MCA Chapter 11

MCA Chapter 11
in effect

Miss. Code Ann. § 65-11-3 Definitions for County Highway Aid Law.

When used in Sections 65-11-1 through 65-11-37, unless the context indicates otherwise: The term “construction” means the supervising, inspection, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, mapping, costs of right of way, and elimination of hazards of railway grade crossings. The term “county highways” shall include all county roads now under the jurisdiction of or being maintained by the board of supervisors of any county, not including roads on the state maintained highway system, but including streets inside municipalities or urban areas of less than five thousand inhabitants according to the latest available federal census, and specifically including all “secondary and feeder roads” as defined by the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626].

Miss. Code Ann. § 65-11-5 Purpose of County Highway Aid Law.

It being recognized that county highways generally have deteriorated to a considerable extent during the past several years, and it being further recognized that the selection, construction, and improvement of a system of all-weather rural secondary, feeder, or farm-to-market roads is a matter of primary state-wide concern, it is hereby declared to be the purpose of Sections 65-11-1 through 65-11-37 to provide for a more comprehensive rural-road program through cooperation between the federal government, the state highway commission of Mississippi, and the county boards of supervisors; and it is further the purpose and intent of said sections to provide a means, manner, and funds whereby the counties of this state will be enabled to participate in the federal aid program, and will be enabled to participate in and avail themselves of the funds apportioned to the State of Mississippi for the construction and improvement of secondary and feeder roads, including farm-to-market roads, rural mail routes, and public school bus routes, under the terms of the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626]. It is hereby declared to be the intent and purpose of the cited sections that, insofar as permissible under federal laws, rules, and regulations, not less than fifty per cent (50%) of the funds apportioned to Mississippi for secondary and feeder roads under the terms of subsection (b), section 3, of the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626] should be expended for the construction and improvement of county highways as defined in said sections.

Miss. Code Ann. § 65-11-7 County federal aid highway system.

There is hereby created a system of county federal aid highways, for the purposes of Sections 65-11-1 through 65-11-37, and the county highways which shall comprise and constitute such system shall be selected jointly by the boards of supervisors of the various counties and the State Highway Commission of Mississippi, as same may be supplemented from time to time. Projects for the construction and improvement of such county highways shall likewise be selected jointly by the several boards of supervisors and the State Highway Commission, provided however, that in all cases where such system and projects thereon have been heretofore selected and agreed upon by the several boards of supervisors and the State Highway Commission as required by the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626], the highways thereby selected shall constitute the roads in the affected counties which shall be a part of the county federal aid highway system, and such selections and agreements are hereby ratified and approved.

Miss. Code Ann. § 65-11-9 Apportionment of federal funds.

The State Highway Commission shall determine what proportion of the funds allotted to the State of Mississippi for the improvement of secondary and feeder roads under subsection (b), Section 3, of the Federal Aid Highway Act of 1944 [53 U. S. Stat. 838, ch. 626], shall be expended upon the improvement of highways on the county federal aid highway system; however, not less than fifty percent (50%) of the amount so apportioned to Mississippi under said act shall be apportioned for expenditure among the counties for the improvement of roads on the county federal aid highway system; if the amount apportioned by the state to the state highway fund to carry out the purposes of Sections 65-11-1 through 65-11-37 should be less than fifty percent (50%) of the amount apportioned to Mississippi for secondary and feeder roads under said act, then the amount of federal funds apportioned to the counties for the improvement of roads on the county federal aid highway system may be less than fifty percent (50%) of such federal funds, but shall not be less than the amount of such state appropriation.

Miss. Code Ann. § 65-11-11 Allocation of funds to counties.

The amount of federal funds made available to the State of Mississippi for secondary and feeder roads under the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626] which is allotted to the counties as provided in Section 65-11-9, shall be apportioned among the counties of this state by the State Highway Commission in the following manner: one third in the ratio which the area of each county bears to the total area of the state; one third in the ratio which the rural population of each county bears to the total rural population of the state, as shown by the federal census of 1940; and one third in the ratio which the mileage of rural delivery and star routes in each county bears to the total mileage of rural delivery and star routes in the state. The amount of federal funds so apportioned to each county shall be matched by state funds apportioned to the State Highway Fund to carry out the purposes of Sections 65-11-1 through 65-11-37 as hereinafter provided; in the event the amount so appropriated for such State Highway Fund is insufficient to entirely match the federal funds allotted to county highways, then the amount of such fund shall be apportioned among the counties in the same manner as herein provided. “Rural population” and “rural delivery” routes as used in this section shall have the same meaning ascribed to them in the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626].

Miss. Code Ann. § 65-11-13 Order of projects.

The projects upon such county federal aid highway system shall be selected jointly by the several boards of supervisors and the State Highway Commission in conformity with the applicable laws, rules, and regulations of the federal government and the public roads administration, of the federal works agency, or any other authorized agency of the federal government. The order of the construction and completion of such projects shall likewise be determined jointly by the several boards of supervisors and the State Highway Commission in conformity with such laws, rules, and regulations; the State Highway Commission shall first call upon the several boards of supervisors to select and recommend a series of projects in the respective counties in the order in which, in the opinion of the board or a majority thereof, the projects should be constructed. Such selections and recommendations shall be examined and analyzed by the State Highway Commission and, if found to be proper and correct based on the relative use and importance of such roads, shall be approved by the State Highway Commission.

Miss. Code Ann. § 65-11-15 Counties notified of amounts available.

The State Highway Commission shall notify the board of supervisors of each county of the amount of money to be available for expenditure in such county from said federal apportionment, and of the amount of money available from the appropriation made to the State Highway Fund as the state’s share of the federal aid program on secondary and feeder roads. Within three months after the receipt of such notice, the board of supervisors of each county shall submit to the State Highway Commission a description of the recommended projects on county highways in such county which are approved by the county and recommended for selection and designation for participation in federal aid under the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626]. In the selection of such projects and in the recommendation of the order of their improvement, the boards of supervisors shall select projects which will be of the greatest benefit to the county as a whole, judged from the standpoint of relative use and importance, without regard to district or beat lines, insofar as same is consistent with the rules and regulations of the public roads administration of the federal works agency. All such projects and the order of their inauguration shall be subject to the approval of the State Highway Commission as provided in Section 65-11-13.

Miss. Code Ann. § 65-11-17 Contracts and agreements.

The board of supervisors of the several counties and the State Highway Commission are hereby authorized and directed to enter into such contracts and cooperative agreements with each other and with any appropriate federal agency that may be necessary to carry out the purposes of Sections 65-11-1 through 65-11-37 and that may be necessary to enable the state and counties to participate in and avail themselves of any funds apportioned to the state under the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626]. The boards of supervisors and the State Highway Commission are further authorized and directed to do any and all other things that may be necessary to carry out the purposes of said sections, within their respective jurisdictions. It is hereby expressly declared that nothing contained in the cited sections shall be deemed to convert any highway into a state highway or to place same on the state highway system unless and until such highway is placed on the state system in the manner prescribed by law; nor shall any action or step taken under the provisions of such sections (including the improvement or construction of any county highway) convert any highway into a state highway.

Miss. Code Ann. § 65-11-19 Proposed projects submitted by Highway Commission.

After the selection and determination of the projects in the manner prescribed in Sections 65-11-1 through 65-11-37, the State Highway Commission shall prepare and submit to the commissioner of public roads of the public roads administration for approval detailed programs of such proposed projects for the utilization of any apportionment of funds made to the state under the provisions of subsection (b) of Section 3 of the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626], same to be done in the manner and in the form required by the applicable federal laws, rules, and regulations.

Miss. Code Ann. § 65-11-21 Surveys, plans, specifications, engineering.

The State Highway Commission is hereby authorized and directed to prepare all necessary surveys, plans, specifications, and estimates for all projects upon county highways, to furnish engineering and technical assistance for the preparation of such surveys, plans, specifications, and estimates, and to supervise the construction of all projects upon county highways under the provisions of Sections 65-11-1 through 65-11-37; the cost and expense of such surveys, plans, specifications, estimates, and the supervision of projects shall be paid from the federal aid or state appropriated funds allocated for such project, or from any other funds that the county might have available for such purpose.

Miss. Code Ann. § 65-11-23 Letting of contracts for county federal aid highway system.

All contracts for the construction of projects under the terms and provisions of Sections 65-11-1 through 65-11-37 shall be let and awarded by the state highway commission in the manner and method now provided by law for the awarding of contracts for the improvement and construction of highways on the state highway system; and the cost and expense of the letting of such contracts shall be paid from the federal aid or state appropriated funds allocated for such project, or from any other funds that the county might have available for such purpose.

Miss. Code Ann. § 65-11-25 Counties authorized to expend additional funds.

If the amount apportioned to any county from federal aid funds for the purposes mentioned above shall exceed the amount made available to such county from state appropriated funds, then the board of supervisors of such county is hereby authorized and empowered, in its discretion, to use and expend any county road and bridge funds, or any funds available in the general fund of such county, to increase or enlarge the county highway construction program in such county and to match any federal aid funds not matched by state appropriated funds. All such additional funds shall be remitted and turned over by the board of supervisors to the State Treasurer to be deposited in the state highway fund and to be used exclusively in said county on projects on county highways approved by the board of supervisors, the State Highway Commission, and the public roads administration, it being the intention of this section to authorize and empower the board of supervisors of any county to supplement the funds provided for the construction or improvement of projects on secondary or feeder roads in said county out of any funds which the county might have available at the time. For the purpose of providing such supplemental or additional funds, the board of supervisors of any county is hereby authorized and empowered, in its discretion, to issue the road or road and bridge bonds of such county in any lawful amount, said bonds to be issued in all respects in the manner and method, and subject to the restrictions and conditions, now provided by law for the issuance of county road or road and bridge bonds, and shall be payable from the same sources of revenue.

Miss. Code Ann. § 65-11-27 Refusal or failure of county to comply with law.

If the board of supervisors of any county notify the State Highway Commission that it refuses to accept the benefits of Sections 65-11-1 through 65-11-37 on the terms and conditions specified therein and in the federal laws, rules, and regulations, or if any county shall fail to submit a description of recommended projects as required by Section 65-11-15, the amount of the appropriation made by the state for the purposes hereof and the amount available from federal aid funds which has been apportioned to such county may be expended in the discretion of the State Highway Commission on any other highway, state or county, on the approved system of secondary and feeder roads within or without such county; however, the Highway Commission may grant an additional three months for the filing of the description of projects, provided such extension shall not cause a lapse of federal aid funds apportioned to this state by reason of the expiration of a federal fiscal year.

Miss. Code Ann. § 65-11-29 Moneys may be expended on state highways.

Any county may, by resolution of its board of supervisors, request that all or any portion of the moneys available for expenditure in such county from federal aid and state appropriated funds be expended on any state highway in such county which is on the approved system of secondary and feeder roads. In that event, the State Highway Commission may expend such money on such state highway in accordance with the provisions of the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626] and the rules and regulations promulgated pursuant thereto, notwithstanding any provision of Sections 65-11-1 through 65-11-37 to the contrary.

Miss. Code Ann. § 65-11-31 Agreements among counties.

Any county, acting through its board of supervisors, may enter into an agreement with any other county or counties, or with any road or highway district, or any other public agency for the expenditure of a part or all of the moneys available pursuant to Sections 65-11-1 through 65-11-37 for expenditure in such county or any public highway outside the boundaries of such county, if such highway is eligible for federal aid under subsection (b) of Section 3 of the Federal Aid Highway Act of 1944 [58 U. S. Stat. 838, ch. 626]. In that event, the state highway commission is authorized and empowered to expend such moneys in accordance with such agreement.

Miss. Code Ann. § 65-11-33 Counties to furnish rights of way.

All rights of way for any county highway to be constructed or improved under the provisions of Sections 65-11-1 through 65-11-37 shall be obtained, secured, and paid for by the county in which such highway is located.

Miss. Code Ann. § 65-11-35 State Highway Fund.

All moneys that shall be appropriated for the purposes of Sections 65-11-1 through 65-11-37 shall be paid into the State Highway Fund, as shall all other moneys that shall be paid for said purposes as a result of any other law, state or federal, and all moneys which shall accrue from any other source for such purposes. All expenditures of state funds contemplated by the aforesaid sections shall be made from such fund, and such moneys shall be paid out by the State Highway Commission, acting through its director, in the manner and method now provided by law.

Miss. Code Ann. § 65-11-37 Construction not governed by group priority.

All highways constructed under the provisions of Sections 65-11-1 through 65-11-37, including those constructed under the provisions of Sections 65-11-27 through 65-11-31, may be constructed by the State Highway Commission without regard to any group priority of construction which is now or may hereafter be provided by law.

Miss. Code Ann. § 65-11-39 Definitions for rural road and bridge construction program.

When used in Sections 65-11-39 through 65-11-59, unless the context indicates otherwise: The term “construction” shall mean the supervising, inspection, actual building, and all expenses incidental to the construction or reconstruction of a road or bridge, including locating, surveying, mapping, cost of right of way, and elimination of the hazards of railway grade crossings. The term “county roads” shall mean all county roads now under the jurisdiction of, or being maintained by, the board of supervisors of any county. The term “board of supervisors” shall mean the board of supervisors of each county in the State of Mississippi.

Miss. Code Ann. § 65-11-41 Purpose of rural road and bridge construction program.

It being recognized that county roads and bridges of the various counties of the state have deteriorated to a considerable extent during the past several years, and it being further recognized that the selection, construction, and improvement of a system of all-weather county roads and bridges is a matter of primary state-wide concern, it is hereby declared to be the purpose of Sections 65-11-39 through 65-11-59 to provide for a county rural road and bridge construction program in addition and supplemental to that provided by cooperation with the Federal Highway Act of 1944, in addition to that provided by Sections 65-11-1 through 65-11-37.

Miss. Code Ann. § 65-11-43 Apportionment of funds between counties.

The funds hereinafter appropriated for the purpose of Sections 65-11-39 through 65-11-59 shall be paid by the State Treasurer out of any money in the state treasury not otherwise appropriated on warrants issued by the State Auditor of Public Accounts, and the said auditor shall issue his warrants upon requisition signed by the chancery clerk of each county for the sum appropriated such county. Each county shall receive nine one-thousandths (.009) of the total appropriation made to carry out the provisions of said sections, and the balance of said appropriation shall be apportioned by the state auditor among all the counties according to the following formula: one third in the ratio which the area of each county bears to the total area of the state; one third in the ratio which the rural population of each county bears to the total rural population of the state, as shown by the federal census of 1940; and one third in the ratio which the mileage of rural delivery and star routes in each county bears to the total mileage of rural delivery and star routes in the state.

Miss. Code Ann. § 65-11-45 Amounts available.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] The State Fiscal Management Board shall notify the board of supervisors of each county of the amount of money to be available for expenditure in such county from any appropriation made by the state for the purpose of Sections 65-11-39 through 65-11-59. The board of supervisors, upon the receipt of such notice, shall deposit the amount available for such county into the county road and bridge fund. All funds which may be appropriated for the purpose of said sections shall be expended for materials and labor in construction and improvement of county roads and bridges selected by the board of supervisors of each county. However, the board of supervisors shall first select for construction and reconstruction all school bus routes and, next, rural mail routes.

Miss. Code Ann. § 65-11-47 Selection of roads and bridges.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] The board of supervisors of each county, at its next regular or special meeting after receipt of notice of the amount of money apportioned such county, shall spread upon the minutes of such meeting the roads and bridges selected by it to be constructed or improved. In the selection of such projects the boards of supervisors shall select roads and bridges which will be of the greatest benefit to the county as a whole, judged from the standpoint of relative use and importance. However, if the board of supervisors selects a portion of the federal aid farm-to-market system, as set up in Sections 65-11-1 through 65-11-37, then the road shall be built up to the specifications for the federal aid farm-to-market system, and the funds made available under Sections 65-11-39 through 65-11-59 shall be expended under the provisions of the former sections. No reference is intended to any order of the board of supervisors heretofore made with reference to farm-to-market roads in the respective counties.

Miss. Code Ann. § 65-11-49 Engineer to supervise construction.

The board of supervisors of counties who do not have an engineer employed are hereby authorized and empowered to employ a competent engineer to prepare all necessary surveys, plans, and specifications and to supervise the construction and repairing of roads and bridges in their respective counties. The salary of same shall be paid from the common fund of said county.

Miss. Code Ann. § 65-11-51 Letting of contracts for rural road and bridge construction.

[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] All contracts for the construction of projects under the terms and provisions of Sections 65-11-39 through 65-11-59 shall be let and awarded by the board of supervisors in the manner and method now provided by law for the awarding of contracts for the improvement and construction of county roads and bridges. The cost and expense of the letting of such contracts shall be paid by the county, or from any funds provided for such purpose. In counties having sufficient equipment and labor, the boards of supervisors may build the roads and bridges without the letting of contracts, and may pay for labor and material therefor out of any funds appropriated by the Legislature or otherwise made available to carry out the provisions of the aforesaid sections.

Miss. Code Ann. § 65-11-53 Authority to expend any available funds.

The boards of supervisors of the several counties are hereby authorized and empowered, in their discretion, to use and expend any county road or bridge funds available to supplement and to be used in conjunction with state appropriated funds in the construction of roads and bridges and to secure necessary rights of way.

Miss. Code Ann. § 65-11-55 Funds may be used for state highways.

Any county may, by resolution of its board of supervisors, request that all or any portion of the moneys available for expenditure in such county be expended on any secondary highway in such county or on the state highway system, as may be agreed upon by the board of supervisors of such county and the state highway department.

Miss. Code Ann. § 65-11-57 Rules and regulations.

The board of supervisors is hereby authorized and empowered to adopt and promulgate all necessary rules and regulations to carry out the provisions and purposes of Sections 65-11-39 through 65-11-59.

Miss. Code Ann. § 65-11-59 Limitation on expenditures.

The board of supervisors shall not expend any of said funds for machinery or other equipment or tools.

Miss. Code Ann. § 65-11-61 Repair of roadbed, surfacing, and bridges damaged by floods.

The purpose of this section is to authorize the Highway Commission to repair roadbed, surfacing, and bridges being constructed as farm-to-market projects under the provisions of the County Highway Aid Law of 1946, Sections 65-11-1 through 65-11-37. Said roadbed, surfacing, and bridges having been damaged by excessive floods before final acceptance of the projects and no provision being made by law for their repair, this section is intended as supplemental to said 1946 law. The Mississippi State Highway Commission is authorized, in its discretion, to repair any roadbeds which have been damaged by floods on roads built under the provisions of the cited sections, out of any monies on hand from the appropriation to carry out the provisions of said sections to the credit of the county in which said road is situated.