MCA Chapter 9

in effect

Miss. Code Ann. § 55-9-1 General grant of authority; issuance of bonds generally.

The board of supervisors of any county in which there are located, or in which there is a desire to locate, recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, or the board of supervisors of any county adjoining a county in which there are located, or in which there is a desire to locate, such recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, or the governing authority of any municipality having a population of thirty-five hundred (3500) or more located in any of said counties, are hereby empowered, in addition to all other powers given them by law, to (a) issue bonds for the purpose of securing money to build and equip recreational centers, stadiums, lakes, waterfowl or game management areas or parks or any one or more of the aforesaid, operating alone or as a unit, or in conjunction with the Mississippi Department of Wildlife, Fisheries and Parks or other agency of the State of Mississippi, and to (b) acquire by lease, purchase, eminent domain, donation, or otherwise, sites therefor. The county and the municipalities, or either of them, either with or without assistance from some agency of the State of Mississippi or the United States government, may enter jointly or separately into the construction of such recreational centers, stadiums, lakes, waterfowl or game management areas or parks, and into the acquisition of sites therefor, from the sale of bonds issued separately by the counties and the municipalities for such purposes. Such recreational centers, stadiums, lakes, waterfowl or game management areas or parks, or sites therefor, may be located on land owned by the county or counties, municipality or municipalities, or by the State of Mississippi, or on lands leased to the county or counties, municipality or municipalities, or by the State of Mississippi, or on lands leased to the county or counties or municipality or municipalities jointly, or to either of them, or may be located on lands owned by the United States Forestry Service. Any bonds issued hereunder by a county shall be subject to and compliance had with Sections 19-9-1 through 19-9-31, Mississippi Code of 1972, and any bonds issued hereunder by a municipality shall be subject to and in compliance with Sections 21-33-301 through 21-33-329, Mississippi Code of 1972. Bonds issued under the provisions of this section may be full faith and credit bonds, and may be retired in whole or in part by the proceeds or a part of same earned by such recreational facilities or parks. The governing authority of any such county or municipality without the issuance of bonds, or in addition to the issuance of bonds, may use any available surplus funds for constructing, equipping, maintaining and operating such recreational centers, stadiums, lakes, waterfowl or game management areas or parks.

Miss. Code Ann. § 55-9-3 Applicability of debt limitations to bond issues.

The bonds authorized to be issued by a county or municipality pursuant to Section 55-9-1 shall not be in excess of the respective debt limits as now or hereafter provided by the laws of the State of Mississippi.

Miss. Code Ann. § 55-9-5 Applicability of other laws to bond issues.

The laws applicable to the issuance of bonds by a county or by a municipality shall apply to the respective issuance of bonds pursuant to Section 55-9-1, except that an election therefor may be called without the filing of petitions therefor by the qualified electors of either the county or municipality, and that such bonds may be issued, provided a majority of the qualified electors voting in the elections called for that purpose shall vote for the issuance of such bonds.

Miss. Code Ann. § 55-9-21 Declaration of purpose.

The purpose of Sections 55-9-21 through 55-9-37 is to further the interest of the general education, health and welfare of the people of the State of Mississippi now and in the future.

Miss. Code Ann. § 55-9-23 General grant of authority.

Any Class 4 county, according to the 1967 tabulation of classification of counties by the State Tax Commission, which has two judicial districts, and any Class 1 county bordering on the Mississippi River on the west and the State of Tennessee on the north, and traversed by Interstate 55, any county adjoining such counties, and any municipality located in any of such counties, may purchase, lease or acquire by gift, land and waters within this state, and develop and maintain thereon parks, athletic, cultural, educational and recreational complexes.

Miss. Code Ann. § 55-9-25 Definitions.

Any park or athletic, cultural, educational or recreational complex formed under the provisions of Sections 55-9-21 through 55-9-37, shall be termed a “project.” The political subdivision forming such project, whether municipality or county, shall be termed “political subdivision.” The political subdivisions which form, constitute or contribute to said project shall be termed “recreational district.”

Miss. Code Ann. § 55-9-27 Procedure for formation of recreational district.

Any such political subdivision desiring to either form alone or in conjunction with others any recreational district, or to become a part thereof, may do so by its governing board adopting a resolution declaring its intention to either form or become a part of such recreational district. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper having general circulation in the political subdivision. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for hearing objections thereto, and the last publication shall be made not more than seven (7) days prior to such date. If twenty percent (20%) or fifteen hundred (1500), whichever is least, of the qualified electors of the political subdivision shall file a written protest against such political subdivision forming or becoming a part of such recreational district on or before the date specified in such resolution, then an election on the question shall be called and held as provided by law on bond issue questions. If no such protest be filed, then such political subdivision may either form or become a part of such recreational district.

Miss. Code Ann. § 55-9-29 General powers of recreational district.

Any recreational district under the provisions of Sections 55-9-21 through 55-9-37 may authorize any project constituted thereunder to acquire, enlarge, expand, own, operate, lease and dispose of properties to the end that such project may be able to promote the public interest and welfare in the participation in arts, education, culture, sports, athletics and recreational activity, and to acquire, develop, provide and improve public parks and lakes in this state, including all buildings, facilities and improvements incident thereto or useful in connection therewith, including but without limitation, picnic areas, campsites, trailer sites, cabins, lodges, roads and trails for hiking, bicycling, or horseback riding, nature trails, botanical gardens, zoos, museums, athletic fields, golf courses, tennis and badminton courts, bowling alleys, skeet, trap rifle and archery ranges, swimming pools, bathhouses, beaches, docks and marinas, boating facilities, areas and facilities for fishing and hunting, areas and facilities for aquatic entertainment and sports, stadiums, coliseums, arenas, grandstands, auditoriums, meeting halls, pavilions, and centers for cultural entertainment, music, drama, exhibitions, and exhibits, amphitheaters, administrative or office buildings and facilities, and improvements thereon, and facilities and improvements for the accommodation and transportation of visitors to such public parks. However, no recreational district shall be authorized to operate as a commercial enterprise any shop, store, motel or restaurant. Such recreational district shall be furthermore authorized to provide within any project health centers, hospitals, and to do and perform such acts, and engage in such activities as will promote the general education, health and welfare of the people of the State of Mississippi.

Miss. Code Ann. § 55-9-31 Appointment, bond, terms of office and compensation of members of project board of commissioners; board authority.

The project shall be in charge of a board of commissioners, not less than five (5) in number, nor more than fifteen (15), all of whom shall be adult resident citizens of the State of Mississippi, and each of whose terms shall be for a period of four (4) years, and who shall be appointed by the political subdivision or subdivisions constituting the recreational district. The board shall be in charge of all business and official affairs of such project, and shall be answerable only to the governing authorities of the political subdivision or subdivisions forming the recreational district. No member of any board of commissioners of any project shall be either interested directly or indirectly in any commercial enterprise operating thereon. Such board shall have the authority to do and perform the following, but shall not be limited thereto: lease facilities or tracts of realty in said district for commercial enterprises, or other educational, athletic, cultural or recreational pursuits, to acquire by lease, purchase or gift additional realty for the project, to employ personnel in the operation and management of said project, and, in general, to have charge and control of all of the affairs and activities within said project. No land within said project may be leased for a period of longer than sixty (60) years. Each member of the board shall be required by the political subdivision or subdivisions forming such recreational district to give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty not less than Fifty Thousand Dollars ($50,000.00). No member of the board shall receive any salary for acting as a member thereof, but the recreational district may authorize reasonable payment for attendance at meetings of the board of commissioners, and reasonable expenses in carrying out the duties of such board, including travel and lodging.

Miss. Code Ann. § 55-9-33 Exercise of police power within project.

The project shall be subject to the police power of the political subdivision or subdivisions forming the recreational district.

Miss. Code Ann. § 55-9-35 Issuance of bonds for projects.

The political subdivision or subdivisions constituting the recreational district shall be authorized to issue and sell revenue or full faith and credit bonds for any project formed under the provisions of Sections 55-9-21 through 55-9-37 in the same manner as they are now authorized by law to issue and sell such bonds for any other public purpose.

Miss. Code Ann. § 55-9-37 Funds for projects.

The political subdivision or subdivisions constituting the recreational district shall be authorized to set aside, appropriate and expend moneys from the general fund for the acquisition, development, support or maintenance of any project formed under the provisions of Sections 55-9-21 through 55-9-37.

Miss. Code Ann. § 55-9-51 General grant of authority.

The board of supervisors of any county having a population of more than one hundred thousand (100,000) inhabitants, according to the latest federal census, is authorized and empowered, in its discretion, to employ recreational supervisors for public parks and/or playgrounds located in said county, to pay to each recreational supervisor a salary of three hundred dollars ($300.00) per month, and to expend a sum not exceeding ten thousand dollars ($10,000.00) annually for the purchase and installation of recreational equipment in such public parks and/or playgrounds. However, no sum in excess of two thousand, five hundred dollars ($2,500.00) shall be expended for the purchase and installation of recreational equipment in any one (1) supervisors district in any one (1) year. The board of supervisors of any county having as many as seven (7) municipalities located therein, in whole or in part, and in which there is located a Natchez Trace Parkway Housing Authority and a government fish hatchery, may, in its discretion, employ recreational supervisors for public parks and/or playgrounds located in said county, expend a total sum not exceeding three thousand, six hundred dollars ($3,600.00) annually for their salaries and expenses, and expend a sum not exceeding one thousand dollars ($1,000.00) annually for the purchase and installation of recreational equipment in such parks and/or playgrounds.

Miss. Code Ann. § 55-9-53 County recreational commission.

The board of supervisors of any county specified in Section 55-9-51(1) may, in its discretion, create, by resolution spread at large upon its minutes, a commission to be known as the county recreational commission with authority to study the recreational needs of the youth of the county and to recommend to said board the most appropriate expenditure of funds authorized to be expended in said section. Any such commission shall be composed of fifteen (15) members, three (3) members to be appointed from each supervisor’s district within the county, who shall be residents of the county and appointed by the board for a term of four (4) years; provided, that one (1) member from each district shall be appointed for an initial term of two (2) years, one (1) member from each district shall be appointed for an initial term of three (3) years, and one (1) member from each district shall be appointed for an initial term of four (4) years. All appointments thereafter shall be for a term of four (4) years. All members of the commission shall serve without pay.

Miss. Code Ann. § 55-9-55 Cooperation with municipalities.

The boards of supervisors specified in Section 55-9-51 are authorized to work in conjunction with the various municipalities in carrying out the provisions of Sections 55-9-51 through 55-9-57.

Miss. Code Ann. § 55-9-57 Payment of expenditures.

All monies authorized to be expended under the provisions of Sections 55-9-51 through 55-9-57 shall be paid from the general fund of such counties affected thereby.

Miss. Code Ann. § 55-9-81 Creation of commission; composition; members.

The board of supervisors of any county may create a county park commission and appoint five (5) members thereto who shall be designated as park commissioners. Each member of the commission shall be a qualified elector of the county, and there shall be one (1) member from each supervisors district. The terms of the members shall be concurrent with the supervisors, and they shall receive such compensation as may be provided by the board. The commission shall elect one (1) of its members as chairman of such commission and another of them as treasurer, and the treasurer shall give bond in such amount as the board of supervisors shall require payable to the county. The board of supervisors of such county shall have the power to remove any member of such commission for inefficiency or incompetency, or for any other just cause.

Miss. Code Ann. § 55-9-83 Operating funds; general powers of commission.

The board of supervisors of such county may allocate and pay to such park commission annually such funds as may in their discretion be necessary properly to operate and maintain parks and outdoor recreation facilities. All funds in the hands of the park commission shall be placed in the county depository and shall be considered county funds. The park commission shall devote all moneys allocated for such purpose by the county governing authorities, by gift, by revenue, or from any other source, for the payment of all maintenance and operating expenses, the purchase of parks and equipment, the erection and construction of buildings, the repair and replacement thereof, and for the extension of recreational facilities for the wholesome and healthful recreation of all citizens of the county. The county park commission shall have full jurisdiction of all funds coming into its possession either by allocation by the board of supervisors or by gift or by revenue derived from the operation of said parks, and shall have authority to make all contracts in relation to the same. The county park commission shall have authority to make bylaws for the holding and conducting of its meetings and such other regulations as it may deem necessary for the safe, economic and efficient management of such parks and providing for wholesome and healthful recreation to all the citizens of such county.

Miss. Code Ann. § 55-9-85 Employees of commission; operation of facilities; fees.

The county park commission shall have authority to employ a park superintendent or manager who shall have actual charge of such parks and the enforcement and execution of all rules, regulations, and the direction of all programs and festivities, and the operation of all devices for recreation installed therein. The commissioners are authorized to elect such other officers and appoint such employees as may be necessary to maintain the said parks, and shall have entire control and management of said parks, playgrounds and swimming pools together with all property connected or in anywise appertaining to the same. Further, they shall have the right to fix the salaries of all employees and to direct them in the discharge of their duties; they shall have the right to discharge employees when found inefficient or for other good cause. The county park commission shall have the power to make and collect fees for use of the park and for the use of any other amusement device that may be installed as well as the leasing of concessions or privileges for the sale of soft drinks, confections, popcorn, peanuts or other such articles; or such commission may operate such business.

Miss. Code Ann. § 55-9-87 Cooperation of commission with other authorities.

The county park commission may cooperate and join with the governing authority of any municipality or any park commission or authority created and authorized by the governing authority of any municipality in establishing, maintaining and operating any public park or recreation facility or facilities, and may cooperate and join with the board of supervisors of any other county or a county park commission created by authority of such board of supervisors of another county in establishing, maintaining and operating any public park or recreation facility or facilities.

Miss. Code Ann. § 55-9-89 Insurance; purchases and contracts; reports.

The county park commission is authorized to insure all property against loss by fire and tornado, and to carry property damage and other miscellaneous casualty insurance, as in the discretion of said commission may be deemed proper, and pay premiums therefor out of the funds appropriated by the board of supervisors or revenues derived in the operation of such parks. The conduct of business and all purchases and contracts made and entered into by a park commission created under Sections 55-9-81 through 55-9-93 shall be governed by the provisions of Title 19, Chapter 13, Mississippi Code of 1972. They shall purchase all supplies for said parks, in the manner now provided by law for the purchase of such supplies by the board of supervisors, and shall issue vouchers in payment therefor. They shall report quarterly to the board of supervisors of the county all their doings and transactions of any kind whatsoever, and shall make a complete statement of the financial condition of such park commission at the end of each quarter, and shall annually make a detailed statement covering the entire management and operation of said parks, and may make any recommendations which they may have for further development of such parks.

Miss. Code Ann. § 55-9-91 Construction.

Sections 55-9-81 through 55-9-93 shall be liberally construed to promote the efficient maintenance and operation of county parks and recreation facilities to the end that it may result in the improvement of the outdoor recreation facilities and parks of the county.

Miss. Code Ann. § 55-9-93 Appropriation and expenditure of funds.

The board of supervisors is hereby authorized and empowered to set aside, appropriate and expend moneys from the general fund for the purpose of constructing, supporting and maintaining parks, playgrounds and recreational facilities in such county, and the funds so appropriated shall be used for no purpose except as provided in Sections 55-9-81 through 55-9-93.