Bridges; Boundary and Other Waters

Miss. Code Ann. tit. 65, ch. 23
in effect

Miss. Code Ann. § 65-23-1 Authority to construct and operate.

Any municipality, state highway commission, or county, severally or acting with other authorized agencies in this or adjoining states, may acquire, own, operate, construct, or aid in the construction in whole or in part improving and extending, and maintain toll bridges or free bridges, including the approaches thereto, either within such political subdivision or within five miles adjacent to the territory over which such public agency or subdivision has jurisdiction, which bridges shall extend over any of the rivers and waters in or forming the boundary of this and other states.

Miss. Code Ann. § 65-23-3 Toll bridge revenue bonds.

In order to secure funds or a part of the funds for the purpose of acquiring, constructing, owning, operating, improving, extending, and maintaining toll bridges and approaches thereto, all public agencies named in Section 65-23-1 may issue negotiable toll bridge revenue bonds and sell such bonds to the United States government or any authorized agency thereof or other investor or investors. In the event of the issuance and sale of bonds authorized by this article by a public agency, such agency shall charge a reasonable toll for the use of any such toll bridge, the amount of which toll shall be sufficient to pay the reasonable cost of maintaining, repairing, and operating such bridge and to provide a sinking fund sufficient to amortize and repay any such loan, including interest and financing cost, on such terms and within such period of time as may be agreed upon between the borrower and purchaser of such revenue bonds. Such toll shall be used for no other purpose except for the necessary purpose of maintenance and repair of said bridge; and any public body which shall issue bonds under the provisions of this article is hereby authorized and required to fix a toll schedule, alter and change it, and make all necessary provisions for the payment of principal and interest on any such bonds by the fixing, collecting, segregating, and allocating of the tolls and other revenues received from the operation of such bridge or bridges. Such public agencies enumerated above may execute liens, in proper form, and pledge the revenue derived from the toll of such bridges or such bridge and approaches, or both, which are constructed or acquired with funds borrowed as above to the retirement of such bonds. No revenue bonds or no liens securing such bonds shall be repaid in whole or in part from any funds arising from taxation, nor shall any such bonds or liens given under authority of this article constitute a lien on any other property of such public agency, or a pledge of the credit of such agency, unless specifically so voted by a majority of the qualified electors participating in an election held according to law for the purpose of so authorizing. At such time when all moneys borrowed as aforesaid shall have been repaid, together with interest and charges thereon, no further toll shall be charged for the use of such bridges by the traveling public. Bonds shall have semiannual interest coupons attached; such bonds may be made negotiable, may bear interest not to exceed six and one-half percent (61/2%) per annum, may mature annually or semiannually, and may contain a clause giving to the issuing authority the right to redeem any part of said issue of bonds with or without premium, and if with premium then not to exceed two percent (2%). Such bonds may be sold at such time and in such manner as the issuing authority may determine upon. All of such bonds so issued shall mature not more than thirty years after the issuing date thereof. Such bonds shall be payable at such place or places as may be determined upon by the issuing authority, which place of payment shall appear in said bonds. Any provisions of the general laws to the contrary notwithstanding, any bonds or interest coupons issued pursuant to the authorities of this article shall possess all of the qualities of negotiable instruments. The bonds and interest coupons shall be executed in such manner and shall be substantially in the form prescribed in the authorizing ordinance. In case any of the officers whose signature or signatures appear on the bonds or interest coupons shall cease to be such officers before delivery of such bonds, such signatures or counter-signatures shall nevertheless be valid and sufficient for all purposes, the same as though they had remained in office until such delivery. Such bonds shall be sold in such manner and upon such terms as the governing body of the issuing authority or authorities shall determine; but in no event shall the interest cost to maturity exceed six and one-half percent (61/2%) per annum. If serial bonds, such bonds shall mature annually or semiannually, and the first maturity date thereof shall not be more than five years from the date of such bonds. All bonds, maturing annually or semiannually, with all maturities not longer than twenty-five years, with not less than one-fiftieth of the total issue to mature each year during the first ten years of the life of said bonds, and not less than one-twenty-fifth of said total issue to mature annually during the succeeding ten year period of the life of said bonds, shall have the remainder to be divided into approximately equal payments, one payment to mature during each year, or each half year, for the remaining life of the bonds. The bonds and interest coupons shall be exempt from all state, county, municipal, and other taxation under the laws of the State of Mississippi; and the bridge and approaches shall likewise be exempt from all state, county, municipal, and other taxation under the laws of the State of Mississippi. No bonds issued pursuant to this article shall constitute an indebtedness of a municipality or county or taxing district within the meaning of any statute or charter restriction, limitation, or provision. It shall be plainly stated on the face of each such bond, in substance, that the same has been issued under the provisions of this article, that the taxing power of the municipality issuing the same is not pledged to the payment of such bond or interest thereon, and that such bond and interest thereon are payable solely from the revenues of the system to be acquired or improved, for which such bond is issued, unless, as heretofore set forth, a majority of the qualified electors participating in an election for the purpose of issuing such bonds shall have voted other funds toward payment of such bonds.

Miss. Code Ann. § 65-23-5 Enforcement of payment of bonds.

The holders of any bond or interest coupon issued under the provisions of this article may by suit, action, mandamus, or other proceedings at law or in equity enforce or compel performance by the appropriate official or officials of a municipality or public body of any and all acts and duties to be performed by such public body under the provisions of this article and the ordinance authorizing the issuance of such bonds and interest coupons. If there be any default in the payment of the interest and principal of any of said bonds, any court having jurisdiction in the proper action may, upon petition of the holder of any such bond, appoint a receiver to administer and operate the bridge, with power to fix rates and collect charges sufficient to provide for the payment of all bonds outstanding to the payment of which the revenue of such bridge is pledged, to pay the expenses of operating and maintaining such toll bridge, and to apply the revenues of such toll bridge in conformity with the provisions of this article and the ordinance authorizing the issuance of such bonds.

Miss. Code Ann. § 65-23-7 Power additional to other laws.

The powers conferred by this article shall be in addition to the powers conferred by any other law, general, special or local. This article, without reference to any other statute or to any charter, shall be deemed full authority to purchase, build, improve, own, and operate the revenue producing system by this article authorized; to fix, maintain, and collect toll rates for the facilities afforded by such toll bridge; and to issue and sell bonds by this article authorized; and shall be construed as an additional and alternative method therefor, any provision of the laws of the state or any charter of any municipality to the contrary notwithstanding. Where no funds are pledged as security for bonds to be issued by the municipality or other political subdivision other than the revenues arising from the tolls of the bridge to be purchased, erected, or extended, bonds may be authorized and issued under this article by ordinance incorporating the terms and conditions of said bonds passed by the governing authority of such municipality, county, taxing district, or other political subdivision, which article, resolution, or ordinance shall be spread in full upon the minutes of such political subdivision. It shall not be necessary to submit same to an election of the qualified voters of such political subdivision unless moneys for the payment of such bonds or interest thereon or maintenance of such bridge, or construction thereof, shall be pledged from taxes or other funds other than the revenue alone arising from the tolls collected on such bridge. In such event the proposition for the pledging of such additional funds and the issuance of such bonds shall be submitted for the approval of same to the voters of the municipality or other political subdivision at a special election called therefor according to law, and after a majority of the qualified electors voting at said election have voted in favor of the proposed bond issue. Where bonds have been authorized under this article, it shall not be necessary to make publication of any ordinance, resolution, notice, or proceedings relating thereto.

Miss. Code Ann. § 65-23-9 How municipality, etc., may come under article.

Any municipality or county or political subdivision desiring to come under this article, whether such municipality be a special charter municipality or not, may so do and may own, operate, and maintain such toll bridge wholly within the State of Mississippi or partly within the State of Mississippi and partly within any adjoining state, together with all approaches to and from said bridge. This article shall apply to special charter cities simply by resolution of the governing authority thereof, either through resolution or ordinance, and without amendment to the charter of such municipality.

Miss. Code Ann. § 65-23-11 State Highway Commission may aid.

The Mississippi State Highway Commission may, when in its opinion the best interest of the state requires, contribute such an amount of the cost of the construction of such bridge or bridges as it may determine would be to the best interest of the State of Mississippi when such bridge forms a part of or a continuation of the state highway system, or is so connected with the state highway system through the streets of a municipality leading from the approaches of such bridge to the state highway system, and may incorporate any such toll bridge into the state highway system. Such State Highway Commission may, in whole or in part, maintain such bridge as a part of the state highway system, or may leave the maintenance of such bridge to the municipality or other political body acting jointly with such State Highway Commission in the financing and operation of such bridge. In event that the State Highway Commission shall contribute any sums of money towards the creation or acquisition of such bridge and the approaches thereto, said State Highway Commission may or may not, in its discretion, require the repayment of such funds through tolls collected, together with interest on such moneys so advanced or donated at a rate, to be determined by said State Highway Commission, not to exceed said amount of six and one-half percent (61/2%).

Miss. Code Ann. § 65-23-13 Purchase of land.

The public agencies herein named, either jointly or severally, may acquire by purchase, gift, donation, or by eminent domain all necessary land, rights of way, easements, and supplies for the purpose of acquiring, constructing, owning, operating, improving, extending, and maintaining toll bridges and approaches thereto, acquiring same in such necessary width and length as the governing authority of such political subdivision or subdivisions may determine will be necessary, right, and proper for such bridge purposes. Such public agencies are likewise granted such rights in any adjoining state, provided that such rights do not in anywise conflict with the laws of such adjoining state.

Miss. Code Ann. § 65-23-15 Collection of tolls.

Nothing in this article shall authorize or permit the collection of tolls on any bridge heretofore made toll-free or on any existing bridge on which tolls are not at present collected.

Miss. Code Ann. § 65-23-17 Political authority of adjoining state.

Any municipality, county, parish, highway commission, or other political authority in an adjoining state which has been properly authorized by the laws of that state and the United States may exercise in the State of Mississippi any and all the powers granted in this article to municipalities and other public bodies in Mississippi, subject to the conditions and requirements of this article. In event that the powers granted under this article are exercised solely by a municipality or county, then same shall be exercised by the governing authority of such municipality or county; and in the event that same are exercised jointly, then same shall be exercised jointly by the governing authorities of such political subdivisions.

Miss. Code Ann. § 65-23-19 Federal aid.

Any municipality or public authority hereinabove set forth, either jointly or severally, may enter into contracts with the United States of America, or any agency thereof, under the provisions of the National Industrial Recovery Act and the regulations made in pursuance thereof, and under any further acts of Congress of the United States to encourage public works, for the sale of bonds issued in accordance with the provisions of this article, or for the acceptance of a grant to aid such municipality or other public authority to acquire, build, or improve any toll bridge, or to enter into contracts with any person or corporation, public or private, for the sale of such bonds. Such contracts may contain such terms and conditions as may be agreed upon by and between the municipality, or other public authority, and the United States of America, any agency thereof, or any purchaser of such bonds. This and all other provisions of this article shall apply to code municipalities of the State of Mississippi or special charter cities of the State of Mississippi alike. In event of special charter cities of the State of Mississippi, no amendment to the charter of such municipality shall be necessary in order for such municipality to have advantage of this article, but such municipality shall have such advantage by simply spreading upon the minutes of its governing board of authority by resolution or ordinance the fact that same desires to come under the provisions of this article, in which event such municipality or any other political authority of the State of Mississippi hereinabove named shall have full power to adopt such ordinance and resolution and to do all things and perform all acts necessary or right or desirable to effectuate the full intent and purpose of this article.

Miss. Code Ann. § 65-23-21 Article liberally construed.

This article, being necessary for and to secure the public health, safety, convenience, and welfare of municipalities, counties, and other political agencies of the State of Mississippi, shall be liberally construed to effect the purposes hereof.

Miss. Code Ann. § 65-23-101 Repealed.

Repealed by Laws of 2007, ch. 582, § 25, eff July 18, 2007 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the repeal of these sections). § 65-23-101 . [Codes, 1942, § 8447-01; Laws, 1950, ch. 406, § 1. § 65-23-103 . [Codes, 1942, § 8447-02; Laws, 1950, ch. 406, § 2.] § 65-23-105 . [Codes, 1942, § 8447-03; Laws, 1950, ch. 406, § 3, ch. 396.] § 65-23-107 . [Codes, 1942, § 8447-04; Laws, 1950, ch. 406, § 4.] § 65-23-109 . [Codes, 1942, § 8447-05; Laws, 1950, ch. 406, § 5.] § 65-23-111 . [Codes, 1942, § 8447-06; Laws, 1950, ch. 406, § 6.] § 65-23-113 . [Codes, 1942, § 8447-07; Laws, 1950, ch. 406, § 7. § 65-23-115 . [Codes, 1942, § 8447-08; Laws, 1950, ch. 406, § 8.] § 65-23-117 . [Codes, 1942, § 8447-09; Laws, 1950, ch. 406, § 9.] § 65-23-119 . [Codes, 1942, § 8447-10; Laws, 1950, ch. 406, § 10.] § 65-23-121 . [Codes, 1942, § 8447-12; Laws, 1952, ch. 295.] Editor’s Notes — On July 18, 2007, the United States Attorney General interposed no objection to the repeal of these sections by Laws of 2007, ch. 582. Former §§ 65-23-101 through 65-23-121 authorized the Department of Transportation to construct toll bridges across bays and rivers of the Gulf of Mexico. JUDICIAL DECISIONS 1. In general. Where the state gave the riparian owners bordering on Gulf of Mexico, Mississippi Sound and waters tributary thereto, license or the privilege to plant and gather oysters and to build bathhouses and other structures, the privilege or license was subject to superior right of the state to impose an additional public use upon such property already set aside for public purpose without requiring the payment of compensation for it. Crary v. State Highway Com., 219 Miss. 284, 68 So. 2d 468, 1953 Miss. LEXIS 389 (Miss. 1953). Where state constructed a bridge across the bay of St. Louis, which bridge was partly across area of riparian owners who had been granted the privilege and license of planting and gathering oysters and erecting bathhouses and other structures, the state by building this bridge exercised its power to impose an additional public use upon a property which was already set aside for public purposes and the exercise of this power was not taking of property for which compensation must be made. Crary v. State Highway Com., 219 Miss. 284, 68 So. 2d 468, 1953 Miss. LEXIS 389 (Miss. 1953). RESEARCH REFERENCES Am. Jur. 39 Am. Jur. 2d, Highways, Streets, and Bridges §§ 46-48. 9 Am. Jur. Pl & Pr Forms (Rev), Eminent Domain, Form 31.1 (Complaint, petition, or declaration-For condemnation-By state agency-For state transportation facility). CJS. 11 C.J.S., Bridges §§ 6 et seq.

Miss. Code Ann. § 65-23-201 Creation of interstate bridge districts on petition.

When fifty or more owners of real property within a proposed district shall file a petition with the chancery court of the county in which the largest portion of the lands of the proposed district are situated, seeking to establish a bridge district for the purpose of constructing, maintaining, and operating an interstate bridge and the approaches thereto embracing their property, said petition shall describe the region or area to be embraced within said district and describe generally the location of said bridge, the proposed plan of financing the construction, maintenance, and operation of said bridge, together with a general idea of its character and expenses, accompanied by a certificate or resolution from the Mississippi State Highway Commission showing the need and necessity for the construction of such bridge; then it shall be the duty of the clerk of the chancery court to enter upon its records an evidence of having filed the petition. After having filed said petition, said property owners or their representatives shall apply to the chancellor in vacation or term time for an order fixing a day and date for a hearing on said petition to determine whether or not the petition should be granted or denied. The chancery clerk, after having received the order fixing a day and date for such hearing, shall thereupon give notice by publication once each week for three consecutive weeks in some newspaper published and having a general circulation in the county or counties within which the lands of the proposed district are situated, notifying all persons owning property therein to appear before the chancery court on the day and date fixed by said court to show cause in favor of or against the establishment of said district. At the time named in said notice, the chancery court shall meet and hear all property owners within the proposed district who wish to appear for or against the establishment of the district. If it is deemed to the best interest of the owners of real property within said district that the same shall be created under the provisions of this article the court shall enter an order establishing the district as an interstate bridge district, which shall be subject to all of the terms and provisions of this article. Any landowner feeling aggrieved by the order of the court shall have the right of appeal within thirty days from the date the order was entered, and such appeal may be prosecuted in the manner now provided by law.

Miss. Code Ann. § 65-23-203 Hearing on petitions of property owners.

If, upon the hearing provided in Section 65-23-201, petitions are presented to the chancery court signed by property owners within the proposed district who own a majority of the real property in said district as determined by the value thereof, praying that the improvement be made, it shall be the duty of the chancery court to make an order establishing the district without further inquiry; however, this shall not preclude the rights of appeal hereinabove provided. If no such petitions are filed in the chancery court, then the question of whether such improvement be made shall be submitted to a special election held for the purpose. If a majority of those voting in said election approve the improvement, then upon proper certification thereof the matter may be submitted to the chancery court, and the court shall proceed to investigate the matters relevantly before the court. If it is the opinion of the court that such district should be formed, an order may be entered to that effect. The petitions of the property owners in this section referred to may be signed by any person, firm, or corporation owning real property therein; and guardians may sign for their wards, and fiduciaries may sign for the property they represent.

Miss. Code Ann. § 65-23-205 Appointment of commissioners.

When the chancery court has established a bridge district as hereinabove provided, it shall appoint five owners of real property residing within the district to act as commissioners. Each commissioner shall take the oath of office required by Section 268 of the Constitution of Mississippi, and shall also swear that he will not directly or indirectly be interested in any contract made by the board of commissioners and that he will well and truly assess all benefits resulting from said improvement. No commissioner shall be eligible to discharge the duties of his office until the oath herein required has been taken.

Miss. Code Ann. § 65-23-207 Compensation of commissioners.

The commissioners hereinabove provided shall receive the sum of Ten Dollars ($10.00) per day for each day, or major fraction thereof, in which they are called upon to attend the meetings of the board, together with necessary travel expenses not to exceed Six Cents (6¢) per mile for miles actually travelled while engaged in the business of their office.

Miss. Code Ann. § 65-23-209 Employees.

The board of commissioners shall have the power to employ engineers, attorneys, auditors, manager or superintendent, and such other employees as may be necessary for the orderly function of such district, and to fix their respective compensation.

Miss. Code Ann. § 65-23-211 Plans.

As soon as the board of commissioners shall have formed plans for such bridge and the approaches thereto and shall have ascertained the cost thereof, it shall file the same with the chancery clerk of each county having territory in said district. The plans shall be accompanied by a map showing the location of the bridge and approaches thereto, together with specifications describing the construction and character of the improvement to be made.

Miss. Code Ann. § 65-23-213 Assessment of benefits.

The board of commissioners shall proceed to assess the lands within the district, shall inscribe in a book the description of each tract, piece, and parcel of land, shall assess the benefits to accrue to each tract, piece, and parcel of land by reason of such improvement, and shall enter such assessment of the benefits to be derived opposite the description thereof. The assessment shall embrace not merely the lands but all public and corporate roads, railroads, tramroads, and other improvements on the land that will be benefited by the improvement. They shall place opposite each tract, piece, and parcel of land the supposed name of the owner, as shown by the last general assessment of lands within the county; but a mistake in name shall not vitiate or invalidate the assessment, and they may correct evident errors which occur in the assessment list.

Miss. Code Ann. § 65-23-215 Hearing to make assessment of benefits final.

When the assessment of benefits is completed the board of commissioners shall subscribe such assessment and file it with the chancery clerk of the county wherein the land is situated, where it may be preserved and kept as a public record. Upon the filing of said assessment of benefits, the chancery clerk of such county shall give notice of such filing by publication once each week for three consecutive weeks in some newspaper having general circulation in the county or counties in which the lands of the district are situated. Said notice shall include a day, not less than thirty days from the date of filing the assessment and not more than forty-five days from the date of filing the assessment, at which time property owners may appear and file objections to such assessment. The board of commissioners shall meet on the date set out in such notice, to hear such objections and to make such corrections and adjustments as may be proper in the case, and shall equalize the assessments according to the benefits to be derived from the special improvement herein provided. After having heard the objections and equalized the assessments, the board of commissioners shall enter its order making such assessments final. Any property owner within the district who feels aggrieved by the order making the assessment final shall have the right, within ten days after said order has been entered, to appeal the assessment to the chancery court of the county in which such property is situated. The appeal from the assessment may be heard by the chancellor in term time or in vacation, and after hearing thereof the chancellor shall enter such order as may be proper in the case. Appeals may be taken from the final order of the chancellor within the time and in the manner now provided by law for appeals from any decree of the court. When the assessment of benefits has been made final and filed as hereinabove provided, the property owner shall have the right to pay such assessment of benefits in full at any time within sixty days after it became final; but if he does not avail himself of this privilege, the assessment of benefits shall bear interest at the rate of six percent (6%) per annum.

Miss. Code Ann. § 65-23-217 Tax levy.

After the board of commissioners has completed the assessment as hereinabove provided, it shall have the authority and is hereby directed to levy a tax upon the taxable property of the district, as it may consider necessary to be levied to pay the preliminary expenses of said district. When the rate of taxation is determined by the commissioners, it shall be filed with the tax collector of the county wherein such property is situated, together with a copy of the assessment hereinabove required, which shall be a warrant for the collection of such taxes. The taxes herein levied shall be collected by the tax collector of the county, along with other taxes of the county. For collecting such taxes, the tax collector shall receive the same compensation as is provided by law for the collection of state and county taxes, and the taxes so collected shall be paid over by the tax collector to the board of commissioners of the district at the same time he is required to make settlement with the county for general taxes. All taxes levied under the provisions of this article shall be payable at the same time and in the same manner as state and county taxes and, upon default, the tax collector shall certify such delinquent taxes to the board of commissioners and shall also file a copy of such delinquent taxes with the clerk of the chancery court, as is now required to be filed for other delinquent taxes. The board of commissioners shall have the same authority and it is hereby required to enforce the collection of delinquent taxes, penalties, and costs by proceeding in the chancery court of the county in which the lands are situated, and may have the lands subject to such tax sold by order of the chancery court.

Miss. Code Ann. § 65-23-219 Deficiency tax levy.

If the tax first levied shall prove insufficient to complete the improvement or to pay the bonds, both principal and interest, issued by the board of commissioners for such improvement, as the same shall become due and payable, the board of commissioners shall, from time to time, report the amount of the deficiency to the chancery court; and said commissioners shall make such levy or levies upon the property previously assessed for a sum or sums sufficient to complete the improvement and to pay the bonds and interest in the manner as the first levy above provided.

Miss. Code Ann. § 65-23-221 Bond issue.

In order to carry out the purposes for which the district is organized and created, the board of commissioners may borrow money at a rate of interest not exceeding six percent (6%) per annum and issue negotiable notes or bonds therefor, signed by the chairman or vice-chairman and the secretary, when authorized by the commissioners, and may pledge all assessments of benefits for the repayment thereof. No bonds issued under the terms of this article shall run for more than thirty years, and all issues of such bonds must be divided so that a portion thereof will mature each year, as other general obligation bonds are now required to be issued.

Miss. Code Ann. § 65-23-223 Lien of bonds.

All bonds issued by the board of commissioners shall be secured by liens on all lands, railroads, and tramroads in the district. The board of commissioners shall be required to levy a tax annually and to collect same under the provisions of this article so long as it is necessary and required to pay any bonds or obligations issued under the authority herein granted. The making of such levy of tax on the assessment of benefits and collection thereof may be enforced by proper proceedings in court.

Miss. Code Ann. § 65-23-225 Tolls.

The board of commissioners herein created are hereby granted the right and power to construct, operate, and maintain said bridge as a toll bridge, and shall have the power to fix and determine, subject to the terms and provisions of the General Bridge Authority Act of Congress, approved August 2, 1946, and any laws amendatory thereof, the tolls to be charged for transit over such bridge for motor-propelled vehicles, wagons, carriages, animals, foot passengers, pipe line or lines, or other persons, firms, or corporations using such bridge; and the rates so prescribed shall be the legal rates demanded and received for such transit. The rates for such tolls may be increased or decreased from time to time by the board of commissioners, subject, however, to the terms and provisions of the above-mentioned act of Congress. The board of commissioners shall make an annual report of all tolls collected to a trustee or trustees representing the bond holders and to the Mississippi State Highway Commission, and one copy of said report shall be filed with the clerk of the chancery court of the county in which the bridge is located. When the bonded indebtedness and all claims and liability have been fully paid and discharged, said bridge shall become a free bridge. The board of commissioners shall thereupon convey all its right, title, and interest in said bridge to the Mississippi State Highway Commission, and said commission shall maintain and operate said bridge as a part of its highway system without cost to the individual user thereof. The tolls so charged and collected for the use of such bridge shall be used as follows: To the payment of the reasonable cost of maintaining, repairing, and operating the bridge and approaches thereto, under economical management; To the payment of the principal and interest on the bonded indebtedness; and The balance, if any, to be placed in an interest and sinking fund to be used for future maintenance and operations and the retirement of the bonded indebtedness.

Miss. Code Ann. § 65-23-227 Contract powers of commissioners.

For the purpose of carrying into effect the objects and purposes of this article the board of commissioners shall have full power and authority to negotiate and enter into contract or contracts with the federal government or any of its agencies, the Mississippi State Highway Commission, the state highway commission of any adjoining state where said bridge may be located, any counties, cities, or town of the State of Mississippi or of any adjoining state whereby the district may receive financial aid in the construction, maintenance, and operation of said bridge and approaches thereto; to contract for the joint ownership thereof and the means and manner of operating and maintaining said bridge and approaches thereto. The powers herein granted to the board of commissioners shall have broad and liberal construction for the purpose of carrying out the provisions of this article.

Miss. Code Ann. § 65-23-229 Acquisition and holding of real estate; eminent domain.

The board of commissioners, acting for and in behalf of the district, shall have the right, power, and authority to purchase, hold, and possess such real estate as may be necessary for the purposes for which the district was organized and, in addition thereto, the district organized hereunder shall have the right of eminent domain. If condemnation proceedings become necessary, such proceedings shall be instituted and conducted in the manner as is now provided by law for such condemnation proceedings.

Miss. Code Ann. § 65-23-303 Legislative determination.

It is hereby declared, as a matter of legislative determination, that the construction, operation, and maintenance of additional bridges and adjacent roadways across the flood plain of, and across, the Pearl River will promote the economic development of the state and will promote the general welfare of the entire people of the state.

Miss. Code Ann. § 65-23-305 Construction by certain counties authorized.

Any county of this state bordering on the Pearl River is hereby authorized and empowered, separately or jointly, with any other county of the state bordering on the Pearl River: To plan, construct, operate, and maintain a toll bridge or bridges and adjacent roadways across the flood plain of, and over and across, the Pearl River. To issue bridge revenue bonds of such county or counties, payable from bridge earnings, to pay the cost of such bridges. However, no bonds or liens given under authority of this article shall constitute a lien on any property of such county or counties other than the bridge or bridges constructed under this article, or a pledge of the revenues therefrom. In the event two counties, acting jointly, exercise the powers conferred by this article, all acts shall be authorized by the governing body of each county, and in such event any revenue bonds issued shall be bonds of both of said counties. To enter into contracts and/or agreements with any federal agencies, public agencies, or political subdivisions of any kind, including municipalities, corporations, districts, or others, for any financing, construction, operation, or maintenance requirements.

Miss. Code Ann. § 65-23-307 Definitions.

As used in this article, the following words and terms shall have the following meanings: The word “bridge” shall be deemed to include the structure and the superstructure of the bridge, the approaches thereto, and adjacent roadways across the flood plain of the Pearl River and also all property, rights, easements, and franchises relating thereto and deemed necessary or convenient for the operation thereof. The term “governing body” shall mean the board of supervisors of a county or counties. The term “cost of bridge,” as applied to a bridge to be constructed pursuant to the provisions hereof, shall embrace the cost of construction, the cost of all land, property, rights, easements, and franchises acquired, which are deemed necessary for such construction, financing charges, interest prior to and during construction and for eighteen months after acceptance of the completed work by the governing body of such county or counties, cost of traffic estimates and of engineering and of legal expenses, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized and the construction of the bridge and the placing of the bridge in operation.

Miss. Code Ann. § 65-23-309 Acquisition of rights of way.

Any such county acting separately or jointly with another county is hereby authorized and empowered to construct, whenever it shall deem such construction expedient, any toll bridge located as provided in Section 65-23-305. Authority is hereby granted to any such county or counties to purchase, solely from funds provided under the authority of this article, such lands, rights of way, easements, and other interests in lands, including lands under water and riparian rights of any person, copartnership, association, railroad or other corporation, municipality, or political subdivision, deemed necessary for the construction of any such bridge, upon such terms and at such prices as may be considered by it or them to be reasonable and can be agreed upon between it or them and the owner thereof, and to take title thereto in the name of such county or counties. Any such county or counties may acquire such lands, rights of way, easements, and other interest in land by eminent domain in the manner now provided by law. The State of Mississippi hereby consents to the use of all lands lying under water, which are within the state and are necessary for the construction and operation of any such bridge and the approaches and appurtenances thereto.

Miss. Code Ann. § 65-23-311 Issuance of bonds authorized.

The governing body of any such county is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of bridge revenue bonds of such county, if acting separately, and of such counties, if acting jointly, for the purpose of paying the cost, as hereinabove defined, of any one or more of such bridges, which resolution shall recite an estimate of such cost. The principal and interest of such bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six percent (6%) per annum, payable semiannually, shall mature at such time or times, not exceeding forty (40) years from their date or dates, as may be determined by the governing body of such county or counties, and may be made redeemable before maturity, at the option of the county or counties, at such price or prices and under such terms and conditions as may be fixed by the governing body of such county or counties prior to the issuance of the bonds. The principal and interest of such bonds may be made payable in any lawful medium. The governing body of such county or counties shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds and any interest coupons attached thereto shall be executed in such manner as shall be determined by the governing body of the county or counties. In case any officer whose signature shall appear on the bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All bridge revenue bonds issued under the provisions of this article are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the state. Provision may be made for the registration of any of the bonds in the name of the owner as to principal alone, in the manner now provided by law for the registration of bonds issued by a county. The governing body of such county or counties may sell such bonds at public or private sale in such manner and for such price as it or they may determine to be for the best interest of such county or counties, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six percent (6%) per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values. The proceeds of such bonds shall be used solely for the payment of the cost of the bridge or bridges, and shall be disbursed under such restrictions, if any, as the governing body of such county or counties thereof may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the bridge or bridges, additional bonds may in like manner be issued to provide the amount of such deficit, and unless otherwise provided in the trust indenture hereinafter mentioned, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same bridge or bridges. If the proceeds of bonds issued for any bridge or bridges shall exceed the cost thereof, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, such county or counties may, under like restrictions, issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The governing body of any such county or counties may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such bridge revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this article. The powers conferred by this article shall be in addition to the power conferred by any other law, general, special, or local, and this article, without reference to any other statute, shall be deemed full authority for the purpose hereof. In the discretion of the governing body of any such county or counties, bridge revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more bridges.

Miss. Code Ann. § 65-23-313 Application of bond proceeds.

All moneys received from any bridge revenue bond issued pursuant to this article shall be applied solely to the payment of the cost of the bridge or bridges, or to the appurtenant sinking fund, and there is hereby created and granted a lien upon such moneys until so applied, in favor of the holders of such bonds or the trustee hereinafter provided in respect of such bonds.

Miss. Code Ann. § 65-23-315 Trust indenture authorized.

In the discretion of the governing body of any such county or counties issuing bonds under the provisions of this article, each or any issue of such bonds may be secured by a trust indenture by and between such county or counties and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Said trust indenture may, in the discretion of the governing body, convey or mortgage the revenues, the bridge, or any part thereof. Either the resolution providing for the issuance of bridge revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of such county or counties and the governing body thereof in relation to the construction, maintenance, operation, repair, and insurance of the bridges, and the custody, safeguarding, and application of all moneys; and it may also provide that the bridge or bridges shall be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the governing body of such county or counties and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues of the bridges or other moneys pertaining thereto be satisfactory to such purchasers. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or to pledge such securities as may be required by the governing body of such county or counties. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. Except as in this article otherwise provided, the governing body of such county or counties may provide, by resolution or by such trust indenture, for the payment of the proceeds of the sale of the bonds and the revenues of the bridges to such officer, board, or depository as it may determine for the custody thereof, and for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the bridge or bridges affected by such indenture.

Miss. Code Ann. § 65-23-317 Application of tolls and charges.

The governing body of any such county or counties issuing bonds under the provisions of this article is hereby authorized to fix and to revise from time to time tolls for transit over such bridges, to charge and collect the same, and to contract with any person, partnership, association, or corporation desiring the use of any bridge, its approaches, appurtenances, or any part thereof for placing thereon water, gas, oil pipelines, telephone, telegraph, electric light or power lines, railroad or street railway tracks, or for any other purpose, and to fix the terms, conditions, rates, and charges for such use. Such tolls shall be so fixed and adjusted, in respect of the aggregate of tolls from the bridge or bridges for which a single issue of bonds is issued, as to provide a fund sufficient with other revenues of the bridge or bridges, if any, to pay (a) the cost of maintaining, repairing, operating such bridge or bridges, and collecting tolls, and (b) the bonds and the interest thereon as the same become due. Such tolls shall not be subject to supervision or regulation by any state commission, board, bureau, or agency, except such bureau or agency that might participate in the financing of the cost of any such bridge. The tolls from the bridge or bridges for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing, and operating the bridge or bridges and to provide such reserves therefor as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture, in a sinking fund which is hereby pledged to, and charged with, the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary fiscal agency charges for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as herein provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of bonds, or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of bonds or of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year’s interest on all bonds then outstanding may be applied to the purchase or redemption of bonds. All bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

Miss. Code Ann. § 65-23-319 Bridges toll-free after bonds retired.

When the particular bonds issued for any bridge or bridges and the interest thereon shall have been paid, or a sufficient amount shall have been provided for their payment and shall continue to be held for that purpose, the county or counties issuing such bonds shall cease to charge tolls for the use of such bridge or bridges; and thereafter such bridge or bridges shall be free.

Miss. Code Ann. § 65-23-321 Enforcement of bondholders’ rights.

Any holder of any bonds issued under the provisions of this article or of any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this article or by such resolution or trust indenture, to be performed by the county or counties, its or their governing body, including the fixing, charging, and collecting of tolls for transit over such bridges.

Miss. Code Ann. § 65-23-323 Grants and preliminary loans.

Any county or counties, acting pursuant to the terms of this article, in addition to the revenues which may be received from the sale of bridge revenue bonds and from the collection of tolls and other bridge revenues derived under the provisions of this article, shall have authority to receive and accept from any federal agency, or state, or state agency, or other political subdivisions, loans or grants for or in the aid of the construction or acquisition of any bridge, and to receive and accept contributions from any source of either money or property or other things of value, to be held, used, and applied only for the purpose for which such grants and contributions may be made. Authority is hereby granted to any such county or counties to secure loans to finance planning of the bridges herein authorized from any governmental agency, repayable solely from the sale of said revenue bonds.

Miss. Code Ann. § 65-23-325 Powers and duties of governing bodies of counties issuing bonds.

The governing body of any county or counties issuing its or their bonds under the provisions of this article shall have power to make and enter into all contracts or agreements necessary or incidental to the execution of its powers under this article, may employ engineering and construction experts, inspectors, attorneys, and such other employees as may be deemed necessary, and may fix their compensation. All such compensation and all expenses incurred in carrying out the provisions of this article shall be paid solely from funds provided under the authority of this article, and no liability or obligation shall be incurred hereunder beyond the extent to which money shall have been provided under the authority of this article. All public or private property damaged or destroyed in carrying out the powers granted under this article shall be restored or repaired and placed in its original condition, as nearly as practicable, or adequate compensation made therefor out of funds provided by this article. The powers and duties of counties and the governing bodies thereof hereinabove enumerated in this article shall not be construed as a limitation on the general powers or duties of such counties or the governing bodies thereof. It shall be the duty of the governing body of any county or counties issuing its bonds pursuant to the provisions of this article, in addition to the powers and duties enumerated in this article, to do and perform any and all things and acts necessary in the construction, maintenance, and operation of any bridge to be constructed under the provisions of this article, to the end that such bridge or bridges may become and be operated free of tolls as early as possible and practicable, subject only to the express limitations of this article and the limitations of the other laws and constitutional provisions applicable thereto.

Miss. Code Ann. § 65-23-327 Tax exemption.

The exercise of the powers conferred by this article constitute the performance of essential governmental functions, and as bridges which are owned and operated by counties constitute public property used for public purposes, such bridges shall at all times be free from taxation within the state. No county shall be required to pay taxes or assessments upon any such bridge or any part thereof owned by it, and bonds issued under the provisions of this article, their transfer, and the income therefrom shall at all times be free from taxation within the state.

Miss. Code Ann. § 65-23-329 Construction and operation of article.

This article, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. But this article shall not be construed to repeal the laws under which any bridge has heretofore been constructed or operated by any county of the state and, as to such counties, the present laws shall remain in force and effect.

Miss. Code Ann. § 65-23-331 Bonds not limited by issuing county’s valuation of taxable property.

Such bonds may be issued for the purpose stated above and, regardless of the amount thereof, same shall not be subject to the limitations as to amount of bonded debt based upon amount of the assessed value of taxable property in a county.

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