MCA Chapter 33

in effect

Miss. Code Ann. § 65-33-1 Certain counties may erect sea walls and issue bonds.

When any public road, street or highway shall extend along the beach or shore of any body of tidewater, and such road, street, or highway, or any part thereof shall be exposed or subject to, or in danger of, damage by water driven against the shore by storms, the boards of supervisors shall have the power, and it is hereby made their duty, to erect and maintain all necessary seawalls, breakwaters, bulkheads, shore stabilization structures, causeways, bridges, breakwaters, or other necessary structures or improvements connecting the beach or shore of any such bodies of water with islands or other land areas located offshore or connecting therewith, pumped-in sand or earth fills, sloping beaches, topping, road surfacing, road protection pavements, aprons, or other necessary devices to protect and preserve such roads, streets, and highways, or to increase the strength or stability of any existing road protection structures by hard surface aprons or other road protection devices or structures, and for that purpose and for the purpose of constructing or improving such highway, may issue the bonds of the county therefor.

Miss. Code Ann. § 65-33-3 Definitions.

The words “sea wall,” as used in this chapter, shall be held to include filling behind the sea wall, culverts, sluiceways, flood gates, and any other construction work found necessary for the protection of the water front from storms, caving banks, overflow, and other like dangers. The terms “roads, streets, avenues, and highways” as herein used shall include all such roads, streets, avenues, and highways as may form any part of any highway extending along such body of water through or across such county, or any other existing or contemplated public road, street, avenue, or highway connected therewith, extending to or along the side of a harbor or to a boat landing or dock, which, in the discretion of the board of supervisors of such county, is in need of the protection provided in this chapter, whether the same is under the jurisdiction of the national government, the state, the county, or of any municipality.

Miss. Code Ann. § 65-33-5 Preliminary steps to sea wall program.

Prior to the issuance of any bonds hereunder, and precedent to the inauguration of this program, the following steps shall be taken: Any such board of supervisors is authorized to employ competent engineers or technical assistants to make necessary preliminary plans and specifications and estimates of cost of the construction of any causeways or bridges or other structures in connection with any proposed project or projects which the board may deem necessary and proper. After said preliminary plans, specifications and estimates of cost have been approved by said board, the same shall be filed in the office of the chancery clerk of such county; Such board of supervisors shall obtain approval by the proper United States governmental authorities of the building of the proposed project, or projects, with regard to questions of navigation.

Miss. Code Ann. § 65-33-7 Details of revenue bond issue.

Such bonds shall be in the denomination of One Thousand Dollars ($1,000.00) each and shall mature annually, with all maturities not longer than twenty-five (25) years, with not less than one-fiftieth (1/50) of the total issue to mature each year during the first five (5) years of the life of such bonds, not less than one-twenty-fifth (1/25) of the total issue to mature each year during the succeeding ten-year period of the life of such bonds, and the remainder to be divided into approximately equal annual payments, one (1) payment to mature each year for the remaining life of such bonds. Such bonds shall not bear a greater rate of interest than the maximum amount specified in Section 75-17-103 per annum, and the denomination, form, and place or places of payment of such bonds shall be fixed in the resolution or order of the board of supervisors issuing such bonds. Such bonds shall be signed by the president of the board of supervisors and countersigned by the clerk thereof, with the official seal of the county affixed thereto, but the coupons may bear only the facsimile signatures of such president and clerk. No bonds shall be issued and sold under the provisions of Sections 65-33-1 through 65-33-15 for less than par and accrued interest, and not more than one (1) series of interest coupons shall be attached to any bonds issued under the provisions of said sections; but all interest accruing on such bonds so issued shall be payable semiannually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year. Such bonds shall be payable at such place or places as may be designated therein by said board, shall be fully negotiable, and shall be sold pursuant to advertised public sale at not less than par and accrued interest. Such bonds shall not be subject to other restrictions, limitations or provisions of the general laws governing the issuance and sale of bonds by the board of supervisors, and the board of supervisors may sell said bonds at any time within three (3) years after the sale has been approved in an election held for that purpose herein required, or three (3) years after the successful termination of any litigation affecting the same, or three (3) years after the acquisition of all lands in the areas to be developed as hereinafter provided, but not later; however, in no event shall the amount borrowed by any such county after May 4, 1954, exceed the amount of Twelve Million Dollars ($12,000,000.00) under the provisions of this section. Before any bonds shall be issued under the cited sections, the board of supervisors shall adopt a resolution reciting its intention to issue such bonds and stating the amount of bonds proposed to be issued, and shall give notice of election, to be published once each week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county, in accordance with the provisions of Section 19-9-13, except that such election shall be mandatory. Such election shall be held, as far as 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 mark (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 three-fifths (3/5) of the qualified electors who voted in such election voted in favor of the issuance of such bonds; and, unless three-fifths (3/5) of the qualified electors who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued.

Miss. Code Ann. § 65-33-9 Mortgage indenture for additional bonds.

In addition to the bonds authorized under Section 65-33-7, said board shall have the authority, and it is hereby authorized, to issue and sell callable mortgage and revenue bonds in an amount not exceeding four million dollars ($4,000,000.00) to provide additional funds, if found by the board to be necessary for the purposes of Sections 65-33-1 through 65-33-15, which mortgage and revenue bonds shall be secured by a mortgage indenture on any land acquired by the board under the authority of said sections and, in the discretion of the board, by tolls to be fixed and collected by the board for the use of any such bridge or bridges, causeway or causeways, or other structure, and by any other revenue derived from any source under said sections. Such bonds shall be in the denomination of one thousand dollars ($1,000.00) each, all shall mature within twenty-five years from the date of issuance, with such dates of maturity not to exceed twenty-five years as may be fixed in the resolution authorizing their issuance, shall bear interest not to exceed six per cent (6%) per annum to accrue and be payable semiannually, and shall be executed and sold in the manner authorized for the execution and sale of bonds, as provided in Section 65-33-7. To secure the payment of such mortgage and revenue bonds and to fix the rights of the holders thereof, said board may execute a trust indenture constituting a mortgage lien upon any of the lands acquired under the provisions of Sections 65-33-1 through 65-33-15, and which indenture may, in the discretion of the board, pledge and assign any revenues and tolls which the board may fix and collect for the use of any bridge or bridges, causeway or causeways, or other structure financed under the provisions of said sections. Said indenture shall contain such provisions and conditions as the board may find necessary or proper, shall include provisions for insurance of such bridges or causeways against such hazards as the board may deem proper and necessary, and shall fix the terms and conditions for calling said mortgage and revenue bonds for prepayment before their maturities.

Miss. Code Ann. § 65-33-11 Causeway or bridge to island.

In event any such bonds be authorized by said election for the purpose of building or constructing any causeway or bridge to any island or islands, then and in that event, and before any of said bonds shall be sold or delivered, the said board shall take necessary steps to acquire title to all of the land on such island or islands, susceptible of private ownership, not belonging to the United States government or the State of Mississippi (exclusive of any historic fort or fortress belonging to a patriotic association with not exceeding five acres of land surrounding the same); or for binding option or other enforceable legal right to acquire the same at a price satisfactory to the said board. However, no land shall be purchased from any private owner who has acquired title to said land during the last 12 months at a price in excess of the cost to the person acquiring same except by condemnation in a court at law. After the bond election has carried and after options have been obtained and other provisions enforceable at law satisfactory to said board of supervisors have been made for the acquisition of the land as hereinabove provided, it shall be the duty of the board of supervisors to employ a suitable engineer or engineers to make final plans, specifications, and estimates of cost of construction of the additional and supplementary protection for public roads and highways and the building and construction of any causeways, bridges, or other projects authorized by Sections 65-33-1 through 65-33-15. Upon adoption of such plans and specifications and approval thereof by such board, or upon such adoption and approval of any revision thereof which may be made from time to time, said board of supervisors may proceed to sell and deliver said bonds, or so much thereof as may be necessary, and proceed to enter into necessary contracts to the lowest and best bidder, after advertising therefor in the manner by statute provided, and do all other things necessary toward the accomplishment of the work contemplated by such plans and specifications and to acquire in the name of such county such property or rights in property as may be necessary for the construction and execution of such plans and specifications and in compliance with the provisions of said sections relative to the acquisition of title to land on any island or islands. Said board of supervisors shall have the right to acquire by purchase, gift, or eminent domain any land or lands deemed necessary for roads, roadways, parks, recreation projects, seashore parks, or other public grounds approved by such board; no lands so acquired by eminent domain by said board for such public purposes shall be sold. Other lands on such island or islands so acquired by such board may be subdivided into lots, blocks, and building sites and sold, either at public auction, or prices may be placed upon individual lots and placed on sale to the public at such prices and under such terms and conditions as may be fixed by said board.

Miss. Code Ann. § 65-33-13 Payment of bonds and maintenance costs.

It shall be the duty of such board to exercise a continuing supervision over all public lands, works, and road protection. All bonds issued under the provisions of Section 65-33-7 and all obligations and expenses necessarily incurred in connection there with shall be paid out of the funds made available for road protection purposes under this chapter. Any attorneys’ fees paid in connection with or in consideration of the issuance of any bonds under the terms of Sections 65-33-1 through 65-33-15, shall not exceed one half of one per cent of (1/2 of 1%) the total amount of each bond issue. The cost of the maintenance of any such causeway or causeways, bridge or bridges, road and roads shall be defrayed out of funds provided under Section 65-33-47, or general county fund, or from tolls or revenues derived from any bridge or bridges, causeway or causeways, or facilities provided for herein. Said county shall insure the causeway or causeways, bridge or bridges, against such perils as the board may deem proper, such insurance to be written by an insurance company or companies authorized to do business in the State of Mississippi, and the premiums therefor shall be payable out of funds provided under this chapter.

Miss. Code Ann. § 65-33-15 Supplemental powers.

Except as herein to the contrary provided, such counties, acting by and through their respective boards of supervisors in the performance of the powers and duties hereunder granted and provided, shall have and may exercise all powers and rights, including but not limited to the right of eminent domain heretofore granted by and under this chapter. The provisions of Sections 65-33-1 through 65-33-15 are additional and supplemental to all other powers heretofore or hereafter granted to counties, and no county shall be deemed to be required to issue bonds under the provisions hereof. Unless and until a county shall have issued bonds under the provisions hereof, such county shall not be obligated by any of the provisions of said sections, and may avail itself of any law now or hereafter enacted and which may contain other and different provisions concerning the application of the revenues herein referred to.

Miss. Code Ann. § 65-33-17 Federal aid; bonds authorized to match.

The board of supervisors of any county in the State of Mississippi bordering on the Mississippi Sound or Gulf of Mexico, having an assessed valuation of less than five million ($5,000,000.00) dollars according to the last completed assessment, and maintaining a seawall or road protection structure under this chapter, is hereby authorized, in its discretion, and subject to complying with the provisions of Sections 65-33-17 through 65-33-21, to borrow funds not to exceed two hundred thousand ($200,000.00) dollars at a rate of interest not exceeding six (6%) per cent per annum, in addition to such sums as may have heretofore been borrowed, for the purpose of constructing, repairing and maintaining such seawall or road protection structure and/or the public roads of such county, and in its discretion, to expend such funds or any part thereof in conjunction with contributions and allotments of funds, materials or labor for the works progress administration or other governmental department for the aforesaid improvements, or any of them.

Miss. Code Ann. § 65-33-19 Federal aid; notice; election.

The board of supervisors of any such county may, in its discretion, issue and sell the bonds of such county in an amount not exceeding two hundred thousand ($200,000.00) dollars to provide funds for the purposes enumerated in Section 65-33-17. However, such bonds shall not be issued until notice of intention to issue and sell the same shall have been made by publishing such notice in two weekly issues of some newspaper having a general circulation in the county. If, within fifteen days after the first publication of such notice twenty-five per cent of the qualified electors of the county petition the board of supervisors for an election to determine whether or not such bonds shall be issued, an election shall be ordered by said board of supervisors in which all of the qualified electors of the county shall be eligible to participate. If at such election a majority of those voting vote in favor of the issuance of such bonds the same shall be issued as provided by statute. In event a majority of the qualified electors voting vote against the issuance of such bonds the same shall not be issued and no further effort shall be made to issue bonds under Sections 65-33-17 through 65-33-21 by such board for a period of six months after such election. If no such petition be filed with the clerk of such board of supervisors within fifteen days after the first publication of such notice, the board of supervisors shall proceed forthwith to issue and sell such bonds without an election and without further notice.

Miss. Code Ann. § 65-33-21 Federal aid; terms of bonds; payment; debt limit not applicable.

Bonds issued under the provisions of Sections 65-33-17 through 65-33-21 shall be full faith and credit obligations of the county for which the same are issued, shall mature so as to be paid within twenty years from their date of issuance, and shall be paid out of the funds collected under this chapter. All bonds, notes and certificates of indebtedness heretofore issued by such county for seawall and road protection purposes maturing each year and the interest thereon however, shall be first provided for and paid out of said funds. The bonds authorized to be issued under Sections 65-33-17 through 65-33-21 shall not be subject to other limitations, restrictions or provisions of the general laws or laws which may be enacted at the Regular 1940 Session of the Mississippi Legislature governing the borrowing of money, amounts of indebtedness, budget and election, and shall be payable, both as to principal and interest, from the same sources of revenue and taxes made available for the payment of road protection bonds under the provisions of this chapter.

Miss. Code Ann. § 65-33-23 Boards of supervisors may exercise right of eminent domain.

For the purpose of this chapter the several boards of supervisors are hereby clothed with the power and authority, and it is made their duty, to exercise the right of eminent domain in order to procure the right of way for such roads, streets, highways, sea walls, breakwaters, bulkheads, sloping beach, and such other devices as may be adopted for the protection of such highways. They shall have the power to pass all necessary ordinances for the preservation and protection of any such road, sea wall, sloping beach, or other device constructed hereunder, and the violation of such ordinances shall constitute, and be punished as, a misdemeanor.

Miss. Code Ann. § 65-33-25 Machinery and engineer.

The several boards of supervisors shall have the power and authority, for the purpose of constructing, maintaining, and repairing any such sea wall, sloping beach, or other protection, to purchase, maintain, and operate one or more dredges, together with all necessary machinery, tools, and implements for the operation thereof, to employ necessary engineers and laborers to operate the same, and to insure such sea wall, sloping beach, or other protection against loss by hurricanes, tide water, cyclone, tornado, and risks of all kinds; and the board may pay for the same out of any funds available collected and paid into the treasury by virtue of this chapter.

Miss. Code Ann. § 65-33-27 Road protection commission.

Whenever it may be necessary to protect any highway hereunder, the board of supervisors by an order on its minutes shall so declare and shall certify the same to the governor of the state, who shall thereupon appoint five suitable freeholders of the county to constitute, and be known as, the road protection commission of such county, and who shall decide and recommend the kind and character of protection necessary, to be approved by the board of supervisors. When such commission shall have been appointed and shall have organized, said commission shall select and employ a suitable engineer, to be approved by the board of supervisors, to make a survey, plans, specifications, and estimates of costs of construction under the direction of the said road protection commission, to be approved by the board of supervisors. When so approved, the board of supervisors may proceed to issue bonds of the county therefor, and the road protection commission shall thereupon advertise for bids and let a contract or contracts therefor. Such contracts shall be submitted to and approved by the board of supervisors, all contracts under this section to be executed by the board of supervisors. The road protection commission and the board of supervisors are authorized and empowered to do all things and to make all expenditures necessary to carry out the purposes hereof.

Miss. Code Ann. § 65-33-29 Organization and tenure of protection commission.

The road protection commission shall organize by the election of a chairman, and they shall serve without compensation except actual expenses, which shall be allowed by the board of supervisors and paid out of the general county fund or the road fund, as the board of supervisors may elect. Three members shall constitute a quorum to transact business, and all meetings shall be held at the courthouse. Their tenure of office shall be four years or until the work for which bonds are issued is completed and accepted, if less than four years. The clerk of the board of supervisors shall be ex-officio clerk of the road protection commission, shall attend all meetings, and shall preserve a record of all proceedings of said commission.

Miss. Code Ann. § 65-33-31 Damages for land taken.

Whenever it shall become necessary to construct, widen, or protect any highway under the provisions hereof, the road protection commission shall make publication for thirty days in some newspaper published in the county wherein such improvements are made, setting forth the commencement and termination, with a general outline of the nature and extent thereof. When any owner of land or other person shall claim compensation for land taken for such purpose, or for damage sustained by the construction, widening, improvement, or protection of such road or highway, he shall petition the board of supervisors in writing within thirty days after the expiration of the time provided for such publication, setting forth the nature and character of the damages claimed. Thereupon the board shall, on five days’ notice to petitioner, go on the premises and assess the damages sustained by him. The finding of the board shall be in writing, signed by the members agreeing to it, and must be entered on the minutes at the next meeting; but if the damages sustained and claimed be less than the cost of assessing, the board may allow the same without inquiry.

Miss. Code Ann. § 65-33-33 Review by circuit court on appeal.

All proceedings of the board of supervisors and the road protection commission in widening, improving, or protecting any such highway and assessing damages therefor may be reviewed by the circuit court in respect to any matter of law arising on the face of the proceeding. On the question of damages, the case may be tried anew and the damages may be assessed by a jury if the owner of the land so desires. The board of supervisors shall grant appeals for that purpose when prayed for, on appellant giving bond for cost in such penalty as the board may require, not exceeding $200.00, payable to the county.

Miss. Code Ann. § 65-33-35 Preliminary expenses to be paid out of general fund.

All expenses incurred prior to the issuance and sale of bonds as hereinabove provided may be paid out of the general county fund or such other fund as the board of supervisors may select. The fund out of which such expense is paid shall be reimbursed out of the proceeds of such bond issue when the bonds are issued and sold.

Miss. Code Ann. § 65-33-37 Pro rata share of expenses.

The board of supervisors may agree with any municipality or sea wall district that the county be assessed for its pro rata share of the construction and maintenance of sea walls. The assessment shall be paid each year by the county for whatever period agreed upon by the board of supervisors and the sea wall district or municipality. Where any municipality has issued bonds and constructed road protection, such as is contemplated by this chapter, which protection is, or shall become, a part of the general scheme to protect roads, streets, or highways from tidewater in said county, the board of supervisors may use the funds derived under Sections 65-33-47 and 65-33-49 for the payment and retirement of said bonds, or for such portion thereof as the board may deem equitable and just, and to refund upon an equitable and just basis to municipal property owners who have paid direct special improvement taxes to municipalities for sea wall or road protection, which sea wall or road protection is or shall become a part of the general road system of the county; and said payments may be made in yearly installments.

Miss. Code Ann. § 65-33-39 County may borrow money to pay bonds.

When any county of this state has adopted or will adopt any sea wall or part of a sea wall constructed prior to October 31, 1931, by a municipality as a part of its general system as provided by Section 65-33-37, and where said county has been unable to take care of or pay the maturing bonds and interest of said municipality from the gasoline tax as provided by said section, the said county may borrow funds necessary to pay outstanding maturing bonds and interest of the municipality issued for said sea wall, or walls. The said county may borrow said funds either upon certificates of indebtedness, notes, or bonds, as in its judgment it may see fit. Said obligation or bonds shall not be for a period longer than ten years and at a rate of interest not exceeding six per cent. Said obligations or bonds shall not be considered as included in any limitation now fixed by law upon the indebtedness of any county, and said obligations or bonds may be issued without notice and without an election on the question of the issuance of same. The said obligation or bonds issued hereunder shall be general obligations of the county and payable out of the gasoline tax when available, as provided in the cited section, and the general sea wall road protection laws. In the event of the failure of sufficient funds from the said gasoline tax, the county shall levy a special tax to pay said bonds. The board of supervisors issuing bonds hereunder may provide that the first obligations or bonds mature as long as three years from the date of their issuance, but all interest shall be paid semiannually. In the event of the failure to collect sufficient gasoline tax to pay said bonds or obligations authorized hereunder, the board of supervisors of the county are authorized to levy ad valorem taxes to pay same as other sea wall or road protection bonds.

Miss. Code Ann. § 65-33-41 Special tax may be levied.

The board of supervisors of any county may, in its discretion, levy a special tax for sea wall purposes, not to exceed five mills, may issue bonds therefor, or may pay for its pro rata share out of the funds of the county.

Miss. Code Ann. § 65-33-43 Privilege tax on automobile driver may be levied and collected.

In all counties where the bonds of the county are or have been issued under this chapter or any previous statutes of a similar character, the boards of supervisors may levy and collect a privilege tax on each person resident in such county driving an automobile or other motor vehicle on any of the public streets or highways of the county, not exceeding two dollars. The amount of said tax may be varied in case more than one member of a family pays such tax, the funds arising therefrom to be applied in the same manner as funds arising under Sections 65-33-45 through 65-33-49 are applied. The boards of supervisors shall have the power, and it shall be the duty of such boards, to levy annually on all the taxable property in such counties, and to collect a special tax sufficient to cover any deficiency, if such deficiency occur, in the amount necessary to meet annually such interest and sinking fund.

Miss. Code Ann. § 65-33-45 Motor vehicle license taxes used.

Where any county issues or has heretofore issued its bonds under this chapter or any previous statutes of a similar character for protection of any highway, there shall be paid into the treasury of such county fifty per cent (50%) of any license taxes which would otherwise be paid into the state highway fund collected by the state in such county on motor vehicles or drivers thereof, and fifty per cent (50%) of any excise taxes levied and collected in such county by the state on gasoline which would otherwise be paid into the state treasury to the credit of the state highway fund, to meet the interest and annual sinking fund on such bonds. Such funds shall be applied toward the liquidation of the interest and sinking fund accruing annually on such bonds, the other fifty per cent (50%) to go into the state treasury to the credit of the state highway commission, and, if such taxes in any year should be insufficient to cover such interest and sinking fund, the deficiency therein shall be supplied out of any other such funds collected by the state in such county and allotted by law to such county for road purposes. Nothing herein shall be construed as a guarantee on the part of the state to pay the interest or principal on any bonds issued hereunder. This section shall not apply to the tax collected from registration fees and the sale of automobile tags. Of the surplus of such funds so paid into the treasuries of Harrison and Jackson Counties, the portions thereof hereinafter designated, to the extent necessary under the limitations hereinafter stated, shall be paid by Harrison and Jackson Counties to the state highway commission and shall be applied by said commission on the annual payments of principal of and interest on bonds to be issued by the state bond commission in an amount not to exceed seven million dollars ($7,000,000.00), for the construction, by the state highway commission, of a four-lane highway bridge across the Bay of Biloxi, to form a part of United States Highway No. 90, to the extent that two thirds of the total cost of principal and interest on such bonds shall be paid out of such surplus funds of Harrison County, and one third out of such surplus funds of Jackson County. For the purpose of this section, such “surplus funds of Harrison County” shall be construed to be the amount paid to Harrison County under this section not pledged to the payment of principal and interest of bonds issued under this chapter, or any previous statutes of a similar character for the protection of any highway, and presently outstanding. “Surplus funds of Jackson County” shall be construed to be the amount paid to Jackson County under this section not pledged to the payment of principal and interest of bonds issued under this chapter, or any previous statutes of a similar character for the protection of any highway, and presently outstanding, and remaining after payment of principal and interest on bonds now issued or authorized by an election by Jackson County in connection with its Bayou Casotte development project under the authority of Senate Bill No. 1265, Extraordinary Session of 1954, as amended by Senate Bill No. 1624 enacted at the Regular 1958 Session of the Mississippi Legislature. Annually, to the extent necessary to meet the annual requirements for the payment of principal of and interest on said bonds, Harrison County shall pay to the state highway commission not exceeding two thirds of its aforesaid annual surplus, as hereinabove defined; and, to the extent necessary and available, Jackson County shall annually pay to the state highway commission from such surplus funds an amount not exceeding one third of the annual requirements for bonds issued by the state bond commission, and such amounts as may be necessary to satisfy any deficiency in preceding annual payments required to be made under the provisions hereof. Surplus funds remaining to both Harrison and Jackson Counties, after making the payments above directed, may be pledged, used, and expended in whole or part for the payment of the principal of and interest on bonds issued and to be issued under the authority of Sections 59-9-1 through 59-9-83; however, unless and until so pledged all or any part of such surplus now or hereafter accumulated may be transferred by the board of supervisors to a fund designated the county port fund and shall be subject to expenditure by the county port authority or county development commission for the purposes and objects authorized by said sections. All expenditures made by the county port authority or county development commission shall be audited by the county auditor, who shall annually report such expenditures to the board of supervisors.

Miss. Code Ann. § 65-33-47 Sea wall tax authorized.

Where any county issues or has heretofore issued the bonds of the county under this chapter or any previous statutes of a similar character, an excise tax of not exceeding three cents per gallon, in addition to any such tax levied and collected by the state in such counties, for the distribution of gasoline, may be collected by such counties. Such collection shall be made at the time and in the manner provided for the collection of the gasoline tax generally and shall be remitted by the auditor of the county at the same time as is remitted the amount due to the county out of the regular gasoline tax. The additional funds so derived shall be applied first towards any deficiency in the amount collected by the state and paid to such county which may be necessary for the liquidation of the interest accruing on, and to provide a sinking fund for the retirement of, such bonds issued by municipalities for road protection and refunds as hereinbefore provided. Any overplus or parts thereof may be used in the construction of road protection pavements or hard surfaced aprons to any existing road protection heretofore constructed, or to increase the strength or stability of any such existing road protection, or in the construction of additional road protection, or in the repair and maintenance of existing road protection, or road protection hereafter constructed, as the board of supervisors may elect. The taxes hereinabove provided for, upon the faith of which bonds may be issued, shall be levied and collected annually in an amount estimated to be equal to the interest and sinking fund on said bonds and shall not, until said bonds with interest thereon shall have been paid, be lowered beyond that amount which is estimated to be necessary to produce annually a sum sufficient to pay interest and provide a sinking fund, requirements on such bond issue or issues, provided such tax shall not exceed such reasonable sum as may be legally levied and collected; said tax and sinking fund may be used by the board of supervisors to retire bonds issued by municipalities for road protection purposes and refunds as hereinbefore provided. Any such county may exempt from the payment of the additional tax levied on the distribution of gasoline, any and all gasoline which may be consumed by boats engaged in fishing, by boats in commerce between the states or in necessary duties as instrumentalities of the United States government, gasoline purchased for agricultural purposes or domestic purposes, as was defined by Section 12, Chapter 264, Laws of 1946. Such exemption shall be contained in the order of such board of supervisors levying the tax on such gasoline and, when such exemption is granted in such order, then no additional tax shall be required from the person distributing gasoline direct to consumers using same in operating boats for fishing, in commerce, or as instrumentalities of the United States government. When a distributor is entitled to the said exemption, he shall, when reporting and remitting to the auditor for the regular gasoline tax, report also in detail with respect to the distributions exempted from said additional tax in the same manner as is required in the section on exemptions and allowances in the chapter on gasoline taxes.

Miss. Code Ann. § 65-33-49 Extension, construction, and repair.

In those counties operating under this chapter, the board of supervisors may borrow funds not in excess of three hundred fifty thousand dollars ($350,000.00) at a rate of interest not exceeding six per cent. per annum, in addition to such sums as may have heretofore been borrowed, for the purpose of extending, constructing, repairing, or maintaining the road protection of the county or to protect by sea wall or road protection any street, highway, road, or avenue connected therewith extending to or along the side of a harbor or to a boat landing or dock, which, in the judgment of the board of supervisors of such county, should be so protected either for an existing or a contemplated road, street, highway, or avenue. Such board of supervisors shall have authority to acquire by purchase or otherwise a dredge boat and use and operate the same for the purpose of pumping a sand beach adjacent to such sea wall or road protection structure, and to pay for same out of any funds provided under this section or any funds collected under Section 65-33-47. The funds or amount borrowed for the purpose provided for in this section shall be paid within a period of ten years from the date borrowed, and shall be paid out of the funds collected under this chapter. All bonds, notes, or certificates of indebtedness maturing each year and the interest thereon, however, shall be first provided for and paid out of said funds. The loans authorized herein shall not be subject to other limitations, restrictions, or provisions of the general laws governing the borrowing of money, amounts of indebtedness, budget, and election; and said loans may be made by the board of supervisors of such county either by issuance of county bonds, notes, or certificates of indebtedness which shall be full faith and credit obligations of the county issuing the same and shall be payable, both as to principal and interest, from the same sources of revenue and taxes made available for the payment of road protection bonds under the provisions of this chapter. The money herein authorized to be borrowed may be borrowed by such board of supervisors from any person, firm, corporation, governmental lending agency, or from any sinking funds of such county, provided that if the money be borrowed from any sinking fund, it shall be repaid before the sinking fund from which it is borrowed, when supplemented by funds paid into same, is needed. Before the board of supervisors shall borrow money under this section, it shall spread on its minutes an order reciting such intention and shall thereafter publish a copy of such order, in two weekly issues of some newspaper having a general circulation in the county. If, within fifteen days after the first publication of a copy of such order, twenty-five per cent of the qualified electors of the county petition the board of supervisors for an election to determine whether or not the adoption of such order should be annulled, such election shall be ordered by such board of supervisors. If at such election a majority of those voting vote in favor of the adoption of such order, the same shall be valid and effective; but if a majority shall vote against such order, it shall be annulled and shall be ineffective, and no further effort shall be made to borrow funds under this section by such board for a period of six months from the date of such election. If no such petition be presented within fifteen days after the first publication of a copy of such order, such order shall be valid and effective. The amount authorized to be borrowed under this section may be borrowed at any time and in any amount, but the total borrowed shall not exceed three hundred fifty thousand dollars ($350,000.00) in addition to such sums as may heretofore have been borrowed for the purposes herein enumerated, or either of them.

Miss. Code Ann. § 65-33-51 Authority for certain counties to borrow money and to receive federal aid.

In any county maintaining a sea wall or road protection structure under the provisions of this chapter, the board of supervisors may borrow funds not in excess of one million, five hundred thousand dollars ($1,500,000.00), at a rate of interest not exceeding four per cent per annum, in addition to such sums as have heretofore been borrowed for the purpose of constructing, repairing, strengthening, or maintaining the road protection structure or sea wall of the county. Such board of supervisors shall have the authority to acquire by purchase or otherwise a dredge boat and to use and operate it for the purpose of pumping a sand beach adjacent to such sea wall or road protection structure or for the maintenance thereof, and to pay for same out of any funds provided under this section. The funds or amount borrowed for the purposes provided for in this section shall be repaid within a period of fifteen years from the date borrowed, and shall be paid out of the funds collected under this chapter. All bonds, notes, or certificates of indebtedness maturing each year and the interest thereon, however, shall be first provided for and paid out of said funds. The loans authorized herein shall not be subject to other limitations, restrictions, or provisions of the general laws governing the borrowing of money, amounts of indebtedness, budget, and election; and said loans may be made by the board of supervisors of such county either by issuance of county bonds, notes, or certificates of indebtedness which shall be full faith and credit obligations of the county issuing same and shall be payable, both as to principal and interest, from the same sources of revenue and taxes made available for the payment of road protection bonds under the provisions of this chapter. The money herein authorized to be borrowed by such board of supervisors may be borrowed from any person, firm, corporation, governmental lending agency, or from any sinking funds of such county; if the money be borrowed from any sinking fund, it shall be repaid before the sinking fund from which it is borrowed, when supplemented by funds paid into same, is needed. Before the board of supervisors shall borrow money under this section, it shall spread on its minutes an order reciting such intention, and shall thereafter publish a copy of such order in three weekly issues of some newspaper having a general circulation in the county. If, within fifteen days after the first publication of a copy of such order, fifteen per cent of the qualified electors of the county shall file with such board of supervisors a petition in writing requesting an election on the question of borrowing money in the amount and for the purpose as set forth in such order, then such money shall not be borrowed unless authorized by a majority of the qualified voters of such county voting in an election to be ordered by such board of supervisors for that purpose. Notice of such election shall be given and such election shall be held and conducted as provided by law in connection with elections for the submission of bond issues in such county. If such proposition shall fail to receive such majority vote at such election, then no further proceedings for the borrowing of such money 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 such petition shall be assented to by a majority vote, then such board of supervisors shall be authorized to borrow such money in the amount and for the purpose as set forth in such order as published. The amount authorized to be borrowed under this section may be borrowed at any time and in any amount, but the total borrowed shall not exceed one million, five hundred thousand dollars ($1,500,000.00) in addition to such sums as may heretofore have been borrowed for the purposes herein enumerated, or either of them. The board of supervisors is hereby given full power and authority to meet and do and grant any request of the United States Beach Erosion Board of the United States Army Engineers by and under Public Law 727, 79th Congress, Chapter 960, 2nd Session, and to assure either or both the following: Assure maintenance of the sea wall and drainage facilities, and of the beach by artificial replenishment, during the useful life of these works, as may be required to serve their intended purpose; Provide, at the county’s own expense, all necessary land, easements, and rights of way; To hold and save the United States free from all claims for damages that may arise either before, during, or after prosecution of the work; To prevent, by ordinance, any water pollution that would endanger the health of the bathers; To assume perpetual ownership of any beach construction and its administration for public use only, and that the board of supervisors is given full power and authority to do any and all things necessary in and about the repair and reconstruction, or construction or maintenance of the sea wall and sloping beach adjacent thereto; and it is given such power to cooperate with the requirements of the United States government to receive any grant or grants of money from Congress or to contribute any grant or grants to the United States Army Engineers in and about this construction and maintenance and it is further given full power and authority to employ engineers, lawyers, or any other professional or technical help in and about the completion of this project. In the event the county engineer is selected to do any or all of said work, the board of supervisors is hereby authorized to pay and allow him such reasonable fees or salary which, in its opinion, is necessary, just, and commensurate to the work done by him. It is further given full power and authority to let, by competitive bids, any contract for the repair of said wall, or for the installation and drainage, and for the construction of any additional section of wall, together with any artificial beach adjacent to said wall; or it may, in its discretion, negotiate a contract for any and all construction or any part thereof for the construction, repair, reconstruction, or additions thereto; or it may do any or all of said work under the direction of the county engineer or engineers employed by it and for which purpose it may employ all necessary labor and equipment and purchase necessary materials. The intent and purpose of this section is to give unto the respective boards of supervisors the full power and authority to carry out all the provisions herein, and to act independently, jointly, or severally with the United States government by and under Public Law 727, 79th Congress. The provisions of this section shall not apply to any county with an assessed valuation of less than $10,000,000.00.

Miss. Code Ann. § 65-33-53 Additional funds.

In any county maintaining a sea wall or road protection structure under the provisions of this chapter, the board of supervisors may borrow funds not in excess of five hundred thousand dollars ($500,000.00) in addition to the one million five hundred thousand dollars ($1,500,000.00) authorized under Section 65-33-51, at the rate of interest not exceeding four per cent per annum, in addition to such sums as have heretofore been borrowed for the purpose of constructing, repairing, strengthening, or maintaining the road protection structure or sea wall of the county, including the raising of the roadbed as recommended and approved by the Mississippi State Highway Commission, and to construct retaining walls for such raised roadbeds and to pump by hydraulic fill, or otherwise, a sand beach adjacent to such retaining wall or sea wall structure. Such board of supervisors shall have the authority to acquire by purchase or otherwise a dredge boat and to use and operate it for the purpose of pumping a sand beach adjacent to such sea wall or road protection structure or for the maintenance thereof; however, said board of supervisors shall not pay for same out of any funds provided under this section. The funds or amount borrowed for the purposes provided in this section shall be repaid within a period of fifteen years from the date borrowed, and shall be paid out of the funds collected under this chapter. All bonds, notes, or certificates of indebtedness maturing each year and the interest thereon, however, shall be first provided for and paid out of said funds. The loans authorized herein shall not be subject to other limitations, restrictions, or provisions of the general laws governing the borrowing of money, amounts of indebtedness, budget, and election, and said loans may be made by the board of supervisors of such county either by issuance of county bonds, notes, or certificates of indebtedness which shall be full faith and credit obligations of the county issuing same and shall be payable, both as to principal and interest, from the same sources of revenue and taxes made available for the payment of road protection bonds under the provisions of this chapter, which sources of revenue and taxes are irrevocably pledged toward the repayment of any monies borrowed or any bonds issued under the provisions of this section. The money herein authorized to be borrowed by such board of supervisors may be borrowed from any person, firm, corporation, governmental lending agency, or from any sinking funds of such county; if the money be borrowed from any sinking fund, it shall be repaid before the sinking fund from which it is borrowed, when supplemented by funds paid into same, is needed. Before the board of supervisors shall borrow money under this section, it shall spread on its minutes an order reciting such intention and shall thereafter publish a copy of such order in three weekly issues of some newspaper having a general circulation in the county. If, within fifteen days after the first publication of a copy of such order, fifteen per cent of the qualified electors of the county shall file with such board of supervisors a petition in writing requesting an election on the question of borrowing money in the amount and for the purpose as set forth in such order, then such money shall not be borrowed unless authorized by a majority of the qualified voters of such county voting in an election to be ordered by such board of supervisors for that purpose. Notice of such election shall be given and such election shall be held and conducted as provided by law in connection with elections for the submission of bond issues in such county. If such proposition shall fail to receive such majority vote at such election, then no further proceedings for the borrowing of such money 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 such petition shall be assented to by a majority vote, then such board of supervisors shall be authorized to borrow such money in the amount and for the purpose as set forth in such order as published. The amount authorized to be borrowed under this section may be borrowed at any time and in any amount, but the total borrowed shall not exceed five hundred thousand dollars ($500,000.00) in addition to such sums as may heretofore have been borrowed for the purposes herein enumerated, or either of them, and especially in addition to any sums that may have heretofore been borrowed or in addition to any bonds that may have heretofore been issued under authority of Section 65-33-51. Any attorneys’ fees paid for the issuance of said bonds shall be paid out of the general fund of said county. The board of supervisors is hereby given full power and authority to meet and do and grant any request of the United States beach erosion board of the United States army engineers by and under Public Law 727, 79th Congress, Chapter 960, 2nd Session, and to assure either or both the following: Assure maintenance of the sea wall and drainage facilities, and of the beach by artificial replenishment, during the useful life of these works, as may be required to serve their intended purpose; Provide, at the county’s own expense, all necessary land, easements, and rights of way; To hold and save the United States free from all claims for damages that may arise either before, during, or after prosecution of the work; To prevent, by ordinance, any water pollution that would endanger the health of the bathers; To assume perpetual ownership of any beach construction and its administration for public use only, and that the board of supervisors is given full power and authority to do any and all things necessary in and about the repair and reconstruction, or construction or maintenance of the sea wall and sloping beach adjacent thereto, built under the authority of this section, and it is given such power to cooperate with the requirements of the United States government to receive any grant or grants of money from congress or to contribute any grant or grants to the United States army engineers in and about this construction and maintenance, and it is further given full power and authority to employ engineers, lawyers, or any other professional or technical help in and about the completion of this project. In the event the county engineer is selected to do any or all of said work, the board of supervisors is hereby authorized to pay and allow him such reasonable fees or salary which, in its opinion, is necessary, just, and commensurate to work done by him. It is further given full power and authority to let, by competitive bids, any contract for the repair of said wall, or for the installation and drainage, and for the construction of any additional section of wall, together with any artificial beach adjacent to said wall, and for the raising of any roadbeds and the construction of any such retaining wall. The intent and purpose of this section is to give unto the respective boards the full power and authority to carry out all the provisions herein, and to act independently, jointly, or severally with the United States government by and under Public Law 727, 79th Congress. The provisions of this section shall not apply to any county with an assessed valuation of less than ten million dollars ($10,000,000.00).

Miss. Code Ann. § 65-33-55 Additional counties authorized to borrow money and receive federal aid.

In any county maintaining a sea wall or road protection structure under provisions of this chapter and having an assessed valuation of five million dollars or less, the board of supervisors may borrow funds not in excess of four hundred thousand dollars ($400,000.00), at a rate of interest not exceeding five per cent per annum, in addition to such sums as have heretofore been borrowed for the purpose of constructing, repairing, strengthening, or maintaining the road protection structure or sea wall of the county. Such board of supervisors shall have the authority to own a dredge boat and to use and operate it for the purpose of pumping a sand beach adjacent to such sea wall or road protection structure or for the maintenance thereof, and to pay for same out of any funds provided under this section. The funds or amount borrowed for the purposes provided in this section shall be repaid within a period of twenty years from the date borrowed, and shall be paid out of the funds collected under this chapter. All bonds, notes, or certificates of indebtedness maturing each year and the interest thereon, however, shall be first provided for and paid out of said funds. The loans authorized herein shall not be subject to other limitations, restrictions, or provisions of the general laws governing the borrowing of money, amounts of indebtedness, budget, and election; and said loans may be made by the board of supervisors of such county either by issuance of county bond, notes, or certificates of indebtedness which shall be full faith and credit obligations of the county issuing same and shall be payable, both as to principal and interest, from the same sources of revenue and taxes made available for the payment of road protection bonds under the provisions of this chapter. The money herein authorized to be borrowed by such board of supervisors may be borrowed from any person, firm, corporation, governmental lending agency, or from any sinking funds of such county; if the money be borrowed from any sinking fund, it shall be repaid before the sinking fund from which it is borrowed, when supplemented by funds paid into same, is needed. Before the board of supervisors shall borrow money under this section, it shall spread on its minutes an order reciting such intention, and shall call an election and submit the question of issuing bonds under this section to the qualified voters of such county in accordance with the present laws of issuing bonds. If a majority of the qualified electors voting in said election vote to issue said bonds, then the board of supervisors shall proceed to issue so much or such parts of said bonds not to exceed four hundred thousand dollars ($400,000.00). The board of supervisors is given full power and authority to do any and all things necessary in its opinion to obtain funds from the United States government by and under Public Law 727, 79th Congress, Chapter 960, 2nd Session, or under any other law, and in and about the solicitation and preparation of any application; and it may do any and all things necessary in the promotion of obtaining relief under this act of congress for such county, and it is further given authority to assure the United States government, the United States beach erosion board, and the United States army engineers the following: To hold and save the United States free from all claims for damages that may arise either before, during, or after prosecution of the work; To prevent, by ordinance, any water pollution that would endanger the health of the bathers; To assume perpetual ownership of any beach construction and its administration for public use only. The intent and purpose of this section is to give unto the respective boards of supervisors the full power and authority to carry out all of the provisions herein, and to act independently, jointly, or severally with the United States government by and under Public Law 727, 79th Congress, or other laws. Assure maintenance of the sea wall and drainage facilities, and of the beach by artificial replenishment, during the useful life of these works, as may be required to serve their intended purpose; Provide, at the county’s own expense, all necessary land, easements, and rights of way;

Miss. Code Ann. § 65-33-57 New bonds authorized to cancel sinking fund obligations.

In any county wherein a seawall or road protection structure is maintained under the provisions of this chapter, which has invested surplus funds belonging to a road protection bond and interest sinking fund in the purchase of any notes, certificates of indebtedness, bonds, or other interest bearing obligations issued under the authority of Section 65-33-49, or refunding bonds issued or authorized to be issued in lieu thereof, and such notes, bonds, certificates of indebtedness, or refunding bonds are now held by such county for the use and benefit of such fund, and the board of supervisors of such county finds, by order spread upon its minutes, that the needs of such sinking fund demands it, or that it is to the best interest of the county to reduce such obligations so held to cash, such board of supervisors may authorize to be issued and issue and sell new road protection bonds in the aggregate amount of such notes, bonds, or certificates of indebtedness so held and authorized for the purpose of providing funds with which to take up, redeem, and cancel such obligations now held in such sinking fund. Upon the issuance of such road protection bonds, the said bonds, notes, certificates of indebtedness, and refunding bonds issued under authority of said section shall be cancelled.

Miss. Code Ann. § 65-33-59 Terms of new bonds.

Bonds issued under the authority of Sections 65-33-57 and 65-33-59 shall be full faith and credit obligations of the county issuing the same; shall mature within fifteen years of their date of issuance in such annual maturities and denominations as the board of supervisors may direct; shall bear interest at a rate not to exceed five and one half per centum per annum, payable semiannually; may be issued without notice or an election therefor; and shall not be subject to any limitation relative to amount of bonded debt. Such bonds and the interest thereon shall be payable both as to principal and interest from the same sources of revenue and taxes made available for the payment of road protection bonds under the provisions of this chapter. Nothing herein contained shall be construed to affect any of the provisions of House Bill No. 287 [ch. 130] as enacted at the Regular 1938 Session of the Mississippi Legislature.

Miss. Code Ann. § 65-33-61 Refunding bonded indebtedness.

The board of supervisors of any county operating under the provisions of this chapter is hereby authorized to refund any bonded indebtedness of such county now outstanding, payable from the sources of revenue provided by this chapter, and to issue refunding bonds of such county, which shall be secured by and payable from the same sources of revenue as the bonds refunded thereby. The said refunding bonds may be issued by the board of supervisors of such county only after the question of the issue of said refunding bonds shall have been submitted to the qualified electors of such county at an election to be held for that purpose in said county, and only after the said issue has been authorized by a vote of three fifths of the qualified electors voting in an election to be ordered by the board of supervisors for that purpose, whenever any such board of supervisors shall find it necessary or advisable or in the best interest of such county so to do. Such refunding bonds may be issued only to redeem outstanding bonds at maturity, or on any date upon which outstanding bonds may be redeemable, or upon the voluntary surrender of outstanding bonds by the owners thereof. Such refunding bonds may be sold for not less than par and accrued interest, or may be exchanged for bonds to be refunded thereby; however, the issue of such refunding bonds shall be accomplished in such manner as to avoid payment by the county of interest on the refunding bonds and on the bonds refunded thereby for the same period of time.

Miss. Code Ann. § 65-33-63 Refunding bonds; interest; form; maturity.

Such refunding bonds shall bear such rate or rates of interest as may be determined by the board of supervisors, not exceeding, however, three and one-half per centum per annum, payable semiannually; shall be in such denomination or denominations and form as may be determined by the board of supervisors; shall be executed on behalf of the county by the president of the board of supervisors, countersigned by the clerk of such board; and the interest to accrue on such bonds shall be represented by coupons to be attached thereto, which may be executed by the facsimile signatures of such officers. Such refunding bonds shall mature in such amount or amounts and at such time or times, not exceeding twenty-five years from date thereof, as may be specified by the board of supervisors. All such refunding bonds and interest thereon shall be payable at the office of the state treasurer of the State of Mississippi in the city of Jackson, Mississippi, and a certified copy of the proceedings authorizing the issuance of such refunding bonds shall be filed in said office. The bonds issued under the provisions of Sections 65-33-61 through 65-33-71 shall in no way be construed as state obligations or state bonds.

Miss. Code Ann. § 65-33-65 Sinking fund for refunding bonds.

The fact of the issuance and delivery of refunding bonds hereunder shall be certified by the clerk of the board of supervisors to the state Treasurer, who shall immediately register such bonds in a suitable bond register. Thereafter, the revenues and taxes which would otherwise be paid into the county treasury of such county for the payment of road protection and seawall bonds and interest thereon under the provisions of Section 65-33-45, shall be paid by the official collecting such taxes into the state treasury on a proper receive warrant of the state auditor to the credit of such county in a special fund to be designated “interest and sinking fund for road protection and seawall bonds of_______________County, Mississippi,” which fund shall be held and shall be applied by the state treasurer in the payment of interest accruing on such refunding bonds and the principal thereof at maturity, according to law. In the event that less than all of outstanding bonds payable under the provisions of this chapter shall be refunded as herein provided, then and in that event there shall be paid into the state treasury, for the credit of the aforesaid interest and sinking fund, only the proportion of the revenues and taxes as the amount of refunding bonds issued and outstanding bears to the total amount of outstanding bonds payable from the revenues herein referred to.

Miss. Code Ann. § 65-33-67 Tax levy to finance refunding bonds.

The board of supervisors of any county issuing refunding bonds under the provisions of Sections 65-33-61 through 65-33-65, shall levy an annual tax of not less than five mills on each dollar of the assessed valuation of taxable property within such county for the purpose of providing funds sufficient to pay such bonds at maturity and interest thereon as it accrues. The said tax shall be levied and collected as other county taxes are levied and collected, and the proceeds thereof shall be remitted by the county tax collector to the State Treasury at the time when state taxes are required by law to be so remitted. The State Treasurer shall credit the amount to the interest and sinking fund referred to in Section 65-33-65. On or before October 1st in each year, the State Treasurer shall certify to the board of supervisors of each such county the amount standing to the credit of such interest and sinking fund as of September 15th, of that year, and if such amount shall be sufficient (1) to pay all principal of and interest on such bonds then due and owing and (2) all principal of and interest on such refunding bonds maturing and accruing during the period of twelve months running from said September 15th, then and in that event such board of supervisors may reduce the aforesaid taxes or omit the same for the ensuing year, as such board may determine. All funds paid into the State Treasury hereunder shall remain in the State Treasury for the payment of principal and interest on such refunding bonds until all the principal and interest on such refunding bonds shall have been fully paid.

Miss. Code Ann. § 65-33-69 Fees and expenses for refunding bonds.

The board of supervisors shall pay all lawful fees of the chancery clerk and its attorney now prescribed by law, which fees are incidental to the execution of said refunding bonds, and may also pay all expenses in connection with the validation of said refunding bonds and procuring the opinion as to the validity thereof from some expert bond attorney, other than the state bond attorney, of national reputation. However, in cases where the bonds to be refunded are not due or redeemable prior to maturity, such board in procuring the surrender of such outstanding bonds may expend not exceeding an additional two and one-half percent (2 1/2%) of the principal amount of refunding bonds actually issued and delivered, but in no event shall any part of the said two and one-half percent (2 1/2%) be used in the payment of attorney’s fees. All such fees and compensation shall be paid out of the interest and sinking fund applicable to the bonds to be refunded, if the amount credited to such fund be adequate therefor. Otherwise, such fees and compensation shall be paid out of the proceeds of a special annual tax to be levied for that purpose by the board of supervisors upon all taxable property within such county. All expenses as authorized by Sections 65-33-61 through 65-33-71 in effectuating the exchange of said bonds and the actual expense of the state treasurer in paying principal and interest on said bonds shall be paid by the board of supervisors of the county.

Miss. Code Ann. § 65-33-71 Full authority and powers conferred.

The provisions of Sections 65-33-61 through 65-33-71, without reference to any other statute, shall be deemed full and complete authority for the issuance of refunding bonds as therein provided; and all powers necessary to be exercised by the board of supervisors of such counties, in order to carry out the provisions of said sections, are hereby conferred.