Harrison County Parkway

Miss. Code Ann. tit. 55, ch. 11
in effect

Miss. Code Ann. § 55-11-1 Creation and composition of Harrison County Parkway Commission; qualifications and appointment of members of commission.

The Harrison County Parkway Commission is hereby created to be composed of six (6) commissioners. Five (5) of the commissioners shall be appointed by the Governor in the following manner: each of the municipalities of Biloxi, Gulfport, Long Beach and Pass Christian, acting through a majority of the governing authorities of each, shall recommend the appointment of one (1)commissioner, and a majority of the members of the board of supervisors of said county shall recommend one (1), and the commissioners so recommended shall be appointed by the Governor. Any qualified elector of Harrison County shall be eligible as a member of said commission and may be selected from either of the supervisors districts of said county. It shall not be requisite that the person recommended by the governing authorities of any of said municipalities be a resident citizen of such municipalities. The Governor shall be ex-officio chairman of the commission.

Miss. Code Ann. § 55-11-3 Oath of members of commission; organization; officers.

Said commissioners, when so appointed, shall take the oath of office prescribed in Section 268 of the Constitution and shall meet at the county courthouse of Harrison County, at a date to be fixed by the Governor, to organize and select an active chairman and a secretary. The active chairman shall preside over all meetings, in the absence of the Governor, and shall have full authority to act as chairman of said commission in all matters, except at meetings presided over by the Governor as ex-officio chairman. It shall be the duty of the secretary to keep and preserve minutes of the meetings of the commission for which service a reasonable compensation may be allowed and paid.

Miss. Code Ann. § 55-11-5 Meetings; compensation of members of commission.

The commission shall meet at the county courthouse, or at any other place designated in the notice of meeting, at any time upon call of the chairman or secretary by written notice mailed at least 48 hours before the time fixed for meeting, or without notice upon the attendance of all of the members, except the ex-officio chairman. Said commissioners shall receive five dollars ($5.00) per day compensation for each day, while engaged in attendance upon meetings of the commission, or engaged in other duties of the commission, and they shall receive their actual traveling expenses in attending meetings and engaged in the duties of the commission, to be paid out of the general fund of Harrison County.

Miss. Code Ann. § 55-11-7 General powers and duties of commission.

The commission shall have and is hereby vested with full authority and jurisdiction to create a public parkway of the area, or any part thereof, in Harrison County, Mississippi, extending from Point Cadet on the east to Third Street in Henderson’s Point addition on the west, lying between the presently existing and used public highway extending through and across said county known as Front Street, or U.S. Highway No. 90, and the road protection or seawall right-of-way. The commission shall have authority to acquire by purchase, gift or other means, the title to any part of said land or to acquire easements or leases to same, or to acquire the right to use any part of such land by any other form of agreement that may be agreed upon between the commission and the landowner, either in perpetuity or for a term of years. The board of supervisors may, in its discretion, appropriate funds to acquire such rights or titles. Nothing in this chapter shall be construed to relieve the State Highway Department of any maintenance along such public parkway which it has the statutory duty to perform.

Miss. Code Ann. § 55-11-9 Approval and adoption of plans for landscaping and beautification.

The commission shall have authority, subject to the approval of the board of supervisors, to employ a competent landscape engineer to prepare plans for the beautification and landscaping of the area described in Section 55-11-7, and for any part thereof, and to approve and adopt plans for the beautification and landscaping of such areas that the commission may deem proper. However, as to any such beautification or landscaping, the cost of which is to be paid by said county, such adoption or approval shall be subject to the approval of the board of supervisors. The board of supervisors shall have authority to pay the expenses of preparing such plans out of their general fund or any other funds made available for the purposes of this chapter.

Miss. Code Ann. § 55-11-11 Purchases and contracts.

The commission shall have authority to advertise for bids for the purchase of any materials or things and for letting contracts for furnishing any labor and material for carrying out plans that may be approved for the beautification and landscaping of any part of said parkway. No purchase or contract which is to be paid out of county funds, shall be final or any such contract binding upon the county, until accepted by the board of supervisors by order spread upon their minutes. Any such purchase or contracts that are to be paid for out of funds provided by any other governmental department shall be made and accepted in such manner that may be approved by the governmental department providing such funds.

Miss. Code Ann. § 55-11-13 Title to and use of property rights.

The title to any property and all leases, easements or other property rights acquired under the provisions of this chapter shall be taken in the name of or for the use and benefit of Harrison County for public purposes. All such rights in land acquired by such conveyances, leases, easements, or other instruments, shall be used for public purposes in accordance with the provisions of this chapter and never applied to private uses, and the commission shall never permit any nuisance to be maintained or exist thereon.

Miss. Code Ann. § 55-11-15 Adoption of regulations and ordinances.

The commission and the county and municipalities cooperating under this chapter shall have authority to adopt such regulations and ordinances they deem proper and necessary to carry out its provisions and to regulate the use of such parkway.

Miss. Code Ann. § 55-11-17 Acquisition, appropriation and expenditure of funds.

The board of supervisors of Harrison County and the municipalities of Biloxi, Gulfport, Long Beach and Pass Christian, through their governing authorities, are hereby authorized to cooperate in carrying out the provisions of this chapter and to appropriate and expend funds for that purpose out of any general fund or general improvement funds. They may do all things and make such expenditures they may deem necessary to carry out the provisions of this chapter, and may permit the use of their machinery and workmen for that purpose. The commission and Board of Supervisors of Harrison County are authorized to apply for and accept funds from the United States Government and any of its departments or agencies, and to expend the same in carrying out the provisions of this chapter.

Miss. Code Ann. § 55-11-19 Applicability of laws relating to municipal budgets.

In making expenditures and donations authorized by this chapter, it shall not be necessary for the board of supervisors or the governing authorities of any municipality to comply with the provisions of Sections 19-11-1 through 19-11-27, or 21-35-1 through 21-35-33, Mississippi Code of 1972, requiring counties and municipalities to prepare budgets.

Miss. Code Ann. § 55-11-21 Title to improvements.

Any improvements placed on any leased land or other land in which the public ownership is less than a fee title shall remain public property and upon expiration of the public right may be removed.

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