Miss. Code Ann. § 59-9-1 Declaration of public policy.
It is hereby declared that the public policy of the State of Mississippi is to encourage the expansion and development of Mississippi’s harbors and ports.
County Port Authority or Development Commission
Miss. Code Ann. tit. 59, ch. 9
in effectMiss. Code Ann. § 59-9-3 Construction of chapter.
This chapter shall be construed liberally and broadly to effectuate the purposes set out herein and wide latitude and discretion shall be vested in the public authorities charged with the exercise of the powers and duties conferred upon them by this chapter, except as in the chapter otherwise expressly limited. Nothing in this chapter shall be construed as repealing or altering existing laws affecting ports, and this chapter is to be considered as supplementary and cumulative. The grant of powers to the board of supervisors of such county, the county port authority, the governing authorities of the municipality in which the port of entry is located, and the port commission, where granted herein by reference to existing statutes, shall incorporate such statutes herein seriatim, and the subsequent amendment or repeal of such statutes shall not limit or rescind the powers and authority hereby conferred unless expressly so provided in such amending or repealing statute. The enumeration of any specific rights and powers contained in this chapter, where followed by general powers, shall not be construed in a restrictive sense, but rather in as broad and comprehensive a sense as possible to effectuate the purposes of this chapter. A county development commission shall have all rights, duties and powers vested upon a county port authority by this chapter.
Miss. Code Ann. § 59-9-5 Definitions.
The term “industrial operations” as used in this chapter shall include but not be limited to any and all enterprises, the operation of which will aid in the development of fisheries, shipyard operations, commerce, navigation or shipping in the port, as well as all forms of manufacturing enterprises, tourism enterprises, and service enterprises. Wherever the words “county port authority” appear in this chapter, such words shall be deemed to be identical in meaning and in context with the words “county development commission”.
Miss. Code Ann. § 59-9-7 Creation of county port authority or development commission; composition; jurisdiction.
Any county in the State of Mississippi bordering on the Mississippi Sound or the Gulf of Mexico in which county there is or may hereafter be located a municipality having a harbor or port of entry where commodities are exported to foreign nations, and where there is or may hereafter be maintained a channel and/or harbor or port to a depth of not less than twenty (20) feet, and where the board of supervisors of such county shall find and determine that public necessity and convenience requires the same, as evidenced by a resolution adopted and entered on the official minutes of such board, shall have a port authority to be known as the county port authority, but in any such county having four (4) incorporated municipalities therein, such county port authority shall be called and known as the development commission of such county. The county port authority shall be composed of seven (7) resident citizens of such county, who shall be qualified electors therein, but in any such county where a county development commission has been created, such county development commission shall be composed of twelve (12) resident citizens of such county, who shall be qualified electors therein. Such county port authority or county development commission shall have jurisdiction over the ports, terminals, harbors, channels, and passes leading thereto, and all vessels, boats, and wharves, common carriers and public utilities therein, using the same within the county, and not under the jurisdiction of any municipal port commission and exclusive of the jurisdiction of the port commission of any municipality in which a port of entry is located. But by joint resolutions adopted by the governing authorities of the county and the municipality, such county port authority or county development commission may be vested with joint and concurrent jurisdiction over all or any part of said port of entry, or the channels, harbors, or passes leading thereto, outside of the corporate limits of such municipality, and within such county.
Miss. Code Ann. § 59-9-9 Appointment, oath, bond, and terms of office of members.
A county port authority shall be appointed as follows: two (2) members shall be appointed by the Governor, and shall be qualified electors of the county and of the municipality in which the port of entry is located; five (5) members shall be appointed by the board of supervisors of such county; each supervisors district bordering on the Mississippi Sound or the Gulf of Mexico shall have at least one (1) member on such county port authority.
The members of any county port authority created as a county development commission shall be appointed as follows: Two (2) members shall be appointed by the Governor, and shall be qualified electors of the county and of a municipality which is a port of entry in such county; five (5) members shall be appointed, one (1) each by the governing authorities of each incorporated municipality in such county, and five (5) members shall be appointed by the board of supervisors of such county; each supervisors district bordering on the Mississippi Sound or Gulf of Mexico shall have at least one (1) member on such county development commission. After the expiration of the terms in effect on July 1, 1995, the members of the county development commission for Harrison County, Mississippi, which are appointed by the Governor shall be qualified electors of the county.
Before entering upon the duties of the office, each member of such county port authority or county development commission shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi and shall give bond to be approved by the board of supervisors of such county in the sum of Five Thousand Dollars ($5,000.00) conditioned upon the faithful performance of his duties. Such bond shall be made payable to the county, and in case of a breach thereof, suit may be brought thereon upon the relation of the county for the benefit of the county port authority or county development commission. The members of such county port authority or county development commission shall hold office for a term of four (4) years from the date of their appointment and qualification, and until their successor or successors shall be appointed and qualify as set out herein. The members of any municipal port commission shall be eligible for appointment as members of any county port authority or county development commission, but they shall not be paid additional compensation for attending any joint meeting of the county port authority or county development commission and the municipal port commission.
Notwithstanding any provisions of this chapter to the contrary, successors to members of a county development commission whose terms expire in the calendar year 1962, shall be appointed as follows: two (2) members by the Governor for a two-year term, four (4) members by the mayor of each incorporated municipality in the county for a three-year term; and five (5) members by the board of supervisors for a term of four (4) years. Succeeding appointments to the county development commission shall be for a term of four (4) years or until their successors are appointed.
Miss. Code Ann. § 59-9-11 Organization; meetings.
When the members of a county port authority or county development commission shall have been appointed and shall have qualified as set out herein, they shall meet at the regular meeting place of the board of supervisors of such county, after giving at least five days’ notice of the time and place of such meeting by publication in any newspaper published in the county seat of such county. At such meetings they shall elect a president and a secretary, who shall be members of the county port authority or county development commission, and adopt such rules as may govern the time and place for holding subsequent meetings, regular and special, not inconsistent with the provisions of this chapter.
Miss. Code Ann. § 59-9-13 Compensation of members.
Each member of any county port authority or county development commission created under the provisions of this chapter shall receive per diem compensation in the amount provided by Section 25-3-69 for each day engaged in attendance of meetings of the county port authority or county development commission or engaged in other duties of the county port authority or county development commission, not to exceed one hundred twenty (120) in any one (1) year, and shall receive their actual traveling expenses, to be audited and allowed by the county port authority or county development commission.
Miss. Code Ann. § 59-9-15 General powers and duties of authority or commission; director; additional clerical assistance; commission may enter into joint venture for construction and operation of facilities under jurisdiction of commission.
The duties and powers of a county port authority or county development commission shall be the same, as to matters within their jurisdiction, as those set forth and prescribed by law, and as the same may be amended from time to time, relating to the duties and powers of a municipal port commission. The board of supervisors, on recommendation of the county port authority or county development commission, may appoint a county port director. The salary of the county port director shall be subject to the approval of the board of supervisors of such county, and the county port director so appointed may be the port director employed by the port commission of the municipality, in which case the board of supervisors of such county and the governing authorities of the municipality may jointly agree on pro rata payments toward the salary and expenses of such port director. The members of such county port authority or county development commission and the county port di rector shall be public officers within the meaning and the intent of Section 97-11-19, Mississippi Code of 1972. The clerk of the board of supervisors of any county which has appointed a county port authority or county development commission is authorized to employ such additional clerical assistance as may be necessary or required in view of the additional duties imposed upon the board by this chapter, but no employee shall receive a salary of more than Thirty-six Hundred Dollars ($3600.00) per annum.
In addition to the general powers and duties of a county port commission or county development commission, a county port commission or development commission may enter into joint ventures or community alliances with private entities or other county port commissions or county development commissions to construct and operate any facilities under the jurisdiction of such commissions.
Miss. Code Ann. § 59-9-17 General powers and authority of county; validation of prior acts.
The board of supervisors of any county in which there has been created a county port authority or county development commission as provided in this chapter, acting for and on behalf of the county, is hereby given the authority through the county port authority, county development commission, or such other agencies as hereinafter may be provided by law, to engage in work of internal improvement or promoting, developing, constructing, maintaining and operating harbors, channels and other navigation projects within the county and the waters adjacent thereto and to develop land for industrial operations in connection therewith, and shall have the power to acquire, purchase, install, lease, construct, manufacture, own, maintain, repair, equip, use, control and operate wharves, piers, docks, ways, elevators, compresses, warehouses, roadways, floating dry docks, graving docks, marine railways, tugboats, ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, ship components, systems, parts, fuel, tourism or service facilities and materials required or incidental to any of such purposes; and all other facilities and equipment reasonably necessary or useful in the operation of harbor facilities, and water, air and rail terminals, and such other structures, facilities, lands, property or rights therein needful for the convenient use of the same in the aid of commerce, and to deepen any part of said harbor and to extend, enlarge or add to the same by dredging in any direction, including inland, and to acquire land or any estate therein needed to carry out the purposes of this chapter in connection therewith. Such harbor facilities, tourism facilities, and service facilities, except those privately owned as a part of or in connection with industrial operations, shall always be and remain under the management and control of such county through the county port authority or county development commission or such other governing agency or agencies, as may hereinafter be provided by law, or under the joint management and control of such county and the municipality in which the port of entry is located, acting through the county port authority or county development commission and municipal port commission. All prior purchases, acceptances and other acquisitions of land or estates therein by the county in conformity with the purposes of this chapter, whether or not heretofore specifically authorized by law are hereby ratified, approved and confirmed. All acts, orders and resolutions of the board of supervisors of the county and the county port authority or county development commission adopted prior to October 20, 1961 which find and adjudicate the public necessity of acquiring lands for the purposes stated in this chapter, are hereby ratified, approved and confirmed; and such acts, orders and resolutions of the board of supervisors and the county port authority or county development commission shall, without any further acts upon the part of the board of supervisors of the county or the county port authority or county development commission, have the same force and effect as if adopted pursuant to this chapter.
Miss. Code Ann. § 59-9-19 Additional powers and authority of county.
The board of supervisors of any county in which there has been created a county port authority or county development commission as provided in this chapter, acting through its county port authority or county development commission, shall have the following additional powers and authority:
To set aside or lease all or portions of said harbor facilities, wharves, docks, sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats or any necessary or useful improvements for special purposes for a term not exceeding ninety-nine (99) years.
To sell, lease or otherwise dispose of tourism facilities, service facilities, shipyards, shipbuilding facilities, machinery and equipment, dredges, facilities and land acquired for industrial or harbor operations to individuals, firms or corporations, public or private, for industrial operations on such terms and conditions and with such safeguards as will best promote and protect the public interest, and they are hereby authorized to transfer possession and/or title to any part of all of such facilities and lands by deed, lease, contract or other customary business instrument; however, no such lease of land or facilities acquired for industrial operations shall be executed for a term in excess of ninety-nine (99) years from its date, and before the execution of the same any such deed, conveyance, lease, contract or other disposition shall be authorized by the affirmative vote of at least two-thirds (2/3) of the membership of such port authority or development commission by order or resolution entered on its minutes, which order or resolution shall set forth the substantial terms of such deed, conveyance, lease, contract or other disposition.
In the letting of contracts and in the advertisement for bids thereon, for the development, construction, repair, maintenance or operation of any structures, facilities and lands required pursuant to any of the provisions of this chapter, the board of supervisors and the county port authority shall comply with all of the requirements of the general laws of the State of Mississippi governing the advertisement for bids and the letting of contracts by county boards of supervisors. In the event title to any such lands under jurisdiction of the port authority or development commission is in the name of the county, no such transaction shall be consummated until and unless the same be authorized by proper resolution of the port authority or development commission and of the county, in which event the county shall join the port authority or development commission in the execution of such instrument. Any such sale or lease may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate and approved by the county port authority or county development commission and the board of supervisors in orders or resolutions authorizing the same. Any covenants and obligations of the lessee or purchaser to make expenditures in determined amounts and within such time or times for improvements to be erected on the land by such lessee or purchaser and to conduct thereon industrial operations in such aggregate payroll amounts and for such period of time or times as may be determined and defined in such lease or conveyance, and to give preference in employment where practicable to qualified residents of the port of entry and of the county and/or state in which such port is situated, shall, if included in such lease or conveyance, constitute and be deemed sufficient consideration for the execution of any such lease or conveyance in the absence of a monetary rental or other considerations; any such lease may contain reasonable provisions giving the lessee the right to remove its or his improvements upon termination of the lease. Where the rentals provided in the lease will be sufficient to fully retire the cost of the particular facility or where the monetary consideration for a deed is sufficient to fully repay the cost of land acquired for industrial operations described in said deed, contracts for construction, repairs, maintenance and operation of the facility or for the sale of the land, may be negotiated and consummated without the necessity of advertising and obtaining competitive bids therefor. Such county, acting through the port authority or development commission, shall have the right to reclaim submerged lands for such purposes and shall also have the right to acquire by eminent domain proceedings, purchase or otherwise, any land or estate therein or property and rights that may be necessary for the purposes of this chapter, provided that land acquired for industrial operations by eminent domain shall be leased or shall be sold only with such provisions in the deed or lease as shall ensure that the use of the land shall be beneficial to the carrying out of the purposes of this chapter and the promotion of commerce through said port. The county, acting through the port authority or development commission, shall have no authority or power to acquire without the consent of the owner thereof any property operated or used for port, harbor or industrial operations, or for such purposes as the county, acting through the port authority or development commission, is authorized to acquire and use such property for, where such property has been sold or leased by the county, acting through the port authority or development commission, to any person, firm or corporation for industrial operations as provided in this chapter. In the exercise of eminent domain, the county, acting through the port authority or development commission, shall determine the amount and character of the land or estate therein thus to be acquired and the public necessity for such exercise and their determination shall be conclusive and shall not be subject to attack in the absence of manifold abuse of discretion or fraud on the part of said county in making such determination and said county, acting through the port authority or development commission, shall have all powers and authority vested in persons or corporations having the right of eminent domain by Sections 11-27-1 through 11-27-49 and all other statutes pertinent thereto.
To accept assurances and other agreements from persons, firms and corporations who are benefited by any action of the port authority pursuant to this chapter, including agreements to save the county harmless on account of any assurances given by the county to the United States of America or any agency thereof, including the Secretary of the Army, and to enter into contracts with such persons, firms or corporations relative to the future development and use of property owned by such persons, firms or corporations.
To obligate the county by contract with persons, firms and corporations owning or agreeing to purchase property in the area benefited by any action of the port authority under the provisions of this chapter for the construction, development, improvement or expansion of channels and other navigation projects by the county at its expense and the continued maintenance and operation thereof by the county at its expense for a period of time not to exceed ninety-nine (99) years, or so long as any such person, firm or corporation continues to use said property for industrial operations.
To obtain liability insurance as deemed appropriate for the needs of the port authority or development commission. If liability insurance is in effect, the port authority or development commission may be sued by anyone affected to the extent of such insurance carried; however, immunity from suit is waived only to the extent of such liability insurance carried, and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance.
To invest funds credited to the county development commission. A county development commission is vested with authority to designate depositories of its funds and to deposit its funds in insured, interest-bearing accounts or securities guaranteed by the good faith of the United States Treasury. All funds in excess of ninety (90) days’ operating expenses, to the extent practicable, shall be invested in United States Treasury bills, interest-bearing accounts insured by the Federal Deposit Insurance Corporation, or other securities of the United States Government including United States Treasury bills, notes and bonds, federal agency securities, mortgage-backed securities guaranteed as to repayment of principal by the United States Government, or repurchase agreements and mutual funds invested in obligations of the United States Government or its agencies and repurchase agreements fully collateralized by such obligations.
Miss. Code Ann. § 59-9-21 Restoration of sand beaches; leasing for development of port and related industrial facilities.
In addition to the powers and authority elsewhere conferred by this chapter, the board of supervisors of any county in which there has been created a county port authority or county development commission, acting through its county port authority or county development commission, shall have the power and authority to rebuild and restore to its previous width and height any sloping beach or sand beach heretofore pumped in or dredged to protect a public highway extending along the beach or shore of any body of tidewater which is exposed to or in danger of damage by water driven against the shore by storms or hurricanes, as heretofore authorized by Section 1 of Chapter 319 enacted at the 1924 Regular Session of the Mississippi Legislature; and to let by competitive bids a contract therefor in the manner and by the procedure set out in Section 59-9-27. In addition to bonds heretofore issued pursuant to Chapter 462, Laws of 1971, the board of supervisors may issue and sell full faith and credit bonds of said county in the manner and by the procedure set out in this chapter in an amount not exceeding Four Million Dollars ($4,000,000.00), subject to the limitations and conditions of this chapter, and may apply thereon any funds now or hereafter made available to the use or pledge of the said development commission, and to dredge, fill in and reclaim submerged lands and tidelands belonging to the State of Mississippi. It is hereby declared that the leasing for the development of port and related industrial facilities of the following described submerged lands and tidelands belonging to the State of Mississippi in an area immediately adjacent to the present port and industrial complex known as the Bayou Casotte Area in Jackson County, Mississippi, will serve a higher public interest in accordance with the purposes of this section and with the public policy of this state as set forth in Section 49-27-3, said property being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 20, Township 8 South, Range 5 West and at grid coordinates N242,489.57 feet, E606,331.52 feet; runs thence North 89 degrees 10’ 22" East along the Mid-Section Line of Section 21, Township 8 South, Range 5 West, 661.48 feet to a point at grid coordinates N242,499.12 feet, E606,992.93 feet; runs thence South 0 degrees 27’ 25"; East 1,621.39 feet to a two inch iron pipe with cap, set in concrete at grid coordinates N240,877.78 feet, E607,005.86 feet, said point being the Southeast corner of the property conveyed to Corchem, Inc., by H. K. Porter Company, Inc., by instrument dated December 31, 1971, recorded in Deed Book 419, page 182, Land Deed records of Jackson County, Mississippi, and being the point of beginning; runs thence South 0 degrees 27’ 25" East, 1,018.61 feet to a point on the South line of said Section 21, said point being North 89 degrees 18’ 22" East, 650.33 feet, of the Southwest corner of said Section 21; runs thence South 0 degrees 27’ 25" East, 2,306.58 feet, to a two inch iron pipe with cap, set in concrete at grid coordinates N237,552.70 feet, E607,032.37 feet; thence continues South 0 degrees 27’ 25" East 173 feet, more or less, to the mean water line of the Mississippi Sound, at scaled grid coordinates N237,379 feet, N607,033 feet; runs thence South 0 degrees 27’ 25" East 1,379 feet, more or less, to the intersection of the N236,000 grid line, at grid coordinates N236,000.00 feet, E607,044.75 feet; runs thence North 90 degrees 00’ 00" West, with the N236,000 grid line, 3,305 feet, more or less, to the mean water line of the Mississippi Sound on the East side of a Spoil Island, at scaled grid coordinates N236,000 feet, E603,740 feet; runs thence across said Spoil Island, North 90 degrees 00’ 00" West, 195 feet, more or less, to the mean water line of the Mississippi Sound on the West side of said Spoil Island at scaled grid coordinates N236,000 feet, E603,545 feet; runs thence North 90 degrees 00’ 00" West, with the N236,000 grid line 2,140 feet, more or less, to the East Harbor Line of Bayou Casotte at grid coordinates N236,000.00 feet, E601,404.38 feet; runs thence with the East Harbor Line of Bayou Casotte North 0 degrees 03’ 00“ West, 4,056.52 feet to a point at grid coordinates N240,056.52 feet, E601,400.84 feet; thence continues with the East Harbor Line of Bayou Casotte North 6 degrees 34’ 54" East, 746.48 feet to a point that is South 89 degrees 10’ 22" West of the point of beginning and at grid coordinates N240,798.08 feet, E601,486.40 feet; runs thence North 89 degrees 10’ 22" East, 780 feet, more or less, to the mean water line of the Mississippi Sound at scaled grid coordinates N240,809 feet, E602,266 feet; runs thence North 89 degrees 10’ 22" East, 60 feet, more or less, to a two inch iron pipe with cap, set in concrete at grid coordinates N240,810.22 feet, E602,326.35 feet; thence continues North 89 degrees 10’ 22" East, along the South boundary of Corchem, Inc., property 4,680.00 feet to the point of beginning and contains 623.7 acres, more or less. The real property herein described is situated in the South one half of Section 20, Southwest Quarter of the Southwest Quarter of Section 21, West one half of the Northwest Quarter of Fractional Section 28, and Fractional Section 29, all being located in Township 8 South, Range 5 West, Jackson County, Mississippi. LESS AND EXCEPT any portion of the following described property which is not owned or otherwise held in trust by the State of Mississippi: Commencing at the Northeast corner of the Southeast Quarter of Section 20, Township 8 South, Range 5 West and at grid coordinates N242,489.57 feet, E606,331.52 feet; runs thence North 89 degrees 10’ 22" East along the Mid-Section line of Section 21, Township 8 South, Range 5 West, 661.48 feet to a point at grid coordinates N242,499.12 feet, E606,992.93 feet; runs thence South 0 degrees 27’ 25" East, 1621.39 feet to a two inch iron pipe with cap, set in concrete, at grid coordinates N240,877.78 feet, E607,005.86 feet, said point being the Southeast corner of the property conveyed to Corchem, Inc., by H. K. Porter Company, Inc., by deed dated December 31, 1971, recorded in Deed Book 419, page 182, Land Deed Records of Jackson County, Mississippi, and the point of beginning; runs thence South 0 degrees 27’ 25" East, 1,018.61 feet to a point on the South line of said Section 21, said point being 650.33 feet East of the Southwest corner of said Section 21; runs thence South 0 degrees 27’ 25" East 2,306.58 feet to a two inch iron pipe with cap, set in concrete at grid coordinates N237,552.70 feet, E607,032.37 feet; thence continues South 0 degrees 27’ 25" East, 173 feet, more or less, to the mean water line of the Mississippi Sound as existed in 1961; runs thence Northwesterly along the said meandering mean water line to a point on the West line of Fractional Section 28, Township 8 South, Range 5 West; thence continues along the meandering mean water line of the Mississippi Sound in a Northwesterly direction to a point on the North line of Fractional Section 29, Township 8 South, Range 5 West; thence continues along said meandering water line of the Mississippi Sound in a Northwesterly direction to a point that is South 89 degrees 10’ 22" West of the point of beginning; runs thence North 89 degrees 10’ 22" East, 60 feet, more or less, to a two inch iron pipe with cap, set in concrete, at grid coordinates N240,810.22 feet, E602,326.35 feet; thence continues North 89 degrees 10’ 22" East along the South boundary of Corchem, Inc., property, 4,680.00 feet to the point of beginning. The parcel of land herein described is situated in the South one-half of Section 20, the Southwest Quarter of the Southwest Quarter of Section 21, the West one-half of the Northwest Quarter of Fractional Section 28, and Fractional Section 29, all being in Township 8, Range 5 West, Jackson County, Mississippi, and contains 205.4 acres, more or less. Bearings and grid coordinates used in this description refer to the Transverse Mercator Projection for the State of Mississippi East Zone. It is hereby declared that the leasing or use for commercial fishing purposes, port purposes and for industrial development related thereto of the following described submerged lands and tidelands belonging to the State of Mississippi in an area lying between the East Pascagoula River and Middle River, Jackson County, Mississippi, will serve a higher public interest in accordance with the purposes of this section and with the public policy of this state as set forth in Section 49-27-3, said property being more particularly described as follows: All that part of the Lowry Island Resurvey, which is bounded on the North by the L & N Railroad Track; on the East by the East Pascagoula River; on the West by Middle River; and on the South by the Mississippi Sound; and also the dredged-up Spoil Island, known as Singing River Island, lying South of the above described land and South of the launching channel South of the lands leased to Litton Ship Systems, Inc., and lying West of the federally maintained dredged channel going from Horn Island Pass to East Pascagoula River; LESS AND EXCEPT, however, that part of said property now owned by Jackson County, Mississippi, and the State of Mississippi and leased to Litton Ship Systems, Inc. Notwithstanding any provisions of law to the contrary, the county port authority of the county in which such state lands are located is hereby authorized to apply for and secure a lease for a period of not to exceed ninety-nine (99) years of such state lands as may be necessary for the development of commercial fishing, port and related industrial facilities in the aforesaid areas described in subsections (2) and (3) hereof except for the provisions of subsection (5) of this section. Application for a lease shall be made with the Secretary of State. Utilization of any and all submerged land and/or tideland shall be in such a manner so as not to obstruct normal navigation of any normal and natural channel. Title to the property shall remain vested in the State of Mississippi. All oil, gas and other minerals in, on or under said lands leased are hereby specifically reserved unto the State of Mississippi. The county port authority is hereby authorized to sublease such lands for commercial fishing, port purposes and for industrial development related thereto. All subleases executed by the county port authority shall be on such terms and conditions, and with such safeguards, as will best promote and protect the public interest. Such subleases shall be submitted to the Secretary of State for approval. Provided, however, that each sublease shall provide that if such property is not utilized within five (5) years, or if commercial fishing, industrial or port usage ceases and such termination continues for a period of two (2) years, the sublease shall terminate and all rights thereunder shall revert to the county. However, if such nonutilization for a period of five (5) years or cessation of use for a period of two (2) years shall be caused, suspended, delayed or interrupted by act of God, fire, war, rebellion, scarcity of water, insurrection, riot, strike, scarcity of labor, differences with employees, failure of a carrier to transport or furnish facilities for transportation; or as a result of some order, rule or regulation of any federal, state, municipality or other governmental agency; or as the result of failure of the sublessee to obtain any required permit or certificate; or as the result of any cause whatsoever beyond the control of sublessee, the time of such delay or interruption shall not be counted against sublessee in determining such periods of five (5) years or two (2) years. All subleases shall be for a fair and adequate consideration and the compensation and revenues therefrom may be retained by the state or shared with the county in a fashion approved by the Secretary of State for port purposes and industrial development. Such compensation and revenues may be pledged by the county to payment of any bonds required to be issued to finance such commercial fishing, port and industrial development, including a United States Navy home port. However, in the event bonds are issued as provided herein, upon the discharge and payment of the principal and interest of such bonds, any additional revenue generated shall be retained by the state or shared with the county for port purposes and industrial development in a fashion approved by the Secretary of State. Notwithstanding any provisions of law to the contrary, upon selection of Jackson County as a site for a home port for a Surface Action Group and upon review of the contract authorized in Section 1 of Chapter 812, Laws of 1985, as amended, the Secretary of State is hereby authorized to lease for a period not to exceed ninety-nine (99) years or sell if required by the United States Navy or the United States Department of Defense such state lands as may be necessary for the development by the United States Navy or the United States Department of Defense for a home port and related facilities for a naval squadron in the aforesaid area described in subsection (3) hereof. It is hereby declared that the leasing or sale to the United States Navy or the United States Department of Defense of any of the aforesaid area described in subsection (3) hereof will provide a major stimulus to employment in Jackson County and the state and will serve a higher public interest in accordance with the purposes of this section and with the public policy as set forth in Section 49-27-3, and such lease or sale may be made for nominal consideration. 1. A reservation of all oil, gas and other minerals in, on and under the subject property subject to a provision that no exploration, exploitation or development of any minerals shall be undertaken without prior written consent of the United States Navy; which consent shall not be unreasonably withheld; 2. A reverter which shall be created, declared, imposed and resolved in said quitclaim deed according to the terms of which said title to the subject property shall automatically revert to the state. The reversion shall automatically occur if a. construction of the home port facilities has not commenced within two (2) years of the conveyance of the subject property or b. thereafter, if the subject property is no longer required by the Navy for a home port or related facilities and the Secretary of the Navy shall so determine and promptly notify the State of Mississippi of said determination. In the event of said determination, the subject property as improved shall automatically revert to the State of Mississippi, and the state may pay to the United States of America the fair market value of the Navy’s improvements within five (5) years from the date of reversion, less the fair market value of the state and/or county-financed facilities; however, the county financed facilities shall revert to Jackson County unless the state finances the same or unless otherwise agreed upon by Jackson County and the state. If the State of Mississippi elects not to pay to the United States of America the fair market value of the Navy’s improvements within said period of five (5) years, then said property and all facilities financed by the State of Mississippi and financed by Jackson County shall automatically revert to the United States of America. If the subject property is to be sold to the United States Navy or to the United States Department of Defense, the instrument of conveyance, which shall be by quitclaim deed, shall include the following: If the subject property is to be leased to the United States Navy or to the United States Department of Defense, the lease agreement shall contain a termination clause which shall declare that the lease shall be rescinded if either of the conditions described in subsection (5)(a)(i)2 of this section occur. If the condition described in subsection (5)(a)(i)2b. of this section occurs, the United States Navy and the United States Department of Defense shall be allowed two (2) years from the date of termination or utilization of the area leased in which to remove any improvements or facilities thereon, excluding any county financed facilities, which shall revert to Jackson County unless otherwise agreed upon by Jackson County and the state. All references to payment for county financed facilities upon reversion shall also apply to the state if it finances the same. Provided, however, if revenue bonds are to be issued by the State Bond Commission under Section 1 of Chapter 500, Laws of 1985 [See Editor’s Note below], then the lands referred to in paragraph (a) of this subsection shall not be sold to the United States Navy or to the United States Department of Defense but may only be leased and such lease may contain an option to purchase when such bonds are retired. In this case an additional clause shall be included in the lease agreement to provide that upon termination of the lease agreement prior to the retirement of all revenue bonds issued under Section 1 of Chapter 306, Laws of 1987, such payments by the United States Navy or the United States Department of Defense as are necessary to retire such revenue bonds shall become due and payable on the date of the termination of the lease. This section is to be considered as supplementary and cumulative and nothing in this section shall be construed as repealing existing laws, or as repealing or amending any options, leases, deeds, contracts, agreements or legal instruments heretofore entered into by the board of supervisors of such county, the county port authority, the governing authorities of the municipality in which the port of entry is located, or the port commission. The grant of powers to the board of supervisors of such county, the county port authority, the governing authorities of the municipality in which the port of entry is located, and the port commission, where granted herein by reference to existing statutes, shall incorporate such statutes herein seriatim, and the subsequent amendment or repeal of such statutes shall not limit or rescind the powers and authority hereby conferred unless expressly so provided in such amending or repealing statute.
Miss. Code Ann. § 59-9-23 Establishment and development of industrial parks.
In addition to the powers and authority elsewhere conferred in this chapter, the board of supervisors of any county in which there has been created a county port authority or county development commission, acting through its county port authority or county development commission, may establish industrial parks with defined boundaries to develop and utilize lands for industrial operations and in such development may provide for water, sewage, drainage or similar facilities, or transportation, power or communication facilities which are incidental to the use of the lands as industrial parks. The creation of all such parks purported to be so established prior to enactment of this section as would comply with the provisions of this section is hereby ratified and declared valid. Transportation facilities herein authorized may include railroad lines and bridges extending not more than twenty (20) miles from such industrial parks, locomotives and other equipment to be used only in said county, but if any part of any such facility shall be in another county, only with consent of such county expressed by resolution of its board of supervisors and its county port authority or county development commission. Transportation facilities owned by a county hereunder may be operated by said county or others on behalf of such county or may be leased to others by said county; the Public Service Commission shall have no jurisdiction over such transportation facilities or the financing thereof, nor, so long as said county regulates such rates, the rates charged for the use of such transportation facilities. Revenue bonds, but not general obligation bonds, may be issued to pay the cost of such transportation, power or communication facilities, under Section 59-9-41, or under any other law now or hereafter available, and any such facilities may be sold or leased as hereinafter provided. In connection with an industrial park any such county, through its county port authority or county development commission, may establish a comprehensive plan, may make rules and regulations to assure compliance with such plan, and may set and collect rates and charges for services furnished by such industrial park.
Miss. Code Ann. § 59-9-25 Contracts for construction, maintenance, etc., of ports, facilities, etc.
The board of supervisors of such county, acting through its county port authority, and the governing authorities of the municipality in which the port of entry is located, acting through its port commission, may, in their discretion and acting jointly, enter into a contract or contracts for the development, construction, repair, maintenance or operation of any seaports, wharves, piers, docks, ways, elevators, compresses, warehouses, tourism facilities, service facilities, roadways, floating dry docks, graving docks, marine railways, tugboats, and water, air and rail terminals and other structures, facilities and lands needful for the convenient use of the same in the aid of commerce, or any other property at the port of entry under the joint jurisdiction of said county port authority and such port commission under such terms and conditions as both bodies may deem best economically to the city and county wherein the port of entry is located. In the letting of contracts, and in advertisement for bids thereon, for the development, construction, repair, maintenance or operation of any structures, facilities and lands acquired pursuant to any of the provisions of this chapter, the said board of supervisors, the governing authorities of the said municipality, the county port authority and the municipal port commission shall comply with all the requirements of the general laws of the State of Mississippi governing the advertisement for bids and letting of contracts by county boards of supervisors. However, where the rentals provided in a lease will be sufficient to fully retire the cost of the particular facility, contracts for the construction, repair, maintenance and operation of the facility may be negotiated and consummated with the lessee of the facility without the necessity of advertising and obtaining competitive bids therefor. The county port authority is given full power and authority to employ engineers, attorneys and other professional and technical assistance in and about the operations, development and advancement of harbors and ports of such county, and to pay reasonable compensation therefor, such employment and compensation therefor to be approved by the board of supervisors of such county. The county port authority, and the port commission of the port of entry are jointly vested with the power and authority herein conferred, subject to the approval of the board of supervisors and the governing authorities of the municipality of all joint undertakings of such county port authority and port commission.
Miss. Code Ann. § 59-9-27 Jurisdiction and duty of port authority over improvements; powers and duties of development commission.
All improvements constructed by the board of supervisors of any county under the provisions of this chapter or under the provisions of any local and private act conferring upon the board of supervisors the authority to engage in port, harbor or channel improvements or development, shall be under the jurisdiction of and operated and maintained by such county port authority. It shall be the duty of such county port authority, from time to time, to make recommendations to the board of supervisors of such county concerning expenditures, maintenance, operation and development of the harbors or port facilities of such county, and to submit annually to such board of supervisors a proposed budget for the operation and maintenance of such harbors and port facilities, which recommendations and budget shall be subject to the approval of the board of supervisors. In any county having a county development commission, all improvements constructed, including acquisition of land authorized under the provisions of this chapter, shall be constructed, operated and maintained by the county development commission. It shall be the duty of such county development commission, from time to time, to make recommendations to the board of supervisors of such county concerning expenditures, maintenance, operation and development of the harbors or port facilities of such county and the tourism and service facilities authorized under this chapter, and to submit annually to such board of supervisors a proposed budget for the operation and maintenance of such harbors and port facilities and tourism and service facilities, which recommendations and budget shall be subject to the approval of the board of supervisors. The said development commission shall have, and is hereby given, the authority and power to enter into contracts for the performance of all work, including acquisition of land, authorized under this chapter and to expend funds made available therefor, provided that all such expenditures by such commission shall be audited by the county auditor, who shall monthly report such expenditures to the board of supervisors. In letting contracts, and in advertising for bids therefor, the development commission shall comply with all the requirements of the general laws of the State of Mississippi covering the advertisement for bids and the letting of contracts by county boards of supervisors and such commission shall have full power and authority to employ engineers, attorneys, real estate brokers and appraisers, and other professional and technical assistance in and about the operations, development and advancement of the harbors and ports of such county and the tourism and service facilities authorized under this chapter and to pay reasonable compensation or commission therefor. Any capital expenditures or proposals to employ professional or technical assistance which does not exceed Twenty-five Thousand Dollars ($25,000.00) may be undertaken by the commission without approval of the board of supervisors and any capital expenditure or proposal to employ professional and technical assistance which exceeds the sum of Twenty-five Thousand Dollars ($25,000.00) shall not be undertaken except upon approval by the board of supervisors by appropriate order spread upon its minutes.
Miss. Code Ann. § 59-9-29 Jurisdiction over lands.
Any county port authority or county development commission created under the provisions of this chapter is hereby vested with full jurisdiction and control of any and all lands lying within or adjacent to any river, bay or natural lake, which are below the mean high tide mark, and which lands lie within or adjacent to any port or harbor within the jurisdiction of such county port authority or county development commission. Any such county port authority or county development commission is hereby authorized to reclaim any and all such lands by filling, dredging, or other means, to utilize, lease, sell, or dispose of same for the development and operation of the port to the same extent it is now or may hereafter be authorized to utilize its other facilities. Any such county port authority or county development commission, pursuant to resolutions adopted by the port commission and the governing body of the municipality in which the port of entry is located, may exercise joint and concurrent jurisdiction of any such lands described in such resolutions within the jurisdiction of the port commission of the port of entry, and outside of the corporate limits of such municipality, and may exercise the above powers jointly with such port commission as to such lands.
Under any such state-owned lands, if any, hereinabove turned over to the county port authority or county development commission, all oil, gas and other mineral rights are hereby reserved unto the State of Mississippi.
Miss. Code Ann. § 59-9-31 Lease or sale of unused lands for industrial purposes; authority and limitations.
In the event any part of such lands, as are described in Section 59-9-29, are not used for port purposes, and navigation, commerce and fishing will not be impeded thereby, such county port authority may lease or sell the same to individuals, firms, or corporations, public or private, for industrial operations, on such terms and conditions and with such safeguards as will best promote and protect the public interest, and they are hereby authorized to transfer possession of, lease or sell any part or all of such lands by lease, deed, contract, or other customary business instrument. However, no such lease shall be executed for a term in excess of ninety-nine years from its date, and before execution of same any such lease, deed, or contract or other disposition shall be authorized by the affirmative vote of at least two-thirds (2/3) of the membership of such county port authority by order or resolution entered upon its minutes, which order or resolutions shall set forth the substantial terms of such lease, deed, contract, or other disposition. No such transaction shall be consummated until and unless the same be authorized by proper resolution of the board of supervisors, who shall join in the execution of any such instrument.
Miss. Code Ann. § 59-9-33 Lease or sale of unused lands for industrial purposes; terms and conditions.
Any lease, sale, contract, or other disposition of any or all lands referred to in Section 59-9-29 may be made upon such terms and conditions and for such consideration as may be found to be adequate by the county port authority, and approved by the board of supervisors in orders or resolutions authorizing same, and the covenants and obligations of the lessee or grantee to make expenditures in determined amounts, and within such time or times, for improvements to be erected on the land by such lessee or grantee, and to conduct thereon industrial operations in such aggregate payroll amounts and for such period of time or times as may be determined and defined in such lease, deed, contract or other disposition, shall constitute and be deemed sufficient consideration for the execution of any such lease, deed, contract or other disposition. Any such lease granted for industrial or harbor operations under paragraphs (a) and (b) of Section 59-9-19 may contain an option to buy at any time and/or upon termination thereof, and shall, however, contain reasonable provisions for the termination of the lease or reversion of possession of the land and all improvements made by lessee or grantee to the facility, including personal property, unless previously agreed to, in the event of default on the part of the lessee or grantee of his or its obligation or covenants under such agreement.
Miss. Code Ann. § 59-9-35 Exemption from ad valorem taxes of certain lease contracts; time limit; lessee required to pay taxes after expiration of exemption.
Any contract for the lease of any development for the manufacture of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, ship components, systems, parts, fuel and materials required or incidental to any of such purposes to be constructed out of the proceeds of bonds to be issued under the provisions of this chapter may be exempt from ad valorem taxation except state ad valorem taxation and school district ad valorem taxation. The time of such exemption shall not exceed a total of ten (10) years, which shall commence from the date of the contract. Any request for an exemption must be made in writing before the date of the contract.
The lessee shall be required, after the expiration of any exemption granted hereunder, to pay ad valorem taxes on the leasehold notwithstanding that title to such development is vested in the county and port authority.
Miss. Code Ann. § 59-9-37 Issuance of bonds and interim certificates.
The board of supervisors of any county in which a county port authority or county development commission has been created pursuant to this chapter is hereby given authority to issue bonds or other obligations of such county in an amount not to exceed twenty percent (20%) of the assessed valuation of such county to provide funds for any purpose or purposes set out in this chapter. Such bonds may be issued at one (1) time or from time to time in such amount or amounts, shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972, shall mature in such amount or amounts and at such time or times, not exceeding twenty (20) years from the date thereof, with or without option of prior payment, and shall be executed in such manner, all as may be determined by the said board of supervisors. The resolution or order adopted by the board of supervisors authorizing said bonds may pledge the sources of revenue authorized under the statutes to pay the principal thereof and interest thereon, and all bonds issued under the one (1) resolution or order may be equally secured and entitled to be paid. In event, however, such board of supervisors elects to delay actual delivery or sale of any part of the bonds so authorized, either until the proceeds thereof are needed, or upon the happening or occurrence of any event or thing, then and in that event the bonds so authorized and any part thereof shall be secured and be entitled to be paid, both as to principal and interest in accordance with the terms and conditions to be fixed and recited in said resolution or order. In anticipation of the issuance of the definitive bonds authorized by this chapter, any such county may issue interim certificates. Such interim certificates shall be in such form, contain such terms, conditions or provisions, bear such date or dates, and evidence such agreement or agreements relating to their discharge by payment or by the delivery of the definitive bonds, as such county, by resolution of its governing body, may determine. Whenever any county shall have issued bonds under this section or Section 59-9-41, a portion of which remains outstanding and unpaid, and the governing authority of such county desires to refund all or any portion of such bonds or to issue additional bonds under this section or Section 59-9-41, for the purpose herein or therein authorized and to consolidate all or any portion of such bonded indebtedness, such governing authority, by resolution or resolutions, may at any time authorize and direct the issuance of bonds. The proceeds of such new bonds shall be used to pay or provide for the payment of, at or prior to maturity, any outstanding and unpaid bonds (including any unpaid accrued interest thereon), and any balance of such proceeds not so utilized shall be used and expended for the purposes authorized by this chapter. In the event that such outstanding bonds, by the terms thereof, are redeemable prior to maturity at the option of such county, then such option of redemption may be exercised in the manner provided in such bonds. Such new bonds shall be issued in like manner and like incidence and shall be payable from the same source or sources and the payment thereof shall be secured in like manner as provided in this section or Section 59-9-41 provided in the case of the issuance of original bonds under this section or under Section 59-9-41. In lieu of selling such portion of such new bonds as may be required to pay or provide for the payment of such outstanding bonds, such new bonds may be issued and delivered in exchange for and upon surrender and cancellation of a like amount of such outstanding bonds.
In addition and supplemental to the rights, duties and powers now or hereafter conferred by law upon counties having created a county port authority or county development commission, such counties are empowered and authorized to issue general obligation bonds of such counties as hereinabove provided, to acquire, establish, construct, develop, improve and maintain revetments, embankments, groins, sea walls, jetties, moles, breakwaters, gates, locks, dams, water basins, reservoirs, aqueducts, canals, water supply and distribution systems or pipelines and easements necessary thereto; and the acquisition, development and improvement of lands and property for any of such purposes. Such counties are further empowered and authorized to enter into contracts, agreements, assurances, or commitments with the United States of America, or any department or agency thereof, the State of Mississippi, or any department, political subdivision or agency thereof, or any person, firm or corporation relating or in connection with any power or duty authorized, imposed, or conferred upon such county by law, and to cooperate with and assist any public body or agency, or bodies or agencies, having jurisdiction of any waterway, port, harbor, or water development program, and to jointly exercise any or all of such powers as a joint operation with any other county or counties. Any such county or any party entering into any contract with any such county shall be entitled to maintain any action in any court of competent jurisdiction against the county or any other party to said contract to enforce any contractual right arising out of any such contract.
General obligation bonds issued under the provision of this section shall be payable from an ad valorem tax which may be levied without limit as to rate or amount upon all taxable property within the county.
Miss. Code Ann. § 59-9-39 Attorney’s fees for issuance of general obligation bonds.
Attorney’s fees for the issuance of any general obligation bonds authorized by the provisions of this chapter shall not exceed for each issue the following schedule:
Up to and including one million dollars ($1,000,000.00), one per cent (1%). Above one million dollars ($1,000,000.00) and up to and including two million dollars ($2,000,000.00), one half of one per cent (1/2 of 1%). Above two million dollars ($2,000,000.00), one fourth of one per cent (1/4 of 1%).
Miss. Code Ann. § 59-9-41 Revenue bonds.
In addition to the authority conferred by Section 59-9-37, the board of supervisors of such county is further authorized, in its discretion, to issue revenue bonds of such county to provide funds for any purpose or purposes set out in this chapter or in Section 59-5-31. Such revenue bonds may be issued upon compliance with Section 59-9-51, and shall not be subject to any limitation as to amount, and shall not be included or computed in the statutory limitations of indebtedness of any such county. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103, be payable at such place or places within or without the State of Mississippi, shall mature at such time or times and upon such terms, with or without premium, shall bear such registration privileges and shall be substantially in such form, all as shall be determined by resolution of the board of supervisors of such county. Such bonds shall mature in annual installments beginning not more than five (5) years from date thereof and extending not more than thirty-five (35) years from date thereof. Such bonds shall be signed by the president of the board of supervisors of such county, and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officers herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.
The revenue bonds issued under the provisions of this section shall be payable solely out of the revenues to accrue from the operation of such project development, improvement or utility systems, and the full faith and credit of the county shall not be pledged therefor, nor shall any ad valorem tax be levied therefor.
Miss. Code Ann. § 59-9-43 Sale and disposition of proceeds of bonds issued under §§ 59-9-37 and 59-9-41.
The board of supervisors of a county issuing bonds under Sections 59-9-37 and 59-9-41 shall sell such bonds in such manner and for such price as it may determine to be for the best interest of said county, but no such sale (other than revenue bonds) shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds (other than revenue bonds) shall be published at least one (1) time not less than ten (10) days prior to the date of sale and shall be published in a newspaper published in and having general circulation within such county.
The proceeds of such bonds shall be paid into a special fund or funds in banks qualified to act as depositories for such county. The proceeds of such bonds shall be solely for the purposes for which they were issued, and the redeeming of any outstanding bonds, and shall be disbursed upon order of the board of supervisors of such county, with such restriction, if any, as the resolution authorizing the issuance of the bonds may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the purpose for which they were issued, and the redeeming of any outstanding bonds, unless otherwise provided in the resolution authorizing the issuance of such bonds, additional bonds may in like manner be issued to provide the amount of such deficit which, unless otherwise provided in the resolution authorizing the issuance of bonds, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which the bonds were issued, the surplus shall be paid into the fund established for the payment of the principal of and the interest on such bonds.
Miss. Code Ann. § 59-9-45 Negotiability and taxation of bonds issued under §§ 59-3-37 and 59-9-41.
Any bonds, interest coupons, interim certificates or other obligations issued under the provisions of Sections 59-9-37 and 59-9-41 shall have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code, provided that it shall not be necessary to file any financing statements or continuation statements to perfect or protect the security of the holders of such bonds or to give notice to third parties of the existence of such security. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.
Miss. Code Ann. § 59-9-47 Proceedings for issuance and validation of bonds issued under §§ 59-9-37 and 59-9-41.
Bonds authorized under the authority of Sections 59-9-37 and 59-9-41 may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. The bonds authorized under the authority of this chapter may, in the discretion of the board of supervisors of such county, be validated in the chancery court of such county in a manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.
Miss. Code Ann. § 59-9-49 Levy of ad valorem tax for operating fund.
In addition and supplemental to the rights, duties and powers now or hereafter conferred by law upon counties having created a county port authority or county development commission, the board of supervisors of any such county, at the request of the county port authority or the county development commission, is authorized and empowered, in its discretion, to levy an ad valorem tax, not to exceed two mills on the dollar of assessed valuation of the taxable property of such county, to provide an operating fund for such county port authority or county development commission.
Miss. Code Ann. § 59-9-51 County-wide election on issuance of bonds under §§ 59-9-37 and 59-9-41.
A county-wide election shall be held to determine whether such bonds, as are provided for in Sections 59-9-37 and 59-9-41, may be issued. Upon the calling of an election, notice of such election shall be signed by the clerk of the board of supervisors and shall be published once a week for at least three consecutive weeks in at least one newspaper published in such county. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed for such election, and the last publication shall be made not more than seven days prior to such date. If no newspaper is published in such county, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such notice for at least twenty-one days next preceding such election in three public places in such county. Such election shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such county may vote, and the ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words “FOR THE BOND ISSUE” and “AGAINST THE BOND ISSUE,” and the voter shall vote by placing a cross (x) or check (Π) opposite his choice on the proposition. When the results of the election on the question of the issuance of such bonds shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, and unless a majority of the qualified electors who voted thereon in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should a majority of the qualified electors who vote thereon in such election vote in favor of the issuance of such bonds, then the board of supervisors of the county may issue such bonds, either in whole or in part, within two years from the date of such election, or within two years after the final favorable termination of any litigation affecting the issuance of such bonds, as such board shall deem best. However, the board of supervisors, in its discretion may, in lieu of the foregoing provisions, adopt a resolution reciting its intention to issue bonds for the purposes authorized by this chapter, stating the amount of bonds proposed to be issued and the date upon which further action will be taken by the board looking toward the issuance of such bonds. Such resolution shall be published once a week for at least three successive weeks in a newspaper published and of general circulation within such county. The first of such publications shall be made at least twenty-one days prior to the date set forth in said resolution as the date upon which further action will be taken by the board, and the last of such publications shall be made not more than seven days prior to such date. If, prior to the date set forth as aforesaid, there shall be filed with the clerk of such board a petition in writing signed by twenty per cent (20%) of the qualified electors of such county, requesting an election on the question of the issuance of such bonds, then such bonds shall not be issued unless authorized by a majority of the qualified electors of such county who vote thereon at an election to be ordered by such board for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as provided by law with respect to the submission of other county bond issues in such county. If the proposition so submitted shall fail to receive approval at such election, then no further proceedings for the issuance of such bonds shall be had or taken within a period of six months from and after the date of such election. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by a majority of the qualified electors voting thereon, then such board of supervisors shall be authorized to proceed with the issuance of such bonds without further election.
Miss. Code Ann. § 59-9-53 Pledge of county credit and resources for payment of bonds; issuance of revenue bonds.
Such bonds, as are provided for in Section 59-9-37, shall be general obligations of the county, and for the payment of such bonds and the interest thereon, the full faith, credit and resources of such county shall be and are hereby irrevocably pledged, and it shall be the mandatory duty of the board of supervisors of such county annually to levy upon all taxable property within such county an ad valorem tax sufficient to provide for the payment of such bonds as they mature and the interest thereon as it accrues, and the proceeds of such tax levy shall be used for no other purpose. In its discretion, such board of supervisors may also pledge for the payment of such bonds and interest thereon the revenues from facilities operated by the county port authority or county development commission, and any surplus revenues accruing to such county under and by virtue of Sections 65-33-45 and 65-33-47, Mississippi Code of 1972, and not theretofore pledged or hypothecated, and any other surplus funds available to such county from any other source, and not theretofore pledged or hypothecated. The board of supervisors of such county is further authorized, in its discretion, to issue revenue bonds of such county to provide funds for any purpose or purposes set out in this chapter, in the same manner as provided in Section 59-9-57 for the issuance of joint county and municipal revenue bonds, except that the board of supervisors of such county shall be authorized to issue such revenue bonds without the necessity of joint or concurrent action by any municipality, or the necessity of a separate election in such municipality, and such revenue bonds may be secured, in the discretion of the board of supervisors of such county, as provided in the preceding sentence hereof.
Miss. Code Ann. § 59-9-55 Investment of proceeds of bonds.
Any county which has heretofore issued bonds pursuant to this chapter, is hereby authorized to invest the proceeds of such bonds not needed for immediate use in bonds, notes or other evidences of indebtedness of the United States, but such investments shall not be made except upon the approval of the development commission or port authority.
Miss. Code Ann. § 59-9-57 Joint development, maintenance, operation, etc., of ports by county port authority or commission and municipality; joint bond issue.
The board of supervisors, acting through its county port authority or county development commission, and the governing authorities of the municipality in which the port of entry is located, acting through its port commission, jointly may negotiate a contract or contracts for the development, construction, repair, and maintenance and operation of seaports, wharves, piers, docks, ways, elevators, compresses, warehouses, roadways and water, air and rail terminals and other structures, facilities and lands needful for the convenient use of the same in the aid of commerce or any other property at the port of entry under the joint jurisdiction of such county port authority or county development commission and such port commission. Such county and municipality, acting through the board of supervisors of such county, and the governing authorities of such municipality are authorized to jointly issue bonds or other obligations to provide funds for such joint undertakings. Such bonds shall be issued as provided in Sections 59-9-37 through 59-9-51, but shall be jointly issued by the board of supervisors of such county and by the governing authorities of the municipality in which the port of entry is located, acting concurrently. Such bonds shall be denominated as port improvement bonds of the county and municipality issuing the same. Unless three-fifths (3/5) of the qualified electors of such county who voted in an election to be held for that purpose shall have voted in favor of the issuance of such bonds and three-fifths (3/5) of the qualified electors of the municipality in which the port of entry is located who voted in an election held for that purpose shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Electors of such county who vote in such election vote in favor of the issuance of such bonds and should three-fifths (3/5) of the qualified electors of the municipality in which the port of entry is located who vote in such election vote in favor of the issuance of such bonds, then the board of supervisors of such county and the governing authorities of the municipality in which the port of entry is located may issue such bonds, either in whole or part, within three years after the date of such election or within three years after the termination of any litigation affecting the issuance of such bonds, as such board of supervisors and such governing authorities of the municipality in which the port of entry is located jointly shall deem best. For the payment of such bonds and interest thereon, the board of supervisors of such county and the governing authorities of the municipality in which the port of entry is located, may each pledge the two-mill ad valorem tax authorized by Section 59-9-59, or such part thereof as may be required for the payment of such bonds and interest thereon. Such county and municipality, acting jointly, may also pledge for the payment of such bonds and interest thereon, the revenues from all or any of the facilities operated or to be operated jointly by the county port authority or county development commission and port commission and any revenues accruing to such county and municipality under and by virtue of Sections 59-7-1 or 59-7-303, and not theretofore pledged or hypothecated, and any such county may also pledge any surplus funds accruing by virtue of Sections 65-33-45 or 65-33-47, Mississippi Code of 1972, and not theretofore pledged or hypothecated, and any other surplus funds available to such county or municipality from any other source. Such bonds shall not be computed as being within any statutory limitation on the issuance of municipal or county bonds, but the two-mill ad valorem tax, or such part thereof as may be necessary for the payment of such bonds and interest thereon, as well as any revenues accruing to such county and municipality under and by virtue of Sections 59-7-1 or 59-7-303, and any surplus accruing to such county under Sections 65-33-45 or 65-33-47, Mississippi Code of 1972, and not theretofore pledged or hypothecated, shall be irrevocably pledged to the payment of such bonds and interest. Any bonds, or other obligations issued pursuant to this section shall be fully negotiable within the meaning and for all the purposes of the Mississippi Uniform Commercial Code. Whenever any county and municipality, acting jointly, shall have issued bonds hereunder, a portion of which remain outstanding and unpaid, and the governing authorities of such county and municipality, acting jointly, desire to issue additional bonds hereunder for the purposes herein authorized and desire to consolidate all such bonded indebtedness, such governing authorities, by resolution or resolutions, may at any time authorize and direct the issuance of bonds. The proceeds of such new bonds shall be used to take up, pay and redeem all of such outstanding and unpaid bonds at their par value, and the balance of such proceeds shall be used and expended for the purposes authorized by this section. In the event that such outstanding bonds, by the terms thereof, shall be redeemable prior to maturity at the option of such county and municipality, acting jointly, then such option of redemption shall be exercised in the manner provided in such bonds, or in the event that such outstanding bonds, by the terms thereof, be not so redeemable prior to maturity, then the consent of the holder or holders thereof shall first be had and obtained to the end that, in either of said events, the redemption of such outstanding bonds may be accomplished concurrently with the issuance of such new bonds. Such new bonds shall be issued in like manner and like incidence and shall be payable from the same source or sources and the payment thereof shall be secured in like manner as herein provided in the case of the issuance of original bonds hereunder. In lieu of selling such portion of such new bonds as may be required to provide for the redemption of such outstanding bonds, such new bonds may be issued and delivered in exchange for and upon surrender and cancellation of a like amount of such outstanding bonds.
Miss. Code Ann. § 59-9-59 Joint bond issue; tax levy; collection and disposition of taxes.
Where the issuance of bonds has been authorized as provided by Section 59-9-57, and so long as any of such bonds shall be outstanding the board of supervisors of such county, and the governing authorities of the municipality wherein the port of entry is located in such county, are authorized to levy and collect an ad valorem tax not to exceed two mills, for the joint development, construction, maintenance, repair, or operation of harbor and port facilities authorized by this chapter, which levy shall be collected by the tax collector of such county and the tax collector of the municipality, and shall be deposited into a fund to be designated “the county port fund” and into “the municipal port fund”, respectively, and which sums shall be disbursed on the requisition of the county port authority, or the port commission of the municipality, as the case may be, and which funds may also be pledged and used for the payment of bonds issued hereunder.
All taxes collected for the payment of principal of and interest on bonds issued hereunder, shall be credited to a special fund in the county and municipal treasuries of such county and municipality and to be known and designated as the “port bonds interest and sinking fund”, and all sums credited to said fund shall be used to pay such bonds as they mature and the interest thereon as it accrues and for no other purpose. It shall be the mandatory duty of such board of supervisors and governing authorities of the municipality to transfer funds from said port funds to the port bonds interest and sinking fund in amounts sufficient to pay maturing principal and accruing interest on bonds issued hereunder. To the extent that funds are thus made available for the payment of such bonds and the interest thereon, the special tax levy herein provided for may be correspondingly reduced.
Miss. Code Ann. § 59-9-61 Joint bond issue; control of facilities; collection and disposition of revenues.
All improvements and facilities constructed pursuant to the joint issuance of bonds by any county and municipality under the authority of Sections 59-9-57 and 59-9-59, shall be maintained and operated under the control of the county port authority and of the port commission. The county port authority and port commission shall, subject to and in accordance with any agreement or agreements as may be made by any such county and municipality with the purchaser or purchasers of bonds or other obligations issued pursuant to this chapter, prescribe, levy, and collect all rents, fees, tolls, revenues and other charges in connection with the use and occupancy of the aforesaid improvements and facilities, and shall pay over all net revenues derived from the operation of such improvements and facilities to any trustee, or successor thereto, established as hereinafter in this chapter provided. Net revenues shall be deemed to be such as may be defined in any agreement or agreements entered into between any such county and municipality and the purchaser or purchasers of any bonds or other obligations issued pursuant to the aforesaid sections.
Miss. Code Ann. § 59-9-63 Joint bond issue; powers and duties of counties and municipalities.
In connection with the issuance of bonds or other obligations by any county and municipality jointly pursuant to this chapter, such county and municipality, acting jointly, shall have the powers and duties conferred by Sections 59-7-321 and 59-7-323, and all such powers and duties shall apply to and shall be exercised jointly by such county and municipality.
Miss. Code Ann. § 59-9-65 Issuance of bonds and obligations for dredging channels and industrial site preparation.
In addition to authority to issue bonds or other obligations pursuant to this chapter, the board of supervisors of any county which has a plan approved by the Mississippi Board of Economic Development for the planned development of any port, harbor or waterway, may, with the approval of the Mississippi Board of Economic Development, issue general obligation bonds of such county in the maximum principal amount of two million dollars ($2,000,000.00) to provide funds for the dredging of channel and harbor and preparation of site for the construction or acquisition of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges, floating drydocks, graving docks, marine railways, tugboats, or any other facilities required or incidental to the construction, outfitting, drydocking or repair of ships or vessels. Such bonds may be issued at one (1) time or from time to time, in such amount or amounts, shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear interest at such rate or rates, not exceeding that allowed in Section 75-17-101, Mississippi Code of 1972, shall mature in such amount or amounts and at such time or times, not exceeding twenty (20) years from the date thereof, with or without option of prior payment, and shall be executed in such manner, all as may be determined by the said board of supervisors. No interest payment due on any bond shall be evidenced by more than one (1) coupon and supplemental coupons will not be permitted; the difference between the highest rate of interest specified for any bond issue shall not exceed the lowest rate of interest specified for the same bond issue by more than one and one-fourth percent (1-1/4%). Each interest rate specified in any bid must be in a multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named. Such bonds shall be signed by the president of the board of supervisors of such county, and the official seal of the county shall be affixed thereto, attested by the clerk of the board of supervisors of such county. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of said officer. Whenever any such bonds shall have been signed by the officers herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear. Before issuing such bonds, the board of supervisors of such county shall adopt a resolution declaring its intention to issue such bonds, stating the amount of bonds proposed to be issued and the date upon which further action will be taken by the board looking toward the issuance of such bonds. Such resolution shall be published once a week for at least three (3) successive weeks in a newspaper published and of general circulation within such county. The first of such publications shall be made at least twenty-one (21) days prior to the date set forth in said resolution as the date upon which further action will be taken by the board, and the last of such publications shall be made not more than seven (7) days prior to such date. If, prior to the date set forth as aforesaid, there shall be filed with the clerk of such board a petition in writing signed by twenty percent (20%) of the qualified electors of such county, requesting an election on the question of the issuance of such bonds, then such bonds shall not be issued unless authorized by a majority of the qualified electors of such county who vote thereon at an election to be ordered by such board for that purpose. Notice of such election shall be given and such election shall be held and conducted in like manner as provided by law with respect to the submission of other county bond issues in the county. If, however, no such petition shall be so filed, or if at such election, or subsequent election, such proposition be assented to by a majority of the qualified electors voting thereon, then such board of supervisors shall be authorized to proceed with the issuance of such bonds without further election. The board of supervisors of such county shall sell such bonds in such manner and for such price as it may determine to be for the best interest of said county, but in no case to exceed the rate of interest hereinabove provided, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one (1) time not less than ten (10) days prior to the date of sale and shall be published in a newspaper published in and having general circulation within the county. The resolution or order adopted by the board of supervisors authorizing the issuance of said bonds shall pledge the sources of revenues authorized under the statutes to pay the principal thereof and interest thereon; and all bonds issued under one (1) resolution or order may be equally secured and entitled to be paid. In addition to such pledge, such bonds shall be payable from an ad valorem tax which may be levied without limit as to rate or amount upon all taxable property within the county.
Miss. Code Ann. § 59-9-67 Reclamation of submerged lands and tidelands; conveyance of lands by state; lease or sale of lands and facilities by county.
For the purposes set out in subsection (1) of Section 59-9-65, the board of supervisors of such county, acting by and through the county port authority, and with the supervision and approval of the Mississippi Agricultural and Industrial Board, shall have the power to dredge, fill in and reclaim submerged lands and tidelands belonging to the State of Mississippi; and the state land commissioner, with the approval of the attorney general and the governor, is hereby authorized and empowered to convey such reclaimed submerged lands and tidelands to such county and to issue the state’s patent therefor, but all oil, gas and other minerals in, on or under said lands are hereby specifically reserved unto the State of Mississippi. Such county, acting through its county port authority, shall have the further power to develop and utilize such lands for any of such purposes, provided, however, that no normal or natural channel shall be obstructed so as to interfere with the normal navigation therein. The board of supervisors of such county, acting jointly with the county port authority, and with the approval of the Mississippi Agricultural and Industrial Board, shall have the power to lease such lands, for a term not in excess of ninety-nine years from the date of such lease, or to sell or otherwise dispose of such land to the State of Mississippi, or to individuals, firms or corporations, public or private, for industrial operations, on such terms and conditions and with such safeguards as will best promote and protect the public interest, and they are hereby authorized to transfer possession and/or title to any part or all of such lands by deed, lease, contract, or other customary business instrument. Any facilities constructed or acquired for use on such lands under the provisions of Section 59-5-11, including, but not limited to machinery or equipment, may be leased for a term not in excess of ninety-nine years from the date of such lease, or sold, or otherwise disposed of to the State of Mississippi or to individuals, firms or corporations, public or private, for industrial operations, on such terms and conditions, with such safeguards as will best promote and protect the public interest, and subject to the limitations set out in Section 59-5-11, and the board of supervisors of such county, acting jointly with the county port authority, and with the approval of the Mississippi Agricultural and Industrial Board, is authorized to transfer possession and/or title to any part, or all of such facilities, machinery or equipment by deed, lease, contract, or other customary business instrument.
Miss. Code Ann. § 59-9-69 Additional general obligation bonds.
In addition to the authority set out in subsection (1) of Section 59-9-65, the board of supervisors of such county may issue general obligation bonds of such county in the additional maximum principal amount of five million dollars ($5,000,000.00), to provide funds for any purposes authorized by Sections 59-9-17 through 59-9-23. Such bonds shall be issued as provided in subsections (2), (3), (4) and (5) of Section 59-9-65, Section 59-9-73, and subsection (2) of Section 59-9-75.
Miss. Code Ann. § 59-9-71 Dredging and site preparation; fund.
The Mississippi Agricultural and Industrial Board shall assist and supervise the dredging of channel and harbor and preparation of site for the construction of ships, vessels, shipyards, shipbuilding facilities, machinery and equipment, dredges, floating drydocks, graving docks, marine railways, tug boats, or any other facilities required or incidental to the construction, outfitting, drydocking or repair of ships or vessels as contemplated by Sections 59-9-65 and 59-9-67. All sums of money received or obtained by the agricultural and industrial board under the provisions of Sections 59-9-65 through 59-9-75, by appropriation or otherwise, shall be paid into the state treasury and shall constitute a fund to be known as the “agricultural and industrial dredging and site preparation fund.” All expenditures shall be paid therefrom by the state treasurer on warrant of the auditor of public accounts; and said auditor shall issue his warrant upon requisition signed by the director and the secretary of the agricultural and industrial board. To the extent that funds may be available, the agricultural and industrial board shall join with any board of supervisors acting under authority of subsection (1) of Section 59-9-65 in contracting for the work contemplated by said Sections 59-9-65 and 59-9-67, and shall pay from the “agricultural and industrial dredging and site preparation fund” eighty per cent (80%) of the cost of any such project not to exceed four million dollars ($4,000,000.00) for any one county board of supervisors. The agricultural and industrial board shall require such safeguards and controls for the proper accomplishment of such projects as shall be deemed appropriate. However, the said agricultural and industrial board shall observe all procedures, regulations and requirements of law with regard to public contracts and the letting thereof under the B.A.W.I. acts. If the program provided by Sections 59-9-65 through 59-9-75 is terminated or discontinued for any reason in the future, all moneys in the “agricultural and industrial dredging and site preparation fund,” after payment of any outstanding costs in connection with any project undertaken, shall be transferred to the general fund of the state treasury on written certification of the director of the agricultural and industrial board that this program has been discontinued or terminated by said agricultural and industrial board, citing the statutory authority therefor.
Miss. Code Ann. § 59-9-73 Negotiability and taxation of bonds issued under Sections 59-9-65 through 59-9-75.
All bonds and interest coupons issued under the provisions of Sections 59-9-65 through 59-9-75 shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code and in exercising the powers granted by said sections, the board shall not be required to and need not comply with the provisions of the Uniform Commercial Code. Such bonds and income therefrom shall be exempt from all taxation within the State of Mississippi.
Miss. Code Ann. § 59-9-75 Proceedings for issuance and validation of bonds issued under Sections 59-9-65 through 59-9-75; applicability of debt limitations.
Sections 59-9-65 through 59-9-75, without reference to any other statute, shall be deemed to be full and complete authority for the issuance of such bonds by such county, and no proceedings shall be required for the issuance of such bonds other than those provided for and required herein, and the limitations of Sections 59-9-37 through 59-9-49, shall not be applicable to the bonds issued under the provisions of Sections 59-9-65 through 59-9-75 nor shall such bonds be included or computed in the statutory limitations of indebtedness of any such county, and all the necessary powers to be exercised by the board of supervisors of such county in order to carry out the provisions of Sections 59-9-65 through 59-9-75, are hereby conferred. The bonds authorized under the authority of Sections 59-9-65 through 59-9-75 may, in the discretion of the board of supervisors of such county, be validated in the chancery court of such county in a manner and with the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.
Miss. Code Ann. § 59-9-77 Construction of chapter.
This chapter, without reference to any other statute, shall be deemed full and complete authority for the issuance and sale of bonds as herein provided, and shall be construed as additional and alternative methods therefor, and none of the present restrictions, requirements, conditions, or limitations of law shall be applicable to the issuance and sale of bonds under this chapter, except as herein otherwise expressly limited, and no proceedings shall be required for the issuance of such bonds other than those provided for and required herein, and all powers necessary to be exercised by the board of supervisors of such county, and by the governing authorities of the municipality in which the port of entry is located in such county, in order to carry out the provisions of this chapter, are hereby conferred.
Miss. Code Ann. § 59-9-79 Validation of bonds.
Except as otherwise specifically provided in this chapter, the bonds issued under this chapter may, in the discretion of the board of supervisors, or the board of supervisors and the governing authorities of the municipality in which the port of entry is located in such county, be validated under Sections 31-13-1 through 31-13-11, Mississippi Code of 1972.
Miss. Code Ann. § 59-9-81 Applicability of debt limitation.
The bonds or other obligations issued by counties or municipalities pursuant to this chapter shall not constitute a debt within the meaning of any statutory limitation as to the amount of debt which may be incurred by any such county or by any such municipality.
Miss. Code Ann. § 59-9-83 Exemption from taxation of bonds; negotiability.
Except as otherwise specifically provided in this chapter, all bonds or other obligations issued pursuant to this chapter and any interest thereon or income therefrom shall be exempt from all taxation, except gift, transfer and inheritance taxes, insofar as may be within the power of the State of Mississippi to provide and shall be negotiable instruments within the meaning of the law of merchants and the Mississippi Uniform Commercial Code.
Miss. Code Ann. § 59-9-85 Action to enforce contractual rights.
The State of Mississippi, any county acting through a county port authority or a county development commission, or any person, firm or corporation entering into any contract with any county, acting through a county port authority or a county development commission authorized by this chapter, shall be entitled to maintain any action in any court of competent jurisdiction against the State of Mississippi, the county and the county port authority and the county development commission to enforce any contractual right arising out of any such contract.
Source: Public.Resource.Org MS CodeURL: https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.59.htmlFetched: 6/9/2026