and vest in the regional authority. A regional airport authority may be decreased if each of the municipalities and the institution of higher learning or the public community or junior college then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provision for the retention or disposition of its assets and liabilities. However, if the regional authority has any bonds outstanding, no decrease shall be effected unless seventy-five percent (75%) or more of the holders of the bonds consent thereto in writing. If a municipality so elects, it may share its commissioner position with another municipality that is not then a participant in the regional authority. In order to do so, the initiating and participating municipalities, and the joining municipality, all other municipalities participating at that time, and the commissioners of the regional authority, must adopt resolutions consenting to the sharing of the position. The initiating municipality and the joining municipality must reach an agreement to jointly determine the method for the appointment of their joint commissioner. Upon the adoption of the resolutions of authorization and the execution of the agreement between the participating and joining municipalities, the joint commissioner shall have the same powers, authority, duties and obligations otherwise vested in commissioners of the regional authority. A municipality, institution of higher learning or public community or junior college shall not adopt any resolution authorized by this section without a public hearing thereon. Notice thereof shall be given at least ten (10) days before the hearing in a newspaper published in the municipality, in the institution of higher learning or in the public community or junior college, or if there is no newspaper published therein, then in a newspaper having general circulation in the municipality, in the institution of higher learning or in the public community or junior college. At the expiration of the term of all commissioners serving as of January 1, 1978, the airport authority shall effect staggered terms by the drawing of lots and reporting thereon to appointing authorities. The commissioners shall be designated to serve for terms of one (1) year, two (2) years, three (3) years, four (4) years and so forth depending upon the number of participating appointing authorities. Thereafter, each commissioner shall be appointed for a term of five (5) years except that vacancies occurring otherwise than by expiration of terms shall be filled for the unexpired term in the same manner as the original appointment.

Miss. Code Ann. § 61-3-8 Government of regional airport authority located within two or more judicial districts.

A regional airport authority located outside of municipal boundaries and that is within two (2) or more judicial districts may, in its discretion, adopt a resolution declaring which judicial district shall govern the regional airport authority. Upon adoption of the resolution, the regional airport authority shall be governed by all laws, regulations, rules and ordinances applicable to the judicial district.

Miss. Code Ann. § 61-3-9 Certificate of incorporation of regional airport authority.

Upon the appointment and qualification of the commissioners first appointed to a regional airport authority, they shall submit to the secretary of state a certified copy of each resolution adopted pursuant to subsection (1) of Section 61-3-7 by the municipalities included in the regional authority. Upon receipt thereof, the secretary of state shall issue a certificate of incorporation to the regional airport authority. When a regional airport authority is increased or decreased pursuant to subsections (2) and (3) of Section 61-3-7, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant thereto and, upon receipt thereof, the secretary of state shall issue an amended certificate of incorporation in accordance therewith.

Miss. Code Ann. § 61-3-11 Proof of existence and authority of airport authority.

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a municipal airport authority, created pursuant to Section 61-3-5, the municipal 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 municipality of the resolution creating the municipal airport authority and of the appointment and qualification of the first commissioners thereof. Duly certified copies of the resolution creating the authority and of the certificates of appointment of the commissioners shall be admissible in evidence in any suit, action, or proceeding. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional airport authority, such regional airport 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 airport authority. A copy of such certificate of incorporation, duly certified by the secretary of state, shall be admissible in evidence in any suit, action, or proceeding.

Miss. Code Ann. § 61-3-13 Compensation of commissioners; meetings of authority; voting; officers.

Each commissioner of a regional or municipal airport authority may receive from that airport authority per diem compensation in the amount provided by Section 25-3-69 for each day or fraction of a day engaged in attendance of meetings of the authority or engaged in other official duties of the authority, not to exceed one hundred twenty (120) days in any one (1) year, and may receive from the airport authority actual 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 of that authority. 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. The commissioners of an authority shall designate an executive director, who shall be the chief executive officer of the authority and shall perform those duties as are required by law and any other duties as may be assigned by the commissioners. The commissioners may designate the executive director as the purchasing agent of the authority. If so designated, the executive director shall have the authority of the purchasing agent of a state agency under Section 31-7-13.

Miss. Code Ann. § 61-3-15 General powers of authority.

An authority shall have all the powers necessary or convenient to carry out the purposes of this chapter (excluding the power to levy and collect taxes or special assessments) including, but not limited to, the power: To sue and be sued, to have a seal and to have perpetual succession. To purchase general liability insurance coverage, including errors and omissions insurance, for its officials and employees. To employ an executive director, secretary, technical experts, and such other officers, agents and employees, permanent and temporary, as it may require, and to determine their qualifications and duties, and to establish compensation and other employment benefits as may be advisable to attract and retain proficient personnel. To execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes of this chapter. To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate and protect airports and air navigation facilities within this state and within any adjoining state, including the acquisition, lease, lease-purchase, construction, installation, equipment, maintenance and operation of such airports or buildings, equipment and other facilities or other property for the servicing of aircraft or for the comfort and accommodation of air travelers or for any other purpose deemed by the authority to be necessary to carry out its duties; to develop, operate, manage or own and maintain intermodal facilities to serve air and surface cargo and multimodal facilities to serve highway and rail passenger transportation needs to ensure interface and interaction between modes for cargo and passengers; to construct, improve, and maintain means of ingress and egress to airport properties from and over off-airport sites with approval of the city or county in which the off-airport site is located; to market, promote and advertise airport properties, goods and services; and to directly purchase and sell supplies, goods and commodities incident to the operation of its airport properties without having to make purchases thereof through the municipal governing authorities, and with the authority to utilize dual-phase design-build and construction manager at-risk methods of construction in accordance with Sections 31-7-13.1 and 31-7-13.2. For all the previously stated purposes, an authority may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, to prevent the establishment of airport hazards or to carry out its duties. To acquire, by purchase, gift, devise, lease, lease-purchase, eminent domain proceedings or otherwise, existing airports and air navigation facilities. However, an authority shall not acquire or take over any airport or air navigation facility owned or controlled by another authority, a municipality or public agency of this or any other state without the consent of such authority, municipality or public agency. To establish or acquire and maintain airports in, over and upon any public waters of this state, and any submerged lands under such public waters, and to construct and maintain terminal buildings, landing floats, causeways, roadways and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection thereof. To establish, enact and enforce ordinances, rules, regulations and standards for public safety, aviation safety, airport operations and the preservation of good order and peace of the authority; to prevent injury to, destruction of or interference with public or private property; to protect property, health and lives and to enhance the general welfare of the authority by restricting the movements of citizens or any group thereof on the property of the authority when there is imminent danger to the public safety because of freedom of movement thereof; to regulate the entrances to property and buildings of the authority and the way of ingress and egress to and from the same; to establish fire limits and to hire firemen, including aircraft fire and rescue and similar personnel, and to establish and equip a fire department to provide fire and other emergency services on any property of the authority; to regulate, restrain or prohibit construction failing to meet standards established by the authority; to appoint and discharge police officers with jurisdiction limited to property of the airport authority and authorization to enforce the ordinances, rules and regulations of the authority, as well as the laws of the State of Mississippi, and to issue citations for infractions of all of such ordinances, rules, regulations, standards and laws of the State of Mississippi returnable to the court of appropriate jurisdiction. To develop and operate an industrial park or parks and exercise all authority provided for under Chapter 7, Title 57, Mississippi Code of 1972. To attach, pursuant to the power and procedure set forth in Chapter 33, Title 11, Mississippi Code of 1972, the equipment of debtors of the authority. To enter into agreements with local governments pursuant to Section 17-13-1 et seq. To render emergency assistance to other airports within the United States at an aggregate cost of less than Twenty Thousand Dollars ($20,000.00) per emergency. The assistance authorized in this paragraph must be rendered within ninety (90) days after a state of emergency has been declared by the federal government, or by the local or state government that has jurisdiction over the area where the airport needing assistance is located. (m ) To enter into joint use or similar agreements with any department or agency of the United States of America or the State of Mississippi, including any military department of the United States of America or the State of Mississippi, with respect to the use and operation of, or services provided at, any airport or other property of the authority on the terms and conditions as the authority may deem appropriate, including provisions limiting the liability of the United States of America or the State of Mississippi for loss or damage to the authority if the authority determines that the limitation of liability is reasonable, necessary and appropriate under the circumstances. To enter into mutual aid agreements with counties and municipalities for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; to participate in the Statewide Mutual Aid Compact (SMAC) in accordance with Section 33-15-19.

Miss. Code Ann. § 61-3-17 Exercise of power of 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 unnecessary 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 upon a specific finding by the authority of the public necessity for the immediate acquisition of the property pursuant to Sections 11-27-81 et seq., and compliance with all the provisions of Sections 11-27-81 et seq., including the provisions for making a deposit. 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.

Miss. Code Ann. § 61-3-19 Disposal of airport property.

Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by Section 61-3-25, an authority may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, real or personal, or portion thereof or interest therein, acquired pursuant to this chapter. If Section 29-1-1 is applicable to a sale of real property, the sale shall comply with Section 29-1-1. If Section 29-1-1 is not applicable, the disposal by sale, lease or otherwise, shall be in accordance with the following procedure. The authority shall find and determine by resolution duly and lawfully adopted and spread upon its minutes that: The property is no longer needed for authority purposes and is not to be used in the authority’s operation; There is no state agency, board, commission or any governing authority within the state that has expressed a need or use for the property and the federal government has not expressed a need or use for the property; and The use of the property for the purpose for which it is to be sold, leased or otherwise disposed of will promote and foster the development and improvement of the authority or of the community in which it is located and the civic, social, educational, cultural, moral, economic or industrial welfare thereof. After making the determinations, the authority may sell, lease or otherwise dispose of the property in accordance with applicable law and by any of the following methods: The authority may sell, lease or otherwise dispose of the property if the consideration is not less than the fair market price for the property as determined by averaging the appraisals of two (2) professional property appraisers selected by the authority and approved by the purchaser or lessee. Appraisal fees shall be shared equally by the authority and the purchaser or lessee. The authority may sell, lease or otherwise dispose of the property to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the authority’s intention to lease, sell or otherwise dispose of the property and to accept sealed competitive bids for the sale, lease or disposal of the property. The authority shall thereafter accept bids for the sale, lease or disposal of the property and shall award the sale, lease or disposal to the highest bidder. The authority may sell and dispose of personal property at public sale for cash to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the authority’s intention to sell and dispose of the personal property at public sale for cash. Any public sale for cash may be conducted by or on behalf of the authority. At the public sale for cash, the personal property shall be sold and disposed of to the highest bidder. The authority may sell and dispose of personal property by use of an Internet web service available to the public, including, but not limited to, an Internet auction website, for cash or irrevocable electronic transfer of funds, to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the following information: The authority’s intention to sell and dispose of the personal property through use of the Internet web service; The location on the Internet website where the personal property will be listed; and The listing date and closing date of the Internet sale. At the Internet sale, the personal property shall be sold and disposed of to the highest bidder; provided, all Internet sales shall comply with federal law. In the event that any Internet sale is not concluded for any reason, the authority may relist and sell the personal property by use of the same Internet web service without the public notice set forth in this paragraph. Notwithstanding anything herein to the contrary, in the case of a sale, lease or disposal of property to another authority, a municipality or an agency of the state or federal government for use and operation as a public airport, the sale, lease or other disposal thereof may be effected in such manner and upon such terms as the commissioners of the authority may deem to be in the best interest of civil aviation. The authority may lease lands owned by the authority for oil, gas and mineral exploration and development upon the terms and conditions and for consideration as the authority shall deem proper and advisable.However, no oil, gas or mineral lease shall be for a primary term of more than ten (10) years and the lease or leases shall provide for annual rentals of not less than One Dollar ($1.00) per acre and shall provide for royalties of not less than three-sixteenths (3/16) of all oil, gas and other minerals produced, including sulphur. All rentals, royalties or other revenue payable under any lease executed under this section shall be paid to and collected by the authority.The leases shall specifically provide that, in no event, shall any such lease or the exercise of any rights thereunder, interfere with the use of any airport or air navigational facilities for their intended purposes.

Miss. Code Ann. § 61-3-21 Operation and use privileges; exemption from taxation.

In connection with the operation of an airport or air navigation facility owned or controlled by an authority, the authority may enter into contracts, leases and other arrangements for terms not to exceed fifty (50) years with any persons: Granting the privilege of using or improving the airport or air navigation facility or any portion or facility thereof or space therein for commercial purposes; Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility; and Making available services to be furnished by the authority or its agents at the airport or air navigation facility. 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. In no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility or portion or facility thereof. Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by Section 61-3-25, Mississippi Code of 1972, an authority may, by contract, lease or other arrangements, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years, the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority. However, no person shall be granted any authority to operate an airport other than as a public airport or to enter into any contracts, leases or other arrangements in connection with the operation of the airport which the authority might not have undertaken under subsection (1) of this section. All airport-related contracts, leases and other arrangements entered into pursuant to this section are deemed to serve a public and governmental purpose as a matter of public necessity; therefore, all airport-related contracts, leases, and other arrangements and all structures, improvements and other facilities erected, installed, constructed or located in connection therewith on an airport or air navigation facility owned or controlled by an authority, or any portion of facility thereof or space therein, shall be free and exempt from all state, county and municipal ad valorem taxes on real property and personal property for so long as may otherwise be lawful, and the charges, rentals and fees received by an authority in connection with airport-related contracts, leases and other arrangements shall be deemed to be in lieu of said taxes.

Miss. Code Ann. § 61-3-23 Promulgation, repeal, etc., of resolutions, rules, regulations, orders and standards.

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 airport or air navigation facility 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.

Miss. Code Ann. § 61-3-24 Lien on aircraft that land at airport for full amount of landing fees or other charges; enforcement of lien.

An authority, at which a commercial airline lands an aircraft operating under its Federal Aviation Administration certificate, shall have a lien upon all aircraft that land at the authority’s airport by the airline for the full amount of any landing fees, or other rates and charges previously promulgated by the authority in its rules and regulations, incurred by the airline at the airport by any aircraft operating under the airline’s Federal Aviation Administration certificate. An authority may enforce any lien created herein against a nonresident debtor airline pursuant to the following procedure: a court of appropriate jurisdiction may issue a writ of sequestration, ex parte, against any aircraft operating under the Federal Aviation Administration certificate of the nonresident debtor airline and located at the airport operated by the authority. However, before issuing a writ of sequestration, the court shall find there is prima facie evidence that the nonresident debtor airline is past due on the landing fees or other rates and charges, that the authority has submitted prima facie evidence of exigent circumstances for the issuance of the writ, and that the authority has submitted a corporate surety bond in the amount of one hundred twenty-five percent (125%) of the past-due amount claimed. Upon issuing the writ of sequestration, the court shall grant the nonresident debtor airline an opportunity for an immediate evidentiary hearing to rebut the authority’s claim and revoke the writ. The court shall allow the nonresident debtor airline to substitute in place of the sequestered aircraft a corporate surety bond with the court in the amount of one hundred twenty-five percent (125%) of the past-due amount claimed by the authority for the purpose of securing payment.

Miss. Code Ann. § 61-3-25 Acceptance of federal and state aid; designation of agent.

An authority is authorized to accept, receive, receipt for, disburse, and expend federal and state monies and other monies, 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 federal monies accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law. All state monies accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the state. An authority is authorized to designate the Mississippi Transportation Commission as its agent to accept, receive, receipt for, and disburse federal and state monies, and other monies, 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, and an authority is authorized to designate such commission as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment or operation of any airport or other air navigation facility. An authority may enter into an agreement with the commission prescribing the terms and conditions of the agency in accordance with such terms and conditions as are prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal monies accepted under this section by the commission shall be accepted and transferred or expended by such commission upon such terms and conditions as are prescribed by the United States. All monies received by the commission pursuant to this paragraph shall be deposited in the State Treasury, and unless otherwise prescribed by the agency from which such monies were received, shall be kept in separate funds designated according to the purposes for which the monies were made available, and held by the state in trust for such purpose.

Miss. Code Ann. § 61-3-27 Issuance of bonds; attorneys’ services.

An authority shall have the power to borrow money for any of its corporate purposes and issue its bonds therefor, including refunding bonds, which bonds may be payable out of any revenues of the authority, including grants or contributions from the federal government or other sources. Any bonds of an authority issued pursuant to this chapter which are payable, as to principal and interest, solely from revenues of an airport or air navigation facility (and they shall so state on their face) shall not constitute a debt of any municipality, the state, or any political subdivision thereof other than the authority, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the commissioners of an authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof, provided the issuance is in compliance with this chapter. An authority proposing to issue bonds or notes as defined in this chapter of any kind, nature, or description shall have, prior to authorization, issuance, and subsequent validation thereof, secured the legal services of a competent practicing attorney or firm of attorneys. In no instance shall the attorney’s fees paid for the issuance or refunding of such bonds exceed the following amounts, to wit: On all such bond issues the attorney’s fees shall not exceed one percent (1%) of the first five hundred thousand dollars ($500,000.00); one-half percent (1/2%) of all over five hundred thousand dollars ($500,000.00) and not more than one million dollars ($1,000,000.00); and one-fourth percent (1/4%) of all amounts in excess of one million dollars ($1,000,000.00).

Miss. Code Ann. § 61-3-29 Issuance of bonds; authorization resolution.

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, 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 airport; insurance and insurance proceeds; accounts and audits; the sale of airport properties; remedies of bondholders; the vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; the terms and conditions upon which bondholders may exercise their rights and remedies; the replacement of lost, destroyed or mutilated bonds; the definition, consequences and remedies of an event of default; the amendment of such resolution; and the appointment of a receiver in the event of a default. Upon final enactment, each resolution authorizing bonds shall be published in full.

Miss. Code Ann. § 61-3-31 Grounds for contesting validation of bonds.

After the publication of such authorizing resolution or amendatory resolution, if any, the validation of the bonds authorized thereby may be contested only if: Such bonds were authorized for an objective or purpose for which the political subdivision is not authorized to expend money, or The provisions of law which should have been complied with, on or before the date of such publication, were not complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after such publication of the resolution authorizing the bonds, or, as to changes made by an amendatory resolution, within twenty days after such publication of such amendatory resolution, or Such bonds were authorized in violation of the provisions of the constitution or laws of Mississippi.

Miss. Code Ann. § 61-3-33 Conclusiveness of authority’s classification of project and period of usefulness.

The determination of the authority, in the resolution authorizing bonds, as to the classification of the project for which such bonds are authorized and as to the maximum period of usefulness, shall be conclusive in any action or proceeding involving the validity of such bonds.

Miss. Code Ann. § 61-3-35 Notice of sale of bonds.

Bonds issued under this chapter may be sold on sealed bids at public sale after publication of at least three (3) weekly notices, published in a financial publication carrying political subdivision bond notices and devoted primarily to financial news or to the subject of state and political subdivision bonds and having circulation among a large number of dealers in political subdivision bonds. The public notice of sale shall describe the bonds or notes and set forth the terms and conditions of sale. It shall invite bidders to name the rate or rates of interest to be borne by the bonds or notes, which rate or rates shall be stated in conformity to the details of the issues as outlined in this chapter, all of which shall be included in the notice of sale. The notice of sale may permit bidders to name one or more interest rates for the bonds or notes proposed to be sold, within such limitations as outlined in Section 61-3-41. The notice of sale shall state that all bonds or notes will be awarded to the bidder whose bid constitutes the lowest cost to the authority. The lowest cost to the authority shall be determined in accordance with the provisions of Section 61-3-41. The notice of sale, in case of a sale of more than one (1) issue of bonds payable from the same source, after describing the separate issues, shall state the combined maturities as if such combined maturities constituted a single issue. The notice of sale shall state that the bonds or notes will be awarded to the bidder whose bid constitutes the lowest cost as determined by Section 61-3-41, and, as between bidders whose bids constitute the same lowest cost to the authority, such lowest bidders may negotiate between themselves, immediately after the announcement of said bids as to the conditions upon which the bid shall be awarded. If no agreement is reached, the award shall be determined by lot fairly and publicly drawn. The notice of sale shall require all bidders except governmental agencies or departments to deposit a certified or cashier’s check for two percent (2%) of the amount of bonds or notes proposed to be sold, partially to secure the authority from any loss resulting from the failure of the bidder to comply with the terms of his bid. In case the bidder to whom the award is made shall fail to comply with the award, his certified or cashier’s check in the amount of two percent (2%) shall be forfeited to the authority. The certified or cashier’s checks of unsuccessful bidders shall be returned promptly. Each notice of sale shall require the purchaser to pay interest accrued on the face amount of the bonds or notes awarded, at the rate borne thereby, from the date of the bonds or notes to the date of payment of the purchase price. Each notice of sale shall reserve the right to reject any and all bids and shall state that any bid not complying with the terms of the notice shall be rejected. Notwithstanding any provision to the contrary in this chapter, bonds or notes issued pursuant to this chapter may be sold at a private sale in a manner and at a price determined by the authority to be the most advantageous to the authority. Bonds or notes issued pursuant to this chapter may be for not less than ninety-eight percent (98%) of par value. Any notice of sale shall state whether or not the bonds or notes will be sold for less than their par value.

Miss. Code Ann. § 61-3-37 Opening and award of bids; payment of premium.

All proposals or bids shall be submitted to the authority in a sealed envelope and subsequently opened publicly at the time and place stated in the notice of sale, and each bid shall be publicly announced at the time of opening of bids. A determination with respect to acceptance of a bid shall be made promptly after receipt of bids and, if a bid is accepted, a prompt award of the bonds or notes shall be made in writing to the successful bidder. Bonds and notes shall be awarded to the bidder whose bid specifies the lowest maximum interest cost. Any premium must be paid in bank funds as a part of the purchase price. 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.

Miss. Code Ann. § 61-3-39 Payment of bonds.

All bonds except term bonds of a single issue shall be paid in consecutive annual or semiannual payments. The first annual or semiannual principal payment upon each authorized issue shall be paid not more than thirty-six (36) months after the date of the bonds. The last payment of each authorized issue of bonds shall mature not later than forty (40) years after its date of issue.

Miss. Code Ann. § 61-3-41 Interest on bonds; details of bonds generally.

All bonds shall bear interest at such rate or rates not to exceed that allowed in Section 75-17-103. No bond shall bear more than one (1) rate of interest. Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid or as agreed to by the authority. All bonds of the same maturity shall bear the same rate of interest. All interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year. No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than two-thirds (2/3) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate allowed on such bonds. Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%), and a zero rate of interest cannot be named. All bonds shall be lithographed, engraved or typewritten, shall be in denominations of not less than Five Thousand Dollars ($5,000.00), shall be registered by the authority, and shall be consecutively numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued and the total amount authorized to be issued. The interest to accrue on each bond shall be evidenced by proper coupons to be attached thereto, unless the bonds are fully registered no-coupon bonds.

Miss. Code Ann. § 61-3-43 Execution of bonds.

All bonds and notes shall be executed in the name of the authority by the manual or facsimile signatures of such officials, including a financial officer, as may be designated by resolution and shall be under the seal (or a facsimile thereof) of the authority. At least one signature on each such bond or note shall be a manual signature. Coupons attached to a bond may be executed by the facsimile signature of the financial officer signing the bond.

Miss. Code Ann. § 61-3-45 Form of bonds and notes; registration.

Bonds may be issued in form payable to bearer with coupons attached for the payment of interest and, if so issued, shall be subject to registration as to principal only or as to both principal and interest. Bonds may also be issued in fully registered form without coupons. Coupon and registered bonds shall be interchangeable only as provided in the resolution authorizing such bonds. Notes may be issued in registered form or notes may be issued in form payable to bearer, with interest payable to bearer on presentation for endorsement and, if so issued, shall be subject to complete registration. Interest on notes issued in registered form and interest on bearer notes which have been registered shall be payable to the registered holder.

Miss. Code Ann. § 61-3-47 Redemption of bonds and notes.

No bonds or notes shall be made payable on demand, but any bond or note may be made subject to redemption prior to maturity on such notice and at such time or times and with such redemption provisions as may be stated in the resolution authorizing the issuance of the bond or note. When any such bond or note shall have been validly called for redemption and payment of the principal thereof and of the interest thereon accrued to the date of redemption shall have been tendered or made, interest thereon shall cease. A complete schedule of redemption dates shall be included in the resolution authorizing the bond issue.

Miss. Code Ann. § 61-3-49 Securing of bond by trust agreement.

In the discretion of the authority, all bonds may be further secured by a trust agreement between the authority and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provisions for the issuance of additional bonds under the procedures established by this chapter for any of the purposes authorized by this chapter which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that, if there is any default in the payment of principal or interest on any of said bonds, any court of competent jurisdiction may appoint a receiver to administer the properties and facilities of the authority described in the trust agreement on behalf of the authority, including authority to sell or make contracts for the sale of any services, facilities or commodities of the authority or to renew such contracts, subject to the approval of the court appointing the said receiver, and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of the said bonds and interest thereon in accordance with the resolution of the authority authorizing the issuance of such bonds and the said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent, plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee. The powers herein granted may be exercised whether or not a trust agreement is entered into and, if no trust agreement is entered into, such provisions as are above authorized may be set out in the resolution authorizing the bonds.

Miss. Code Ann. § 61-3-51 Lien on revenues pledged to payment of bonds.

All revenues pledged to the payment of bonds shall be subject to a lien in favor of the holders of such bonds, and all such revenues received by the authority shall be immediately subject to such lien without any physical delivery thereof or further act by the authority. The lien shall be effective as against all parties asserting claims against the authority, whether by way of tort, contract or otherwise, whether or not such parties may have had notice of such lien. The pledge or trust agreement creating the same need not be filed or recorded except in the official minutes of the authority. The revenues may also be pledged as security for the payment of obligations due providers of credit enhancement with respect to any bonds issued. The state does hereby covenant with the holders of any such bonds that it will not, while any such bonds shall be outstanding, limit or diminish the right and power of the authority to establish, maintain and collect rates, fees, rentals and other charges pledged to the payment of such bonds, or to fulfill any covenants with respect to rates, fees, rentals and other charges made by the authority with such bondholders.

Miss. Code Ann. § 61-3-53 Refunding bonds.

Any authority, authorized by a statute other than this chapter to refund its outstanding bonds and permitted to do so by the terms of any resolutions and trust agreements pertaining to such bonds, may refund all, or any part of, one or more bond issues. However, the refunding bonds shall be issued in accordance with the provisions of this chapter. In no case shall any bonds be refunded whereby: The interest cost to the authority computed on the basis of the interest rates borne by the bonds refunded and by the refunding bonds, will be increased by reason of the refunding; or The average maturity of the bonds refunded, computed to their stated maturities will be increased by reason of the refunding; or The time at which bonds may be redeemed is more than twelve (12) months after the date of sale of the refunding bonds; However, if it can be clearly shown that the refunding is being accomplished to prevent default or to provide flexibility to the authority in the financing of its projects, and if the State Treasurer shall certify that the need to refund an outstanding issue to prevent default or to provide flexibility to the authority in the financing of its projects has been determined by sufficient evidence filed with the State Treasurer, the provisions of subsections (a), (b) and (c) shall not prevent refunding. It shall not be necessary for the bonds refunded to be surrendered and cancelled simultaneously with the delivery of the refunding bonds, but the proceeds of the sale of the refunding bonds, not used to pay for surrendered and cancelled bonds at the time of refunding, shall be deposited in a trust fund under conditions satisfactory to the authority and the State Treasurer. If the refunding bonds are being issued to prevent default, the authority may exchange them with bondholders under such rules and regulations as established by the State Treasurer.

Miss. Code Ann. § 61-3-55 Redemption of bonds and notes.

Nothing contained in this chapter shall be construed to confer on any authority any right or option to redeem any bonds or notes heretofore or hereafter issued, except as is or may be provided in the proceedings under which such bonds were or shall be issued.

Miss. Code Ann. § 61-3-57 Negotiability of bonds, notes and coupons.

All bonds and notes 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.

Miss. Code Ann. § 61-3-59 Bonds not to be delivered until validated.

No bonds shall be delivered to any purchaser by any authority unless they shall have first been validated in accordance with the provisions of Sections 31-13-1 through 31-13-11, Mississippi Code of 1972.

Miss. Code Ann. § 61-3-60 Short term borrowing by airport authorities.

In addition to the power to borrow money pursuant to Sections 61-3-27 through 61-3-61, Mississippi Code of 1972, an airport authority may, in anticipation of the receipt of income, revenues, grants or subsidies from any source, including, but not limited to, the federal government or any federal agency, the state or any state agency, any municipality or taxing authority, or the proceeds of bonds authorized by Sections 61-3-27 through 61-3-61, Mississippi Code of 1972, borrow money to be payable over a period of time not to exceed ten (10) years, in an amount or amounts not to exceed in the aggregate Ten Million Dollars ($10,000,000.00) for the purposes and under the terms and conditions set out in subsections (2), (3), (4) and (5) of this section. Any loans made under this section shall be first authorized by resolution of the airport authority setting out the need for such loan, the purposes for which the proceeds shall be used, and the source or sources from which it anticipates that the loan shall be retired. The purposes for which such loans are authorized may include any purposes for which bonds may be issued under this chapter and for the maintenance and repair of runways, taxiways, ramps or other facilities necessary for the safe, orderly and convenient handling of aircraft traffic; and for the employment of personnel and purchase of supplies and equipment and payment of expenses which, in the judgment of the authority, shall be necessary or convenient in the safe operation of the airport facilities. The resolution shall also set out the schedule of repayment and may pledge therefor any anticipated funds not previously pledged to the retirement of the loan or loans. The loans authorized by this section may be made by any bank located in the State of Mississippi or by any trust companies or other lending institutions, investment banking firms or persons in the United States having the authority to enter into such loans. The loans may bear interest at a rate not to exceed thirteen percent (13%) per annum. The loans shall be evidenced by the notes of the airport authority and shall not constitute a debt of the commissioners thereof, and the lender shall have the right of mandamus and any other appropriate writ or legal or equitable remedy for the collection of the notes and the cost of collection. In order to provide for, and in connection with, such short-term borrowings, an airport authority is authorized to enter into any note, loan, credit agreement or agreements, or other agreement or agreements necessary therefor containing provisions not inconsistent with the provisions of this section. The interest on the notes authorized by this section shall at all times be exempt from all taxation in this state.

Miss. Code Ann. § 61-3-61 Exemption from taxation of interest on bonds and notes.

The accomplishment of the purposes stated in this chapter being for the benefit of the people of this state and for the improvement of their properties and industries, the authority, in carrying out the purposes of this chapter, will be performing an essential public function, and the interest on the bonds and notes issued hereunder shall at all times be free from taxation within this state.

Miss. Code Ann. § 61-3-63 Factors to be considered by authority in determining cost of project.

In determining the amount to be expended for a project pursuant to this chapter, the authority may include the engineering, legal, fiscal, architectural, inspection, recording, printing, publishing and related cost of the acquisition, construction or reconstruction of the property or improvement to be financed, including interest during construction.

Miss. Code Ann. § 61-3-65 Exercise of incidental powers; issuance of general obligation municipal bonds for airport facilities; adoption of rules and regulations for management of airports.

In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers. The governing authority of each municipality, as defined herein, shall have the authority to issue general obligation bonds of the municipality, as defined herein, for the purposes set out in Sections 61-5-17 and 19-9-1(j). For the purposes of this chapter, the portion of the county, being a supervisors district or supervisors districts, or that portion of the county lying outside the territorial boundary of the other participating municipalities, shall constitute a special taxing district and for all purposes under this chapter, taxes may be levied upon the property therein and such territory shall be considered a municipality for the issuance of bonds for the purposes of this chapter. Bonds issued pursuant to authority contained in this section shall, if issued by a city, town or village, be issued in conformity with the uniform system for the issuance of municipal bonds, as set out in Sections 21-33-301 through 21-33-329, inclusive, and, if issued by a special taxing district, be issued by the board of supervisors of the county, and shall be issued in conformity with the uniform system for the issuance of county bonds, being Sections 19-9-1 through 19-9-31, inclusive. The regional airport authority shall have the power and authority to adopt all rules and regulations appropriate to the management of the airport and the activities conducted thereon, including the establishment of all rules and regulations with respect to automobiles and other traffic, the storage and disposition of property, including automobiles, and the disposition thereof of any unclaimed vehicles within a reasonable time. Such rules and regulations shall be posted in an accessible place at the airport terminal and shall be enforced by the courts of the county in which the airport is located.

Miss. Code Ann. § 61-3-67 Joint operations; authorization.

For the purposes of Sections 61-3-67 through 61-3-75, unless otherwise qualified, the term “public agency” includes municipality and authority, each as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of an adjoining state. The term “governing body” includes the commissioners of an authority, the governing body of a municipality, and the head of an agency of a state or the United States if the public agency is other than an authority or municipality. All powers, privileges, and authority granted by this chapter may be exercised and enjoyed by an authority jointly with any public agency of this state, and jointly with any public agency of any adjoining state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise of enjoyment. Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges, and authority conferred by this chapter upon an authority.

Miss. Code Ann. § 61-3-69 Joint operations; agreement.

Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of Section 61-3-67. Each agreement shall specify its duration, the proportionate interest which each public agency shall have in the property, facilities, and privileges involved in the joint undertaking, the proportion of costs of operation, etc., to be borne by each public agency, and such other terms as are deemed necessary or required by law. The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities, and privileges jointly owned, prior to or at such time as said property, facilities, and privileges, or any part thereof, cease to be used for the purposes provided in this chapter, or upon termination of the agreement; the distribution of the proceeds received upon any disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint undertaking which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.

Miss. Code Ann. § 61-3-71 Joint operations; joint board generally.

Public agencies acting jointly pursuant to Section 61-3-67 shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. The number to be appointed, their term and compensation, if any, shall be provided for in the joint agreement. Each joint board shall organize, select officers for such terms as are fixed by the agreement, and adopt and amend, from time to time, rules for its own procedure. The joint board shall have power, as agent of the participating public agencies, to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, lease, regulate, protect, and police any airport or other air navigation facility, airport hazard or other airport property, real or personal, to be jointly acquired, controlled, and operated and to lease any property, real or personal, inside or outside the boundaries of an airport or airport site as it may deem necessary to carry out its duties. The board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each with respect to the airport, air navigation facility, airport hazard, or other airport property, real or personal, subject to the limitations of Section 61-3-73.

Miss. Code Ann. § 61-3-73 Joint operations; limitation of powers of joint board.

The total expenditures to be made by the joint board for any purpose in any calendar year shall be as determined by a budget approved by the constituent public agencies on or before the preceding October 1st, or as otherwise specifically authorized by the constituent public agencies. No airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed therefor by the joint agreement or allotted in the annual budget, may be acquired, established, or developed by the joint board without the approval of the governing bodies of its constituent public agencies. Eminent domain proceedings may be instituted by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by said public agencies as tenants in common. The joint board shall not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without such consent, enter into contracts, leases, or other arrangements contemplated by Section 61-3-21. Any resolutions, rules, regulations, or orders of the joint board dealing with subjects authorized by Section 61-3-23 shall become effective only upon approval of the governing bodies of the constituent public agencies. Upon such approval, the resolutions, rules, regulations, or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations, or orders of each public agency would have in its own territory or jurisdiction.

Miss. Code Ann. § 61-3-75 Joint operations; joint fund.

For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out the provisions of Sections 61-3-67 through 61-3-75, a joint fund shall be created and maintained into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Any federal, state, or other grants, contributions, or loans, and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board, shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in Section 61-3-73.

Miss. Code Ann. § 61-3-77 Exemption from taxation of airport property and income.

Any property in this state acquired by an authority for airport 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.

Miss. Code Ann. § 61-3-79 Municipal cooperation with authority.

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of airports and air navigation facilities pursuant to the provisions of this chapter, any municipality for which an authority has been created or any municipality in which any of the property of the authority is located or which is contiguous to any property of the authority may, upon such terms, with or without consideration, as it may determine: Lend or donate money to the authority; 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 municipality for airport purposes, be transferred or paid directly to the airport authority as such funds become available to the municipality; Cause water, sewer, or drainage facilities, or any other facilities which it is empowered to provide, to be furnished onto or in connection with such airports or air navigation facilities; 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; Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, and walks from established streets or roads to such airports or air navigation facilities; 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, or operation of airports and air navigation facilities; and Enter into agreements with the authority respecting action to be taken by the municipality pursuant to the provisions of this section.

Miss. Code Ann. § 61-3-81 Effect of chapter upon municipal airport zoning regulation.

Nothing contained in this chapter shall be construed to limit any right, power, or authority of a municipality to regulate airport hazards by zoning.

Miss. Code Ann. § 61-3-83 Acquisition, etc., of airports, air navigation facilities, etc.; tort liability.

The acquisition of any land, or interest therein, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation and protection of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers granted in this chapter to authorities and other public agencies, to be severally or jointly exercised, are hereby declared to be public and governmental functions, exercised for a public purpose and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency in the manner and for the purposes enumerated in this chapter shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.

Miss. Code Ann. § 61-3-85 Certain persons prohibited from deriving income from issuance of bonds.

No member of the Legislature, elected official or appointed official, or any partner or associate of any member of the Legislature, elected official or appointed official, shall derive any income from the issuance of any bonds under Sections 61-3-35, 61-3-39, 61-3-41, 61-3-45, 61-3-51, or 61-3-53 contrary to the provisions of Section 109, Mississippi Constitution of 1890, or Article 3, Chapter 4, Title 25, Mississippi Code of 1972.