MCA Chapter 21

in effect

Miss. Code Ann. § 55-21-1 Short title.

This chapter shall be called the “Mississippi Zoological Park and Garden District Act.”

Miss. Code Ann. § 55-21-3 Formation of districts.

The board of supervisors of any county by itself or by joining with the board of supervisors of any county adjacent to such county may form a zoological park and garden district. The board of supervisors of any county or counties wishing to form such a district may do so by entering into a contract for the construction, expansion, remodeling and/or maintenance and equipping of such zoological park and garden. Such contract or any future contract may provide for the continued use, equipping, repairing, reconstructing and remodeling of such park and garden.

Miss. Code Ann. § 55-21-5 Establishment of district board; composition; appointment and terms of office of members of board.

Such zoological park district established as provided for in Section 55-21-3 shall establish a district zoological park and garden board which shall supervise and control the zoological park. The district zoological park and garden board, hereinafter referred to as the board, shall consist of three (3) representatives from each participating county. Each member shall be appointed by the governing authority of the entity he represents for a term of six (6) years and until his successor is appointed and qualified.

Miss. Code Ann. § 55-21-7 Officers of board; appointment of director; meetings; compensation of members of board.

The board shall annually elect a chairman from among its members and such other officers as it may deem necessary for the performance of its duties. It shall appoint a director to serve at its pleasure, and who shall be chosen solely on the basis of his training, experience and other qualifications in the field of zoo management. The director shall act as executive secretary of the board and appoint administrative officers and employees of the board with the approval of the board. With the approval of the board he shall exercise the powers and duties set forth in Section 55-21-9. The board shall meet at such times and places as it may determine. Each voting member of the board shall be paid a per diem compensation of twenty-two dollars and fifty cents ($22.50) and shall be reimbursed for all reasonable expenses incurred in the performance of his duties in the same manner as other state employees and officers are reimbursed for such expenses.

Miss. Code Ann. § 55-21-9 General powers and duties of board.

The board shall possess the following powers, duties and responsibilities: The board shall acquire, construct, equip, operate and maintain the district zoological park and garden at a site to be selected by the board. Prior to selection of the site, the board shall prepare a comprehensive plan for site location and development. The zoological district may acquire by gift, purchase or condemnation a site for the zoological park and garden. The district zoological park and garden shall consist of adequate facilities and structures for the collection, habitation, preservation, care, exhibition, examination or study of wild and domestic animals, including, but not limited to, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. The board may provide such lands, buildings and equipment as it deems necessary for parking, transportation, entertainment, education or instruction of the public in connection with such zoological park and garden. The board is hereby authorized to acquire interests in real estate and personal property through purchase, donation, bequest or devise in furtherance of the purposes of this chapter and otherwise in accordance with the provisions of law. The board is further authorized to sell, convey, assign, mortgage or lease any interest in real estate which has been purchased, donated, bequeathed or devised to the zoological district but which is not suitable for a zoo park and such interest may include, but shall not be limited to, fee simple interests and life estates. The board is hereby authorized and empowered, in its discretion, to lease land on a yearly basis. Before such real estate is sold, conveyed, assigned, purchased or leased, the fair market value of such real estate shall be determined by the averaging of at least three (3) appraisals by Mississippi members of the American Institute of Real Estate Appraisers. Such appraisals shall be paid for by the board. The board shall not sell, convey, assign or lease any interest in real property which it has acquired from the State of Mississippi. There shall be no appraisal required for real property leased from the state for use in a district zoological park. The board is hereby authorized to obtain abstracts and surveys, and to engage the services of attorneys to conduct the above described transactions. The board is authorized to obtain title insurance on property purchased if, in the opinion of the board, the best interests of the zoological district would be served. The board may conduct research studies and programs, collect and analyze data and prepare reports, maps, charts and other information relating to the zoological park and garden, or any wild or domestic animals, or may contract for any of such services without complying with the requirements of competitive bidding. The board may appoint an advisory committee consisting of persons who are members of zoological societies or who have shown a background or interest in such societies or zoo management. The board may accept and use gifts, grants or contributions from any source. The board may enact regulations governing the efficient protection of the zoological park and garden and related facilities and the conduct of persons entering therein. The board shall comply with all state and federal laws and any rules or regulations prescribed by any agency of the state and federal government relating to the quarantine, transportation, examination, habitation, care and treatment of wild animals. The board shall have all powers necessary or convenient to discharge the duties imposed upon it by law, and to operate the zoological park and garden in the manner which will best serve the public. The board shall report to the governing authorities of the participating municipalities and the board of supervisors of participating counties each year on the activities of the board and the operation of the zoological park and garden. These entities shall evaluate the activities of the board and the operation of the zoological park and garden.

Miss. Code Ann. § 55-21-11 Powers and duties of director.

Subject to the other provisions of this chapter, the director shall have the following powers and duties: Subject to the approval of the board, the director shall organize the district zoological park and garden and provide for such officers, agents and employees necessary for the operation thereof. These positions shall be filled solely on the basis of training, experience and other qualifications in the field of zoo management. As the executive secretary and principal administrative officer of the board, and subject to its approval, the director shall operate the district zoological park and garden and enforce all regulations and policy decisions of the board in regard thereto. He shall perform such other duties as may be directed by the board. (i) As directed by the board, the director may establish a schedule of charges for admission to or the use of the district zoological park and garden or any related facility, except as provided in paragraph (d) of this section, provide for the sale of gifts, souvenirs, food and beverages, and grant concessions for the sale of such items. The granting of any concessions relative to food, beverages and transit shall not be subject to the competitive bidding procedures, except as provided in subparagraph (ii) of this paragraph. In the granting of such concessions, a contract for such concessions shall be made either upon sealed bids or by direct negotiation by obtaining two (2) or more quotations for the service when possible. At least thirty (30) days before awarding a directly negotiated contract, the zoological board shall, by written published notice, request quotations for the service to be provided. All quotations obtained shall be kept on file for a period of at least one (1) year after receipt thereof. If a contract is made upon sealed bids, the procedure for advertising and awarding bids shall conform to the provisions for competitive bidding in the laws of Mississippi. In order to encourage and permit the use of and access to the district zoological park and garden, the board shall establish an admissions policy providing for free admission to the district zoological park and garden for all visitors on certain days distributed throughout each year.

Miss. Code Ann. § 55-21-13 Municipal contributions to districts.

Any municipality within a zoological park and garden district may contribute to such district from any available source.