MCA Chapter 24

in effect

Miss. Code Ann. § 55-24-1 Mississippi Coast Coliseum Commission created.

There is created a Mississippi Coast Coliseum Commission to be composed of seven (7) members to be constituted and appointed as provided in Section 55-24-3. For the purposes of this chapter and unless otherwise required by the context, the word “commission” shall mean the Mississippi Coast Coliseum Commission.

Miss. Code Ann. § 55-24-3 Terms of office.

The Mississippi Coast Coliseum Commission shall consist of seven (7) members, who shall be appointed, qualify and take office within thirty (30) days of July 1, 2016. Five (5) commissioners shall be appointed by the Harrison County Board of Supervisors, with each member of the board to appoint one (1) person to the commission, who shall be a resident of Harrison County. Each commissioner shall serve at the will and pleasure of the board of supervisors and removed by a majority vote of the board of supervisors. The term of each commissioner shall run concurrently with the member of the board of supervisors who appointed him or her, unless such commissioner is otherwise replaced or removed by a majority vote of the board of supervisors. Two (2) members, one (1) from each judicial district in Harrison County, shall be appointed by consensus of the elected mayors of the municipalities from that judicial district within Harrison County, and such members shall be residents of Harrison County and shall serve at the will and pleasure of such mayors and shall have terms that run concurrently with the term of office of such mayors elected at a general municipal election, unless such commissioners are replaced or removed by such mayors. From and after July 1, 2016, the Executive Director of the Mississippi Gulf Coast Region Convention and Visitors Bureau shall be an ex officio nonvoting member of the commission. In addition to the fact that each commissioner serves at the will and pleasure of the appointing elected official(s), as described in subsection (1) of this section, any member may be disqualified and removed from office for any one (1) of the following reasons: Conviction of a felony; Failure to attend three (3) consecutive meetings without just cause. If a commission member is removed for one (1) of the above reasons, the vacancy shall be filled in the manner prescribed in this section. Vacancies which shall occur shall be filled in the same manner as the original appointments and shall be made for the unexpired term unless the person is otherwise removed, as provided in subsection (1) of this section. In making appointments to the commission, the appointing authorities should consider persons who are community leaders and/or are representative of fields such as the hotel/motel business, large business, small business, the food and beverage industry and large facility operation or commercial real estate.

Miss. Code Ann. § 55-24-5 Qualification, oath and bond.

Before entering upon the duties of the office, each appointed member of the Mississippi Coast Coliseum Commission shall take and subscribe to the oath of office required by Section 268 of the Constitution of the State of Mississippi, and shall enter into and give bond to be approved by the Secretary of State of the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00) conditioned upon the faithful performance of his duties. Such bond shall be payable to the State of Mississippi, and in the event of a breach thereof, suit may be brought by the State of Mississippi for the benefit of the Mississippi Coast Coliseum Commission.

Miss. Code Ann. § 55-24-7 Organization; meetings; quorum; office supplies.

After the members of the Mississippi Coast Coliseum Commission have been appointed and qualified as set forth in Section 55-24-3 et seq., they shall meet, on or before August 19, 2016, at quarters provided for them by Harrison County after giving not less than ten (10) days’ notice of the time and place of such meeting by registered mail, postage prepaid and electronic mail directed to each appointed member of such commission as provided to the Secretary of State at the time of his qualification, and posting bond. At such meeting a quorum shall be four (4) commissioners, and a majority of those members attending shall elect a president and secretary, both of whom shall be members of said commission, and adopt such rules and regulations as may govern the time and place for holding subsequent meetings, regular and special, and other rules and regulations not inconsistent with the provisions of this chapter. The commission is further authorized to obtain office equipment, supplies, furniture, furnishings, equipment, and other facilities necessary to administer the affairs and duties of the commission.

Miss. Code Ann. § 55-24-9 Powers of the Mississippi Coast Coliseum Commission.

The Mississippi Coast Coliseum Commission, a political subdivision of the State of Mississippi, shall have jurisdiction and authority over matters relating to promoting, developing, maintaining and operating a multipurpose coliseum and related facilities within Harrison County, Mississippi. Multipurpose coliseum and related facilities shall include a multipurpose coliseum or arena facility, a convention center and facility grounds, as well as any lands purchased by or on the behalf of the commission. From and after July 1, 2016, any development and/or any land acquired by or on behalf of the commission, shall be subject to the Land Development Ordinances of the City of Biloxi. Such commission is authorized to acquire lands by purchase, gift or the exercise of eminent domain as provided by Section 11-27-1 et seq., above or below mean high-water mark subject to the approval of the Harrison County Board of Supervisors. The acquisition of lands below mean high-water mark by the commission for the purposes authorized herein are declared to be in all respects for the benefit of the people of the State of Mississippi, a public purpose, and an essential governmental function in the exercise of the powers conferred upon them by such act. The commission, acting on behalf of the State of Mississippi, shall have the right to reclaim submerged lands for the purpose of constructing a multipurpose coliseum and related facilities, and to acquire in its name on behalf of the state any estate or property right therein or in other land necessary to the purpose of this chapter by purchase, gift, deed or other transfer, subject to the approval of the Harrison County Board of Supervisors. Title to all oil, gas and other minerals in, on or under any lands, title to which is held by the State of Mississippi on August 8, 1968, shall be reserved unto the State of Mississippi, and all income derived from the sale or lease of such minerals shall inure to the benefit of the State of Mississippi for such purposes as the Legislature may direct. Provided, that prior to utilization of lands in which title vests in the State of Mississippi, a description of such land shall be submitted to the Department of Finance and Administration and said utilization shall not be commenced until or unless approval of such utilization is given by the Department of Finance and Administration. The commission is authorized to own, furnish, equip and operate the multipurpose coliseum and facilities and equipment necessary or useful in the operation of such multipurpose coliseum and related facilities; to receive and expend, subject to the provisions of this chapter and the approval of the commission’s annual budget by the Harrison County Board of Supervisors, revenues from any source, including the operation of the multipurpose coliseum and related facilities; and to do all other things necessary to carry out the purposes of this chapter. The commission is authorized and directed to adopt uniform rules and regulations regarding the granting of contracts that are less than one hundred eighty (180) days for franchises, licenses, contracts or lease agreements, or the granting of contracts that are less than one hundred eighty (180) days for the use, operation and maintenance of the premises, and to publish the uniform rules and regulations for three (3) consecutive weeks in a newspaper having a general circulation in the county and fixing a time and place not more than ten (10) days after the last publication to receive and hear objections to such rules and regulations. The commission shall also publish such information on commission and county websites during the same time period as the newspaper publication. In addition, a copy of such rules and regulations or any revisions or amendments thereto shall be filed with the Clerk of the Harrison County Board of Supervisors. The commission may revise or amend such rules and regulations but such revisions shall be uniform and shall not be adopted unless the commission shall publish the proposed change and hold a public hearing as required by this section. Before any contract that is more than one hundred eighty (180) days for a franchise, license, contract or lease agreement may be granted, the commission shall notify the Harrison County Board of Supervisors and publish its intent to grant such franchise, license, contract or lease agreement and the conditions upon which same shall be granted. Such publication shall be made for three (3) consecutive weeks in a newspaper having a general circulation in Harrison County. Such publication shall also be made on the commission and county websites during the same time period as the newspaper publication. All bids received shall be sealed, and shall be opened at a date, time and place set forth in the publications, which date shall not be less than five (5) days nor more than ten (10) days after the last day of such publications. Unless the commission shall find that the successful bidder cannot demonstrate financial responsibility to comply with the terms and conditions of the franchise, license, contract or lease agreement or cannot perform the services required thereunder, it shall, subject to the limitations set forth under this chapter, recommend the granting of the franchise, license, contract or lease agreement to the bidder whose proposal shall be in the best financial interest of the commission. Any person aggrieved by any action of the commission may appeal to the Circuit Court of Harrison County in the manner provided for appeals from orders of the board of supervisors. The commission is granted the power to sue and be sued in its own name, and the commission is authorized to take liability insurance on the operation of the facilities in an amount equal to the extent of its liability for claims or causes of action arising from acts or omissions as provided in Section 11-46-15; provided, however, that immunity from suit is only waived to the extent of such liability insurance carried, and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance. No attempt shall be made in the trial of any case to suggest the existence of any insurance which covers in whole or in part any judgment or award rendered in favor of a claimant, but if the verdict rendered by the jury exceeds the limit of applicable insurance, the court on motion shall reduce the amount of said judgment to a sum equal to the applicable limit stated in the insurance policy. The commission shall prepare an annual budget specifically describing the proposed receipt and expenditure of all funds from any source whatsoever, and such budget shall be approved by the Harrison County Board of Supervisors. If the commission desires to take any action associated with the receipt or expenditure of funds which deviates from the annual budget, such individual action shall be subject to the approval of the Harrison County Board of Supervisors. The commission is granted the power to invest funds credited to the Mississippi Coast Coliseum Commission Operating Fund, the commission is vested with authority to designate depositories of its funds, and to deposit the funds in interest-bearing accounts. Provided, however, all funds in excess of ninety (90) days’ operating expenses, to the extent practicable, shall be invested in Treasury bills or in interest-bearing accounts or approved securities to include, but not limited to, U.S. Treasury bills and U.S. Treasury notes and bonds, federal agency securities or mortgage-backed securities guaranteed as to repayment of principal by the government or an agency of such government, certificates of deposit fully covered by insurance administered by the Federal Deposit Insurance Corporation or covered by pledged securities, repurchase agreements and short-term money market funds invested in United States government and United States government agencies. The commission is authorized to contract with any agency of the United States or the State of Mississippi for a loan or grant, subject to the approval of the Harrison County Board of Supervisors and to give such agency any assurances of compliance with federal or state laws which are not in conflict with the laws of the State of Mississippi. It is the intent and purpose of this chapter that the Coliseum Commission cooperate with agencies administering the National Seashore Act of 1970. Whenever any real or personal property belonging to the commission shall cease to be used or needed for the commission’s purposes, the commission may recommend to the Harrison County Board of Supervisors that it sell, exchange or lease the property on such terms as the commission may propose. No lease of surplus real property may exceed a term of ninety-nine (99) years. The deed of conveyance in such transactions shall be executed in the name of the commission by the Harrison County Board of Supervisors pursuant to order issued on the minutes of its meetings. In any sale, exchange or lease of real property, the commission shall retain all mineral rights that it owns, together with the right of ingress and egress to remove same. Before any sale, exchange or lease is made, the commissioners shall publish at least once each week for three (3) consecutive weeks, in a public newspaper of Harrison County, Mississippi, and on the commission and county websites the intention to sell, exchange or lease, as the case may be, the real or personal property and to accept sealed competitive bids for the sale, exchange or lease. The commissioners shall thereafter accept bids for the sale, exchange or lease, and the property shall be sold, exchanged or leased to the highest and best bidder in the manner provided by law. However, whenever the commissioners shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes: (a) that any commission-owned real property is no longer needed for commission purposes and is not to be used in the operation of a multipurpose coliseum and related facilities, (b) that the sale, exchange or lease of such property in the manner otherwise provided for herein is necessary or desirable for the financial welfare of a multipurpose coliseum and related facilities, and (c) that the use of such property for the purpose for which it is to be sold, exchanged or leased will promote and foster the development and improvement of the multipurpose coliseum and related facilities, the commissioners may recommend to the Harrison County Board of Supervisors that it sell, exchange or lease the property without having to advertise for and accept competitive bids. In any case in which the commission proposes to sell or exchange real property under the provisions of this section without advertising for and accepting competitive bids, the Harrison County Board of Supervisors must approve such proposal, and consideration for the sale or exchange of the real property shall be not less than the average of the fair market price for the property as determined by three (3) professional property appraisers selected by the commission and approved by the purchaser or devisee and the Harrison County Board of Supervisors. Appraisal fees shall be shared equally by the commission and the purchaser or devisee. The enumeration of any specific rights and powers contained herein or elsewhere in this chapter where followed by general powers shall not be construed in the restrictive sense but rather in as broad and comprehensive sense as possible to effectuate the purposes and intent of this chapter.

Miss. Code Ann. § 55-24-11 Budget and employment of clerical assistance.

The Coliseum Commission shall submit its budget and receive an appropriation in accordance with the requirements and procedures set forth in Chapter 496, Laws of 1962, being Sections 27-103-1 et seq., Mississippi Code of 1972, applicable to “Special Fund Agencies.” The Coliseum Commission is authorized to employ a director and such other employees as are necessary to perform and carry out the duties of the commission. The commissioners and director are public officers within the meaning and intent of Section 97-11-19, Mississippi Code of 1972.

Miss. Code Ann. § 55-24-13 Commissioner compensation and expenses.

Each commissioner of the Mississippi Coast Coliseum Commission may receive compensation in the amount authorized in Section 25-3-69, Mississippi Code of 1972, while engaged in commission meetings or other duties of the commission, but such allowances shall not exceed One Thousand Eight Hundred Dollars ($1,800.00) for any one (1) commissioner during the calendar year. Commissioners may be reimbursed for their actual expenses when on commission business.

Miss. Code Ann. § 55-24-15 Letting contracts.

In the letting of contracts and in advertisement for bids thereon for the development, construction, repair or maintenance of any structures, facilities and lands required pursuant to this chapter, the Mississippi Coast Coliseum Commission shall comply with all of the requirements of the general laws of the State of Mississippi governing and regulating the advertisement for bids and letting of contracts by the State of Mississippi.

Miss. Code Ann. § 55-24-17 Mississippi Coast Coliseum and Convention Trust Fund established; administration of fund; use of monies.

The proceeds from the tax authorized under the provisions of Sections 1 and 2 of Chapter 863, Local and Private Laws of 1987, shall be paid to the Mississippi Coast Coliseum and Convention Trust Fund. The fund shall be used for the operational, maintenance, replacement and capital expenses of the Mississippi Coast Coliseum and Convention Center, as hereinafter provided and managed as provided in subsection (2) of this section. Amounts on deposit in the fund shall be invested in interest-bearing accounts or approved securities to include, but not limited to, U.S. Treasury bills and U.S. Treasury notes and bonds, federal agency securities or federal mortgage-backed securities guaranteed as to repayment of principal by the federal government or an agency of the federal government, certificates of deposits fully covered by insurance administered by the Federal Deposit Insurance Corporation or covered by pledge securities, repurchase agreements and short-term money market funds invested in U.S. government and U.S. government agencies. All interest income earned on the fund shall be paid into the Mississippi Coast Coliseum Commission Operating Fund. The principal amount deposited into the fund from the proceeds of the special taxes authorized by Chapter 863, Laws of 1987 shall not be withdrawn from the trust for any purpose whatsoever except as provided for in subsection (2) of this section. The interest earned on the fund may also be used for debt service for capital improvements or expansion or for payment of expenses for operations, maintenance and replacement of capital improvements. From and after July 1, 2016, the Mississippi Coast Coliseum and Convention Trust Fund shall be administered by the Harrison County Board of Supervisors, and the Harrison County Board of Supervisors may expend monies in the fund upon recommendation of the commission, without state appropriation, for the purpose of repairs, restorations, debt service expense and capital improvements to the Mississippi Coast Coliseum and Convention Center. From and after July 1, 2016, until February 16, 2018, the Harrison County Board of Supervisors shall not expend more than Two Million Dollars ($2,000,000.00) from the Mississippi Coast Coliseum Trust Fund; however, from and after February 16, 2018, the board of supervisors is authorized to expend any or all of the remaining monies in such trust fund upon recommendation of the commission.

Miss. Code Ann. § 55-24-19 The coliseum commission may accept grants and contributions.

The coliseum commission, in addition to the moneys which may be received by it from the sale of bonds and from the collection of revenues, rents and earnings derived under the provisions of this chapter, shall have the authority to accept from any public or private agency, or from any individual, grants for or in aid of the construction of any planned development, or for the payment of bonds, and to receive and accept contributions from any source of money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.

Miss. Code Ann. § 55-24-21 Full and complete authority.

This chapter shall be deemed to be full and complete authority for the exercise of the powers herein granted.

Miss. Code Ann. § 55-24-23 Conflicting laws superseded.

Notwithstanding the provisions of any laws or parts of laws in conflict herewith, the provisions of this chapter shall be controlling to the extent of the conflict.