MCA Chapter 15

MCA Chapter 15
in effect

Miss. Code Ann. § 51-15-1 Membership and organization of board.

There is hereby created the Pat Harrison Waterway Commission composed of Clarke, Covington, Forrest, George, Greene, Jackson, Jasper, Jones, Lamar, Lauderdale, Newton, Perry, Smith, Stone, and Wayne Counties in the State of Mississippi, to be governed by a board consisting of one member from each such county and three members from the state at large, all to be appointed by the governor to serve for a term of four years or until their successors are appointed and qualified. The governor shall designate in his appointment the chairman and vice-chairman thereof. They shall serve without pay except for their actual traveling expenses and other necessary expenses incurred in the performance of their official duties, to be reimbursed as in the case of state employees under the provisions of general law. Upon appointment, said members shall meet and organize at Hattiesburg, Mississippi, and set a regular time and place for the meetings of the commission, secure offices and all necessary equipment, and obtain such engineering, professional, clerical, and other assistance as may be necessary in order to accomplish the purposes of this article. An executive director may be appointed by the board if this is deemed advisable, and salaries of all personnel may be paid out of funds provided under the terms of this article in an amount agreeable to the commission.

Miss. Code Ann. § 51-15-3 Powers and duties.

The Pat Harrison Waterway Commission is hereby authorized and empowered to do any and all things necessary and desirable in making a survey or surveys of the Pascagoula, Leaf, and Chickasawhay Rivers, the Tallahala Creek, and their tributaries in co-operation with the federal government and other agencies of the State of Mississippi; to promote the establishment of barge canals linking the cities of Meridian, Hattiesburg, Laurel, and other cities and communities along the Pascagoula, Leaf, and Chickasawhay Rivers, the Tallahala Creek, and their tributaries with the Gulf of Mexico. Each county represented on said commission, or two or more such counties acting in concert, pursuant to a plan to be approved by said commission, are authorized to improve all or any part of such waterways within said county or counties for navigation or flood control purposes.

Miss. Code Ann. § 51-15-5 Financing.

The commission shall be financed in all of its activities from funds made available by each of the associated counties, and each such county is authorized and empowered to contribute any amount or amounts which the board of supervisors thereof shall deem advisable, acting in their sole discretion, to be paid from the general county fund of the respective counties.

Miss. Code Ann. § 51-15-7 Homestead exemption laws not applicable.

No reimbursement on the additional tax levies herein provided shall be made under the Homestead Exemption Law of 1946, being Sections 27-33-1 through 27-33-61 of the Mississippi Code of 1972.

Miss. Code Ann. § 51-15-9 Article supplementary to other laws.

This article shall be considered supplemental and additional to any and all other laws, and confers sufficient authority in and of itself for the purposes set forth herein.

Miss. Code Ann. § 51-15-101 Legislative determination and declaration of policy.

It is hereby declared, as a matter of legislative determination, that the waterways and surface waters of the state are among its basic resources, that the overflow and surface waters of the state have not heretofore been conserved to realize their full beneficial use, that the utilization, development, conservation, and regulation of such waters are necessary to insure an adequate flood control program, sanitary water supply at all times, to promote the balanced economic development of the state, and to aid in conservation and development of state forests, irrigation of lands needing irrigation, and pollution abatement. It is further determined and declared that the preservation, conservation, storage, and regulation of the waters of the Pat Harrison Waterway District overflow waters for domestic, municipal, commercial, industrial, agricultural, and manufacturing purposes, for recreational uses, for flood control, timber development, irrigation, and pollution abatement are, as a matter of public policy, for the general welfare of the entire people of the state. The creation of the Pat Harrison Waterway District is determined to be necessary and essential to the accomplishment of the aforesaid purposes, and this article operates on a subject in which the state at large is interested. All the terms and provisions of this article are to be liberally construed to effectuate the purposes herein set forth, this being a remedial law.

Miss. Code Ann. § 51-15-103 General authority to reorganize.

The Pat Harrison Waterway Commission may hereafter be organized in this state under the provisions of this article, in the manner hereafter provided for. This water management district shall be an agency of the state and a body politic and corporate, and may be composed and is composed of the following counties, to-wit: Clarke, Covington, Forrest, George, Greene, Jackson, Jasper, Jones, Lamar, Lauderdale, Newton, Perry, Smith, Stone, and Wayne.

Miss. Code Ann. § 51-15-105 Board of directors.

All powers of the district shall be exercised by a board of directors to be composed of the following: [Repealed] From and after January 9, 1996, the Governor shall appoint three (3) members of the Board of Directors of the Pat Harrison Waterway District from the district at large. No more than one (1) appointment may be made by the Governor from any one (1) county in the district. All initial appointments made pursuant to this paragraph shall be made no later than February 1, 1996, and no person appointed under this paragraph shall be an elected official or a county employee. All appointments made pursuant to this paragraph shall be for terms of four (4) years each or until a successor is appointed and qualifies. From and after January 9, 1996, the board of supervisors of each county in the Pat Harrison Waterway District shall have an appointment to the board of directors of the district as follows: the boards of supervisors of the counties of Clarke, Covington and Forrest shall each appoint a member from their respective counties for an initial term of one (1) year; the boards of supervisors of the counties of George, Greene, Jackson and Jasper shall each appoint a member from their respective counties for an initial term of two (2) years; the boards of supervisors of the counties of Jones, Lamar, Lauderdale and Newton shall each appoint a member from their respective counties for an initial term of three (3) years; and the boards of supervisors of the counties of Perry, Smith, Stone and Wayne shall each appoint a member from their respective counties for an initial term of four (4) years. All initial appointments made pursuant to this paragraph shall be made no later than February 1, 1996, and no person appointed under this paragraph shall be an elected official or a county employee. All appointments made pursuant to this paragraph after the initial appointments shall be for terms of four (4) years each or until a successor is appointed and qualifies. The directors appointed pursuant to paragraphs (b) and (c) of this subsection shall not discontinue any litigation pending on January 9, 1996, with respect to monetary payments owed to the district by any member county, and such directors shall pursue such litigation to a conclusion. Each director shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before a chancery clerk, that he will faithfully discharge the duties of the office, which oath shall be filed with the clerk and by him preserved. Each director shall receive a per diem in the amount established in Section 25-3-69, Mississippi Code of 1972, for attending each day’s meeting of the board and for each day spent in attending to the necessary business of the district and, in addition, he may receive reimbursement for actual and necessary expenses thus incurred, upon express authorization of the board. The board of directors shall annually elect from its number a president and a vice president of the district, and such other officers as in the judgment of the board are necessary. The president shall be the chief executive officer of the district and the presiding officer of the board, and shall have the same right to vote as any other director. The vice president shall perform all duties and exercise all powers conferred by this article upon the president when the president is absent or fails or declines to act, except the president’s right to vote. The board shall also appoint a secretary and a treasurer, who may or may not be members of the board, and it may combine those offices. Except as otherwise provided for in this subsection, the treasurer shall give bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) as set by the board of directors, and each director may be required to give bond in the sum of not less than Ten Thousand Dollars ($10,000.00) with sureties qualified to do business in this state, and the premium on such bonds shall be an expense of the district. The condition of each bond shall be that the treasurer or director will faithfully perform all duties of his office and account for all money or other assets which shall come into his custody as treasurer or director of the district. In lieu of the bonds required by this subsection, the board may authorize that the district purchase an equivalent amount of errors and omissions insurance for the treasurer and directors. Each director shall meet with the board of supervisors of the county from which he is appointed at least twice a year at reasonable times established by the board of supervisors.

Miss. Code Ann. § 51-15-107 Petition for creation of district.

The Pat Harrison Waterway Commission, acting through its members who favor bringing the counties they represent into the Pat Harrison Waterway District, or other counties having Pascagoula River, Leaf River, Chickasawhay River, or Tallahala Creek tributaries shall petition the chancery court of Forrest County, Mississippi, to organize and establish the Pat Harrison Waterway District and shall set forth in the petition: The counties to be included in the Pat Harrison Waterway District. Each member of the Pat Harrison Waterway Commission, as created by virtue of Sections 51-15-1 through 51-15-9, and any county through which the Pascagoula, Leaf, and Chickasawhay Rivers and Tallahala Creek run, or other counties having tributaries to such streams or which border on said streams, may be included in the district. The necessity and desirability for the developments and construction of suitable facilities. A general description of the purposes of the contemplated works, and a general description of the plan. The petition shall be filed with as many copies as there are parties defendant. The board of water commissioners of the State of Mississippi shall be made a party defendant, and the chancery clerk shall furnish the board of water commissioners with a copy of the petition with attached exhibits. Each county named in the petition shall be joined as a party defendant by service of process on the president of the board of supervisors thereof, and the chancery clerk shall furnish a copy of the petition to each such president. Whenever any municipality having a population according to the most recent federal census of ten thousand (10,000) or more is included in such proposed district, such municipality shall be made a party defendant. It shall not be necessary that any landowners in the counties to be included in said proposed district be named in the petition, or be made parties defendant. The chancellor of the chancery court of Forrest County, Mississippi, shall have jurisdiction of the entire waterway district for the purposes of this article. Such jurisdiction may be exercised by the chancellor in term time or in vacation, as provided in this article.

Miss. Code Ann. § 51-15-109 Proceedings after filing of petition.

The board of water commissioners shall file a written answer to the petition within thirty days after such service. After the filing of the answer of the board of water commissioners, and upon motion of the petitioners, the chancellor shall enter an order fixing the date for a hearing of the cause on the original petition, the exhibits, the answer of the board of water commissioners, and any other answers filed or other pleadings. The chancery clerk shall give notice of such hearing to all persons interested by posting notices thereof at the door of the courthouse of the county or counties in which the district is situated and in at least ten public places in said proposed district, and also by publishing said notice at least once a week for three consecutive weeks in a newspaper published in each of the counties proposed to be included in such waterway district. If there is no newspaper published in any such county, then it shall be sufficient to publish said notice in a newspaper having a general circulation in such county. Such notice shall be addressed to the property owners and qualified electors of such proposed district and all other persons interested, shall state when and in what court said petition was and is filed, shall state the counties included in such district, and shall command all such persons to appear before the chancery court, or the chancellor in vacation, at the chancery court building of Forrest County upon the date fixed by the chancellor to show cause, if any they can, why the proposed waterway district should not be organized and established as prayed for in said petition. The date for such hearing shall not be less than twenty-one days nor more than forty days after the last publication of such notice. It shall be sufficient in describing the lands to be included in the waterway district to name the counties to be included therein in the publication or notice hereinbefore mentioned. If the court or chancellor finds that the notice or publication was not given as provided for in this article, it shall not thereby lose jurisdiction, but the court or chancellor shall order due publication or notice to be given and shall continue the hearing until such publication or notice shall be properly given; and the court or chancellor shall thereupon proceed as though publication or notice had been properly given in the first instance.

Miss. Code Ann. § 51-15-111 Hearing.

The chancery court of Forrest County may hear the petition at any term thereof, or the chancellor of said court may fix a time to hear such petition at any time in vacation, may determine all matters pertaining thereto, may adjourn the hearing from time to time, and may continue the case for want of sufficient notice or other good cause. And if said petition shall prove defective in any manner, the petitioners, upon motion, shall be permitted to amend the same. Upon the day set for hearing said petition, or a day to which same may be continued by the court or chancellor, all parties interested may appear and contest the same. If, upon the hearing of such petition, it is found that such projects are feasible and practical, and if the creation of the waterway district under the terms of this article would meet a public necessity both local and statewide and would be conducive to the public welfare of the state as a whole, such court or chancellor shall so find and shall make and enter an order upon the minutes of the said chancery court stating that the said district, to be known as the Pat Harrison Waterway District, should be organized subject to all of the terms and provisions of this article. If the chancellor finds that the proposed waterway district should not be organized, he shall dismiss the proceedings and the costs shall be paid by the Pat Harrison Waterway Commission.

Miss. Code Ann. § 51-15-113 Order and notice of election.

If the court or chancellor thereof finds that the proposed waterway district should be organized, a decree shall be so entered by the court which shall become final unless an election is called as hereinafter provided. A notice as provided by the decree of the court creating such district shall be published once each week for at least three consecutive weeks in at least one newspaper having general circulation or published in each county of the district as specified in such decree, stating that the decree shall become final forty-five days after its entry unless twenty per cent (20%) of the qualified electors of any county or counties shall petition the court for an election on the question of the inclusion of such county in the district. If there be no newspaper published in any such county, then it shall be sufficient to publish such notice in a newspaper having general circulation in said county and, in addition, to post a copy of such notice for at least twenty-one days next preceding the decree becoming final at three public places in such county. The first publication of such notice shall be made in each county within ten days after entry of said decree. In the event such petition is filed by twenty per cent (20%) of the qualified electors of any county, an election shall be held in such county as hereinafter provided. The election shall be held not less than twenty-one nor more than forty-five days from the final date of such order, whereby the qualified electors within such county may determine if such county shall be a part of such proposed district. The election shall be called by the board of supervisors of the county, and notice of the election shall be given by publishing a substantial copy of the order of the board of supervisors providing for the election once a week for at least three consecutive weeks, in at least one newspaper published in each county in which an election is to be held. The first publication of such notice shall be made not less than twenty-one days prior to the date fixed for such election. If no newspaper is published in any 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 at three public places in such county.

Miss. Code Ann. § 51-15-115 Election.

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 counties may vote and the ballots used at such election shall have printed thereon the words “FOR BEING INCLUDED IN THE PAT HARRISON WATERWAY DISTRICT” and “AGAINST BEING INCLUDED IN THE PAT HARRISON WATERWAY DISTRICT” and the voter shall vote by placing a cross (x) or check (Π) mark opposite his choice on the proposition. In any particular county, should a majority of the qualified electors voting in such election in said county vote in favor of the creation of the Pat Harrison Waterway District, then that county shall become a part of the waterway district. The chancery court of Forrest County or the chancellor thereof in vacation shall thereupon enter a final order including such county in the district. In any particular county, should a majority of the qualified electors voting in such election in such county vote against being included in the Pat Harrison Waterway District, then that county shall not become a part of the waterway district and the said decree shall be modified accordingly.

Miss. Code Ann. § 51-15-117 Appeals.

Any person interested in or aggrieved by the final order of the court or the chancellor, creating the waterway district or dismissing the petition or admitting a county to the district, and who was a party to the proceedings in the chancery court may prosecute an appeal therefrom within ten days from the date of such decree by furnishing an appeal bond in the sum of five hundred dollars ($500.00) with two good and sufficient sureties, conditioned to pay all costs of the appeal in the event the decree is affirmed. Such appeal bond shall be subject to the approval of the chancery clerk. When the transcript of the record of the case shall be filed in the office of the supreme court, the appellee having been summoned to appear and answer the appeal, ten days after service of the summons on appellee or his attorney the court shall consider such case as entitled to be heard. Any party to any proceedings in any court involving any of the provisions of this article may waive any time for filing pleadings so as to obtain an earlier hearing. Any appeal from such order or decree of the chancery court or chancellor shall be a preference case in the supreme court and shall be tried at the earliest moment convenient with said court.

Miss. Code Ann. § 51-15-118 Withdrawal of county from district.

From and after July 1, 1999, the board of supervisors of any county that is included in the Pat Harrison Waterway District may elect to withdraw such county from the district. The withdrawing county shall be responsible for paying its portion of any district bonds, contractual obligations, and any other indebtedness and liabilities of the district that are outstanding on the date of such county’s withdrawal from the district. The withdrawing county’s portion of such liabilities, obligations and indebtedness shall be determined through an independent audit conducted by a certified public accountant. The board of supervisors of the withdrawing county shall provide the sum that is required by this section either by appropriation from any available funds of the county or by levy. Such board of supervisors may borrow funds as needed to satisfy the withdrawing county’s portion of the liabilities, obligations and indebtedness of the district as required herein.

Miss. Code Ann. § 51-15-119 Powers of district.

The Pat Harrison Waterway District through its board of directors is hereby empowered: To develop in conjunction with the United States Army Corps of Engineers, United States Secretary of Agriculture, or with the head of any other federal or state agency as may be involved, plans for public works of improvement to make navigable or for the prevention of flood water damage, or the conservation, development, recreation, utilization and disposal of water, including the impoundment, diversion, flowage and distribution of waters for beneficial use as defined in Article 1 of this chapter, and in connection with the Oktibbeha River Basin project as authorized under Public Law 874, 87th Congress, October 23, 1962, and substantially in accordance with the recommendation of the Chief of Engineers in House Document 549 of the 87th Congress. To impound overflow water and the surface water of any streams in the Pat Harrison Waterway District or its tributaries within the project area, within or without the district, at the place or places and in the amount as may be approved by the Office of Land and Water Resources of the State of Mississippi, by the construction of a dam or dams, reservoir or reservoirs, work or works, plants and any other necessary or useful related facilities contemplated and described as a part of the project within and without the district, to control, store, and preserve these waters, and to use, distribute, and sell them, to construct or otherwise acquire within the project area all works, plants or other facilities necessary or useful to the project for processing the water and transporting it to cities and other facilities necessary or useful to the project for the purpose of processing the water and transporting it to cities and other facilities for domestic, municipal, commercial, industrial, agricultural and manufacturing purposes, and is hereby given the power to control open channels for water delivery purposes and water transportation. To acquire and develop any other available water necessary or useful to the project and to construct, acquire, and develop all facilities within the project area deemed necessary or useful with respect thereto. To forest and reforest and to aid in the foresting and reforesting of the project area, and to prevent and aid in the prevention of soil erosion and flood within the area; to control, store and preserve within the boundaries of the project area the waters of any streams in the area, for irrigation of lands and for prevention of water pollution. To acquire by condemnation all property of any kind, real, personal or mixed, or any interest therein, within or without the boundaries of the district, necessary for the project and the exercise of the powers, rights, privileges and functions conferred upon the district by this article, according to the procedure provided by law for the condemnation of lands or other property taken for rights-of-way or other purposes by railroad, telephone or telegraph companies and according to the provisions of Section 29-1-1. For the purposes of this article the right of eminent domain of the district shall be superior and dominant to the right of eminent domain of railroad, telegraph, telephone, gas, power and other companies or corporations and shall be sufficient to enable the acquisition of county roads, state highways or other public property in the project area, and the acquisition or relocation of this property in the project area. The cost of right-of-way purchases, rerouting and elevating all other county-maintained roads affected by construction shall be borne by the water management district, and new construction shall be of equal quality as in roads existing as of June 1, 1962. The county in which such work is done may assist in these costs if the board of supervisors desires. The amount and character of interest in land, other property and easements to be acquired shall be determined by the board of directors, 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 such board in making this determination. However, In acquiring lands, either by negotiation or condemnation, the district shall not acquire minerals or royalties within the project area; sand and gravel shall not be considered as minerals within the meaning of this section; and No person or persons owning the drilling rights or the right to share in production shall be prevented from exploring, developing or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting these products by reason of the inclusion of the lands or mineral interests within the project area, whether below or above the water line, but any activities shall be under reasonable regulations by the board of directors that will adequately protect the project; and In drilling and developing, these persons are hereby vested with a right to have mineral interests integrated and their lands developed in the drilling unit or units that the State Oil and Gas Board shall establish after due consideration of the rights of all owners to be included in the drilling unit. Moreover, when any site or plot of land is to be rented, leased or sold to any person, firm or corporation for the purpose of operating recreational facilities thereon for profit, the board shall, by resolution, specify the terms and conditions of the sale, rental or lease, and shall advertise for public bids thereon. When these bids are received, they shall be publicly opened by the board, and the board shall thereupon determine the highest and best bid submitted and shall immediately notify the former owner of the site or plot of the amount, terms and conditions of the highest and best bid. The former owner of the site or plot shall have the exclusive right at his option, for a period of thirty (30) days after written notice is received by the land owner of the determination of the highest and best bid by the board, to rent, lease or purchase the site or plot of land by meeting the highest and best bid and by complying with all terms and conditions of renting, leasing or sale as specified by the board. However, the board shall not in any event rent, lease or sell to any former owner more land than was taken from the former owner for the construction of the project, or one-quarter (1/4) mile of shore line, whichever is lesser. If this option is not exercised by the former owner within a period of thirty (30) days, the board shall accept the highest and best bid submitted. Any bona fide, resident householder actually living or maintaining a residence on land taken by the district by condemnation shall have the right to repurchase his former land from the board of directors for a price not exceeding the price paid for his land, plus any permanent improvements and plus the cost of condemnation. To require the necessary relocation of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, pipelines, and mains and facilities in the project area, or to require the anchoring or other protection of any of these, provided due compensation is first paid the owners thereof or agreement is had with the owners regarding the payment of the cost of relocation. Further, the district is hereby authorized to acquire easements or rights-of-way in or outside of the project area for the relocation of roads, highways, railroad, telephone and telegraph lines and properties, electric power lines, pipelines, and mains and facilities, and to convey them to the owners thereof in connection with the relocation as a part of the construction of the project. However, the directors of the district shall not close any public access road to the project existing prior to the construction of the reservoir unless the board of supervisors of the county in which the road is located agrees. To overflow and inundate any public lands and public property, including sixteenth section lands and in lieu lands, within the project area. To construct, extend, improve, maintain and reconstruct, to cause to be constructed, extended, improved, maintained and reconstructed, and to use and operate all facilities of any kind within the project area necessary or convenient to the project and to the exercise of powers, rights, privileges and functions. To sue and be sued in its corporate name. To adopt, use and alter a corporate seal. To make bylaws for the management and regulation of its affairs. To employ engineers, attorneys, who may or may not be a director, and all necessary agents and employees to properly finance, construct, operate and maintain the projects and the plants, and to pay reasonable compensation for these services; for all services in connection with the issuance of bonds as provided in this article, the attorney’s fee shall not exceed one percent (1%) of the principal amount of these bonds. For any other services, only reasonable compensation shall be paid for those services. The board shall have the right to employ a general manager or executive director, who shall, at the discretion of the board, have the power to employ and discharge employees. Without limiting the generality of the foregoing, it may employ fiscal agents or advisors in connection with its financing program and in connection with the issuance of its bonds. To make contracts and to execute instruments necessary or convenient to the exercise of the powers, rights, privileges and functions conferred upon it by this article. To make or cause to be made surveys and engineering investigations relating to the project, or related projects, for the information of the district to facilitate the accomplishment of the purposes for which it is created. To apply for and accept grants from the United States of America or from any corporation or agency created or designated by the United States of America, and to ratify and accept applications heretofore or hereafter made by voluntary associations to these agencies for grants to construct, maintain or operate any project or projects which hereafter may be undertaken or contemplated by the district. To do all other acts or things necessary, requisite, or convenient to the exercising of the powers, rights, privileges or functions conferred upon it by this article or any other law. To make such contracts in the issuance of bonds that may be necessary to ensure the marketability thereof. To enter into contracts with municipalities, corporations, districts, public agencies, political subdivisions of any kind, and others for any services, facilities or commodities that the project may provide. The district is also authorized to contract with any municipality, corporation or public agency for the rental, leasing, purchase or operation of the water production, water filtration or purification, water supply and distributing facilities of the municipality, corporation or public agency upon consideration as the district and entity may agree. Any contract may be upon any terms and for any time as the parties may agree, and it may provide that it shall continue in effect until bonds specified therein and refunding bonds issued in lieu of these bonds and all obligations are paid. Any contract with any political subdivision shall be binding upon the political subdivisions according to its terms, and the municipalities or other political subdivisions shall have the power to enter into these contracts as in the discretion of the governing authorities thereof would be to the best interest of the people of the municipality or other political subdivisions. These contracts may include within the discretion of the governing authorities a pledge of the full faith and credit of the political subdivisions for the performance thereof. To fix and collect charges and rates for any services, facilities or commodities furnished by it in connection with the project, and to impose penalties for failure to pay these charges and rates when due. To operate and maintain within the project area, with the consent of the governing body of any city or town located within the district, any works, plants or facilities of any city deemed necessary or convenient to the accomplishment of the purposes for which the district is created. Subject to the provisions of this article, from time to time to lease, sell or otherwise lawfully dispose of property of any kind, real, personal or mixed, or any interest therein within the project area or acquired outside the project area as authorized in this article, for the purpose of furthering the business of the district. When, in the opinion of the board of directors as shown by resolution duly passed, it shall not be necessary to the carrying on of the business of the district that the district own any lands acquired, the board shall advertise the lands for sale to the highest and best bidder for cash, and shall receive and publicly open the bids thereon. The board shall, by resolution, determine the highest and best bid submitted for the land and shall thereupon notify the former owner, his/her heirs or devisees, by registered mail of the land to be sold and the highest and best bid received therefor, and the former owner, or his/her heirs or devisees, shall have the exclusive right at his/her or their option for a period of thirty (30) days in which to meet such highest and best bid and to purchase such property. To prevent or aid in the prevention of damage to person or property from the waters of the Pascagoula River or any of its tributaries. To acquire by purchase, lease, gift or in any other manner (otherwise than by condemnation) and to maintain, use and operate all property of any kind, real, personal or mixed, or any interest therein within the project area, within or without the boundaries of the district, necessary for the project and convenient to the exercise of the powers, rights, privileges and functions conferred upon the district by this article. In the purchase of or in the entering into of all lease purchase agreements for supplies, equipment, heavy equipment and the like, the directors shall in all instances comply with the provisions of law pertaining to public purchases by public bids on these supplies and equipment. To designate employees as peace officers with the power to make arrests for violations of regulations of the district. The officers are authorized to carry weapons and to enforce the laws of the state within the confines of district parks and property. Any employee so designated is required to obtain and maintain certification pursuant to Section 45-6-1 et seq. To contract with persons, who are certified according to the minimum standards established by the Board on Law Enforcement Officer Standards and Training under Section 45-6-1 et seq., to serve as peace officers with the power to make arrests for violations of regulations of the district. Such officers are authorized to carry weapons and to enforce the laws of the state within the confines of district parks and property. All persons with which the district has contracted under this paragraph (aa) shall be independent contractors and shall not be considered as employees under Chapter 46 of Title 11, Mississippi Code of 1972. To: (a) receive and expend funds that are made available to it under the provisions of the federal American Recovery and Reinvestment Act of 2009 (ARRA), and/or from any other source, to construct a lake and related structures and facilities in George County, Mississippi, if the funds received by the district may be used for that purpose; (b) obtain any information and research regarding construction of the lake and related structures and facilities from the Department of Wildlife, Fisheries and Parks; and (c) to receive and expend any funds made available to the district from the Department of Wildlife, Fisheries and Parks for the construction of the lake and related structures and facilities. The board of directors shall annually prepare a five-year plan containing a prioritized list detailing the purposes, goals and projected costs of projects which it intends to implement or is in the process of implementing and shall file such plans with the clerk of the board of supervisors of each member county on or before July 15 of each year. The board of directors shall, after completion of the annual audit of the district and upon receipt of the written report thereon, file a copy of such audit with the clerk of the board of supervisors of each member county.

Miss. Code Ann. § 51-15-120 Repealed.

Repealed by Laws 1992, ch. 491, § 35, eff from and after October 1, 1993. [Laws, 1973, ch. 375, § 1; Repealed, Laws, 1984, ch. 495, § 36, and Laws, 1984, 1st Ex Sess, ch. 8, § 3; reenacted and amended, Laws, 1985, ch. 474, § 44; Laws, 1986, ch. 438, § 35; Laws, 1987, ch. 483, § 36; Laws, 1988, ch. 442, § 33; Laws, 1989, ch. 537, § 32; Laws, 1990, ch. 518, § 33; Laws, 1991, ch. 618, § 33]

Miss. Code Ann. § 51-15-121 Repealed.

Repealed by Laws, 2005, ch. 396, § 4, effective from and after July 1, 2005. [Codes, 1942, § 5956-181; Laws, 1962, ch. 222, § 6, eff from and after passage (approved June 1, 1962).]

Miss. Code Ann. § 51-15-123 Park and recreation facilities.

The Pat Harrison Waterway District is authorized to establish or otherwise provide for public parks and recreation facilities and for the preservation of fish and wildlife, and to acquire land otherwise than by condemnation except as provided in subsection (e) of Section 51-15-119 for such purposes, within the project area.

Miss. Code Ann. § 51-15-125 Rules and regulations.

The board of directors of the district shall have the power to adopt and promulgate all reasonable regulations, which include establishing penalties for violation or the misuse, so as to secure, maintain, and preserve the sanitary condition of all water in and to flow into any reservoir owned by the district, to prevent waste of water or the unauthorized use thereof, and to regulate residence, hunting, fishing, boating, camping, and all recreational and business privileges along or around any such reservoir, any body of land, or any easement owned by the district. Such district may prescribe reasonable penalties for the breach of any regulation of the district.

Miss. Code Ann. § 51-15-127 Appropriation permit.

The district is empowered to obtain through appropriate hearings an appropriation permit or permits from the board of water commissioners of the State of Mississippi.

Miss. Code Ann. § 51-15-129 District funding.

In each county of the State of Mississippi which is a part of the Pat Harrison Waterway District, so long as funds are found to be necessary for the operation of the district by annual legislative approval of the district budget, the tax collector of such county shall pay into the depository selected by the water district for such purpose an amount to be determined as follows: each county shall pay a pro rata share (not to exceed the avails of one (1) mill through September 30, 1997, and not to exceed the avails of three-fourths (3/4) mill through September 30, 2005, and not to exceed seven-eighths (7/8) mill thereafter) of the annual district budget based on the proportion that the most recent total assessed valuation of the county bears to the most recent aggregate total assessed valuation of all the counties which comprise the district; provided, however, that any county bordering on the Gulf of Mexico which by action of the board of supervisors has created and authorized a port authority and which has been paying into the port authority the avails of a two-mill levy that was established under Section 27-39-3 shall pay an amount not to exceed one-tenth (1/10) mill through September 30, 2005, and not to exceed two-tenths (2/10) mill thereafter, of the total assessed valuation of the county to the Pat Harrison Waterway District pursuant to this section and the assessed valuation of that county shall not be considered when calculating each county’s pro rata share of the district’s budget. Of the amount paid by counties required to pay to the district an amount not to exceed seven-eighths (7/8) mill, an amount equivalent to the avails of one-eighth (1/8) mill shall be utilized to fund flood control, water management and other similar projects as requested by counties in the district. Of the amount paid by counties required to pay to the district an amount not to exceed two-tenths (2/10) mill, an amount equivalent to the avails of one-tenth (1/10) mill shall be utilized to fund flood control, water management and other similar projects as requested by counties in the district. It shall be the duty of the Pat Harrison Waterway District Board of Directors in the month of November annually upon receipt of the total assessed valuation of the member counties, certified by the Department of Revenue, to prepare a request to the board of supervisors of member counties to levy a tax using the formula herein established not to exceed the maximum number of mills authorized by this section. Member counties shall remit their share of the district budget no later than March 1 of each year.

Miss. Code Ann. § 51-15-131 Board of directors to issue bonds.

The board of directors of the district is hereby authorized and empowered to borrow money or issue bonds of the district for the purpose of paying the cost of acquiring, owning, constructing, operating, repairing, and maintaining the projects and works specified herein, including related facilities and including all financing and financial advisory charges, interest during construction, engineering, architectural, legal, and other expenses incidental to and necessary for the foregoing or for the carrying out of any power conferred by this article. The board of directors is authorized and empowered to borrow money and issue bonds at such times and in such amounts as shall be provided for by resolution of the board of directors, not to exceed the limitation prescribed in Section 51-15-135. All such bonds so issued by said district shall be secured solely by a pledge of the net revenues which may now or hereafter come to the district, and by the pledge of the avails of the ad valorem tax levy provided for in Section 51-15-129. Such bonds shall not constitute general obligations of the State of Mississippi or of the counties comprising said district, and such bonds shall not be secured by a pledge of the full faith, credit, and resources of the state or of the counties. Bonds of the district shall not be included in computing any present or future debt limit of any county in the district under any present or future law. “Revenues” as used in this article shall mean all charges, rentals, tolls, rates, gifts, grants, avails of tax levies, monies, and all other funds coming into the possession of the district by virtue of the provisions of this article, except the proceeds from the sale of bonds issued hereunder. “Net revenues” as used in this article shall mean the revenues after payments of costs and expenses of operation and maintenance of the project and related facilities.

Miss. Code Ann. § 51-15-133 Details of bonds; supplemental powers conferred in issuance of bonds.

All bonds provided for by Section 51-15-131 shall be negotiable instruments within the meaning of the Uniform Commercial Code of this state, shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting, shall be in denominations of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), shall be registered as issued, and shall be numbered in a regular series from one (1) upward. Each bond shall specify on its face the purpose for which it was issued and the total amount authorized to be issued, it shall be payable to bearer, and the interest to accrue thereon shall be evidenced by proper coupons to be attached thereto. The bonds shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101. They shall mature annually in such amounts and at such times as shall be provided by the resolution of the board of directors. No bond shall have a longer maturity than forty (40) years, and the first maturity date thereof shall be not more than five (5) years from the date of such bonds. The denomination, form and place or places of payment of the bonds shall be fixed in the resolution of the board of directors of the district. The bonds shall be signed by the president and the secretary of the board with the seal of the district affixed thereto, but the coupons may bear only the facsimile signatures of the president and secretary. All interest accruing on such bonds so issued shall be payable semiannually, except that the first interest coupon attached to any bond may be for a period not exceeding one (1) year. The bonds may be called in, paid and redeemed in inverse numerical order on any interest date prior to maturity, upon not less than thirty (30) days’ notice to the paying agent or agents designated in the bonds, and at such premium as may be designated in such bonds. All such bonds shall contain in substance a statement to the effect that they are secured solely by a pledge of the net revenues of the district, including the avails of the ad valorem tax levy provided for in Section 51-15-129, and that they do not constitute general obligations of the State of Mississippi or of the counties comprising the district, and are not secured by a pledge of the full faith, credit and resources of the state or of the counties. All the bonds as provided for herein shall be sold for not less than par value plus accrued interest at public sale in the manner provided by Section 31-19-25. No sale shall be at a price so low as to require the payment of interest on the money received therefor at more than eleven percent (11%) per annum computed with relation to the absolute maturity of the bonds, in accordance with standard tables of bond values, excluding from such computation the amount of any premium to be paid on redemption of any bonds prior to maturity. This article shall be full and complete authority for the issuance of the bonds provided for herein, and no restriction or limitation otherwise prescribed by law shall apply herein. Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

Miss. Code Ann. § 51-15-135 Limitation on amount of bonds.

Bonds and other indebtedness issued or incurred pursuant to this article shall not exceed Seven Million Dollars ($7,000,000.00) in principal amount.

Miss. Code Ann. § 51-15-136 Borrowing money or issuance of bonds after April 6, 1995.

From and after April 6, 1995, the board of directors shall not borrow money or issue bonds of the district unless sixty percent (60%) of the entire membership of the board of directors votes in favor of such action after thirty (30) days’ written notice to the chancery clerks and presidents of the boards of supervisors of the member counties of the date upon which such vote will be taken. Further, the board shall not borrow money or issue bonds of the district from April 6, 1995, through February 1, 1996.

Miss. Code Ann. § 51-15-137 Repealed.

Repealed by Laws, 2005, ch. 396, § 5, effective from and after July 1, 2005. [Codes, 1942, § 5956-189; Laws, 1962, ch. 222, § 14; Laws, 1962, 2d Ex. Sess., ch. 31, § 6; Laws, 1964, ch. 253; Laws, 1995, ch. 559, § 5; Laws, 1996, ch. 465, § 4, eff from and after passage (approved April 2, 1996).]

Miss. Code Ann. § 51-15-139 Validation of bonds.

All bonds issued pursuant to this article shall be validated as now provided by law of Sections 31-13-1 through 31-13-11, Mississippi Code of 1972. The services of the state’s bond attorney may be employed in the preparation of such bond resolutions, forms, or proceedings as may be necessary, for which he shall be paid a reasonable fee. Such validation proceedings shall be instituted in the chancery court of the county in which the principal office of the district is located, but notice of such validation proceedings shall be published at least two times in a newspaper of general circulation and published in each of the counties comprising the Pat Harrison Waterway District, the first publication of which in each case shall be made at least ten days preceding the date set for the validation.

Miss. Code Ann. § 51-15-141 Trust agreement.

At the discretion of the board of directors of the district any bonds provided for in Section 51-15-131 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this article which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district, including authority to sell or make contracts for the sale of any services, facilities, or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with power to provide for the payment of such bonds outstanding or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. However, the fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.

Miss. Code Ann. § 51-15-143 Refunding bonds.

The board of directors of the district is hereby authorized to provide by resolution for the issuance of refunding bonds of the district for the purpose of refunding any bonds then outstanding and issued under authority of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such refunding bonds, the maturity, and other details thereof, and the rights, duties, and obligations of the board of trustees and of the district in respect to such bonds shall be governed by the provisions of this article, in so far as they are applicable. In no event shall such bonds mature over a period of time exceeding forty years from January 1, 1964.

Miss. Code Ann. § 51-15-145 Bonds to be legal investments.

All bonds of the district are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, and for funds of the Mississippi Public Employees’ Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.

Miss. Code Ann. § 51-15-147 Depository for funds of district.

The board of directors shall designate one or more qualified state depositories within the district to serve as depositories for the funds of the district, and all funds of the district other than funds required by any trust agreement to be deposited, from time to time, with the trustee or any paying agent for outstanding bonds of the district, shall be deposited in such depository or depositories. Any such designated depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for state funds. Before designating a depository or depositories, the board of directors shall issue a notice stating the time and place the board will meet for such purpose and inviting the qualified state depositories in the district to submit applications to be designated depositories. The term of service for depositories shall be prescribed by the board. Such notice shall be published one (1) time in a newspaper or newspapers published in the district and specified by the board. At the time mentioned in the notice, the board shall consider the applications and the management and conditions of the depositories which offer the most favorable terms and conditions for the handling of the funds of the district, and which the board finds have proper management and are in condition to warrant handling of district funds in the manner as provided under the chapter on depositories. Membership on the board of directors of an officer or director of a depository shall not disqualify such depository from being designated as a depository. If no applications acceptable to the board are received by the time stated in the notice, the board shall designate some qualified state depository or depositories within the district upon such terms and conditions as it may find advantageous to the district. Any such designated depository shall be eligible to hold funds of the district to the extent that it is qualified as a depository for state funds.

Miss. Code Ann. § 51-15-149 Agreements relative to federal highways.

The board of directors of the Pat Harrison Waterway District is hereby authorized and empowered to negotiate and contract with the United States of America, or any agency thereof, concerning all lands, easements, and rights of way necessary for the relocation of any federal road, highway, parkway, or for the facilities appurtenant thereto.

Miss. Code Ann. § 51-15-151 Cooperation with other governmental agencies.

The Pat Harrison Waterway District shall have authority to act jointly with political subdivisions of the state and agencies, commissions, and instrumentalities thereof, and with the federal government and other agencies thereof in the performance of the purposes and services authorized in this article, upon such terms as may be agreed upon by the directors. The board of directors of the district shall have the authority to negotiate and contract with the Secretary of the Army under the provisions of Public Law 653, 85th Congress, or other applicable law or regulation written pursuant thereto.

Miss. Code Ann. § 51-15-153 Water management district law controlling.

The provisions of any other law, general, special, or local, except as provided in this article, shall not limit or restrict the powers granted by this article. The water management district herein provided for shall not be subject to regulation or control by the public service commission.

Miss. Code Ann. § 51-15-155 District and its bonds exempt from taxation.

The accomplishment of the purposes stated in this article being for the benefit of the people of this state and for the improvement of their properties and industries, the district in carrying out the purposes of this article will be performing an essential public function and shall not be required to pay any tax or assessment on the projects and related facilities or any part thereof; and the interest on the bonds issued hereunder shall at all times be free from taxation within this state. The state hereby covenants with the holders of any bonds to be issued hereunder that the Pat Harrison Waterway District shall not be required to pay any taxes or assessments imposed by the state or any of its political subdivisions or taxing districts.

Miss. Code Ann. § 51-15-157 Preliminary expenses.

Any municipality or county which is within the territorial limits of the district may advance funds to said district to pay the preliminary expenses, including engineers’ reports, organization, or administration expenses, on such terms of repayment as the governing body of such municipality or county shall determine. Notwithstanding the provisions of any law to the contrary, any such municipality or county is authorized and empowered to borrow money for a period not to exceed one year from the date of such borrowing, for the purpose of making such advances. The board of directors is hereby authorized to repay any such advances from the proceeds of any bonds issued under the provisions of this article.

Miss. Code Ann. § 51-15-158 Budget of estimated expenditures for support, maintenance and operation of district.

On or before the fifteenth day of July of each year, the board of directors of the district shall prepare and file with the clerk of the board of supervisors of each member county at least two (2) copies of a budget of estimated expenditures for the support, maintenance and operation of the district for the fiscal year commencing on July 1 of the succeeding year. Such budget shall be prepared on forms prescribed and provided by the State Auditor and shall contain such information as the State Auditor may require. The board of directors of the district shall notify both the chancery clerk and the president of the board of supervisors of each member county in writing of the date and time when any legislative committee will hold any hearing or vote relating to the budget of the district or any other matter affecting the district. Such notice shall be served both within ten (10) days of the directors’ learning of the date and time of any such action and not less than five (5) days prior to such scheduled action.

Miss. Code Ann. § 51-15-159 Overflow of school lands not to constitute waste.

It is hereby declared as a matter of legislative determination that the overflow and inundation of sixteenth section lands or in lieu lands shall not constitute legal waste of such lands. The district shall pay a reasonable rental for the use of such lands to be overflowed, and the damages thereof shall be determined by the chancery court of the county in which the land is located. Any sixteenth section lands that have been flooded shall be reforested before this project shall ever be abandoned.

Miss. Code Ann. § 51-15-161 Savings clause.

Nothing in this article shall be construed to violate any provisions of the federal or state constitutions, and all acts done under this article shall be done in such manner as will conform thereto, whether herein expressly provided or not. Where any procedure hereunder may be held by any court to be violative of either of such constitutions, the district shall have the power by resolution to provide any alternative procedure conformable with such constitutions. If any provisions of this article shall be invalid, such fact shall not affect the creation of the district or the validity of any other provision of this article.

Miss. Code Ann. § 51-15-163 Renewal of residential lease from district; determination of maximum annual rental; default or breach.

At any time more than fifteen (15) years after the commencement date of any residential lease from the district, the leaseholder shall have the option to renew and extend the lease for a new sixty-year term by giving the district notice of his exercise of this option to renew. At any time after the first fifteen (15) years of the term of any residential lease, the then present lessee may obtain from the district a new sixty-year lease on the terms and conditions contained in the then current lease form approved for use in residential leases with the exception of rent. Rent under such sixty-year leases will be payable on the same annual payment date as rent under the lease being renewed. The maximum annual rental under the new lease will be determined by the district as follows: Renewal of leases with fixed rental (nonescalating).— The district will recompute the annual rental due under the lease being renewed as if the lease had contained annual rents at the fixed amount stated in the lease for the first ten-year period, escalating thereafter at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five-year period. The annual rental which would have been payable as of the renewal date will be the annual rent payable for the first ten-year period of the renewed lease. Annual rental will escalate thereafter at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five (5) years. Recomputed annual rental will be payable from and after the first day of the renewed lease term and not for the period prior to renewal. Renewal of leases with escalating rental.— Annual rental will remain payable in accordance with the terms of the lease being renewed with rental continuing to escalate at ten percent (10%), rounded to the nearest Five Dollars ($5.00), every five (5) years during the renewed term. The district will charge a reasonable nonrefundable fee for preparation of the renewal lease. The lessee will be responsible for obtaining the consent of any mortgage holder to the lease modification. At any time a lessee is found to be in default or in breach of the terms and conditions contained in the lease, the district shall give thirty (30) days’ written notice to such lessee before terminating the lease. Such notice shall be by certified mail and shall specifically state the default or breach. If the lessee does not cure the default or breach within thirty (30) days of such notice, then the district shall give written notice to the holder of any mortgage or deed of trust on the leasehold and such holder shall thereupon have thirty (30) days to cure the default or breach before the lease is terminated.

Miss. Code Ann. § 51-15-165 Renewal of commercial property lease from district; appraisal establishing fair market rental value required.

Any holder of a lease that is not a residential lease subject to Section 51-15-163 shall have the right, exclusive of all other persons, to renew the lease at fair market rental value at any time prior to expiration of the lease. Other than the right of a lessee to renew at fair market rental value, nothing in this section is intended to limit or restrict the right of the district to negotiate terms of any lease in furtherance of any of the purposes authorized by this section and in a manner deemed favorable to the district by the board of directors. Prior to entering into any lease under this section, whether a new or renewal lease, the district shall obtain at least one (1) appraisal from a competent appraiser establishing the fair market rental value of the land, exclusive of improvements made by the leaseholder or any predecessor in title, and, except as otherwise provided in paragraph (b) of this subsection, the land shall not be leased for an amount less than the fair market rental as determined by the appraiser and approved by the board. The district may require such other terms as it deems advisable. The cost of the appraisal shall be paid by the district and may be included in the costs of lease renewal to be reimbursed by the lessee. The lessee may obtain an appraisal from a certified real estate appraiser establishing the fair market rental value of the land. If the fair market rental value of the land established in such appraisal differs from the fair market rental value of the land established in the appraisal obtained by the district, the land shall not be leased for an amount less than the average of the fair market rental value established by the two (2) appraisals. For the purposes of this section, “terms” means rent, rent escalation clauses, rental adjustment periods and method of determination, term of years, permitted use, condition of improvements, removal of improvements, and compliance with district rules and regulations. In the event a lessee has not obtained a new lease pursuant to the provisions of this section, any preemptive right of the lessee to lease the property shall be extinguished upon expiration of the lease, and, at the direction of the district, the lessee shall remove all improvements and other structures on the property immediately upon termination of the lease.