Toll Roads and Toll Bridges

Miss. Code Ann. tit. 65, ch. 43
in effect

Miss. Code Ann. § 65-43-1 Authority of Transportation Commission, counties and municipalities to construct, operate and maintain new toll roads or toll bridges.

The Mississippi Transportation Commission, county boards of supervisors and/or the governing authorities of municipalities (hereinafter referred to as governmental entities), in their discretion, may construct, operate and maintain, individually or jointly with other governmental entities, one or more new toll roads or toll bridges in the state for motor vehicle traffic, including toll booths and related facilities, at those locations where an alternate untolled route exists. All such highways, pavement, bridges, drainage-related structures and other infrastructure comprising the projects shall be built and maintained in accordance with not less than the minimum highway design, construction and maintenance standards established by the contracting governmental entity for such highways, infrastructure and facilities.

Miss. Code Ann. § 65-43-2 Legislative findings.

The Legislature finds and declares as a matter of public policy that, for the benefit of the people of this state, it is essential to foster, promote and provide public infrastructure, including toll roads and bridges.

Miss. Code Ann. § 65-43-3 Authority of Transportation Commission, counties and municipalities to contract with companies for financing, constructing, operating or maintaining toll roads or toll bridges; requests for proposals; rights and responsibilities of parties to contracts; collection of tolls; applicability of traffic regulations to motor vehicles operated on toll roads and toll bridges; immunity from liability.

In addition to and as an alternative to any other authority granted by law, including, but not limited to, Section 65-43-1, any governmental entities, as defined in Section 65-43-1, in their discretion, may contract, individually or jointly with other governmental entities, with any persons, corporations, partnerships or other businesses licensed to do business in the State of Mississippi (hereinafter referred to as “companies” or “company”) for the purpose of designing, financing, constructing, operating and maintaining one or more new toll roads or toll bridges in the state for motor vehicle traffic, including tollbooths and related facilities, at those locations where an alternate untolled route exists. Such contracts may provide that the governmental entities may grant certain rights (including, but not limited to, the right to exclusively operate and maintain) in land held by the governmental entities, whether in fee simple, as an easement or other interest, to a company for design, construction, operation and/or maintenance of roadways, highways or bridges for motor vehicle traffic, tollbooths and related facilities. All such highways, pavement, bridges, drainage-related structures and other infrastructure comprising the projects shall be built and maintained in accordance with not less than the minimum highway design, construction and maintenance standards established by the contracting governmental entity for such highways, infrastructure and facilities. The contracting governmental entity shall conduct periodic inspections of any such project throughout the term of the contract to ensure compliance by the company. Failure of a company to comply with minimum standards established for the project by the contracting governmental entity shall constitute a breach and shall subject the company to liability on its bond or security or to rescission of the contract in accordance with the terms and provisions of the contract. A governmental entity may not enter into a contract under this section with (i) any company designated as a foreign terrorist organization pursuant to Presidential Executive Order 13224 or Section 302 of the federal Antiterrorism or Effective Death Penalty Act of 1996, (ii) any company under the control of a so-designated foreign terrorist organization, or (iii) any company controlled by a foreign person if to do so would violate any order of the Committee on Foreign Investment in the United States under the Foreign Investment and National Security Act of 2007, H.R. 566, 110th Cong. (2007), Public Law 110-49, 121 Stat. 246. These requirements also shall apply to any proposed transfer or assignment of any contract entered into under this section. Every contract entered into by a governmental entity under this section (except for contracts entered into with another governmental entity or following termination of a predecessor contract entered into under this section), at a minimum, must provide for the design and construction of a new toll road or toll bridge project and may also provide for the financing, acquisition, lease, maintenance, and/or operation of a new toll road or toll bridge project. If a governmental entity enters into a contract with a company as authorized by this section, such governmental entity shall use a competitive procurement process that provides the best value for the governmental entity. The governmental entity may accept unsolicited proposals for a proposed new toll road or solicit proposals in accordance with this section. A governmental entity shall publish a request for competing proposals and qualifications in a newspaper having a general circulation within such governmental entity or, if the governmental entity is the Mississippi Transportation Commission, shall publish the request in a newspaper having a general circulation at the seat of government and, if the governmental entity has a website, shall post the request on such website. Such request shall include the criteria used to evaluate the proposals, the relative weight given to the criteria and a deadline by which proposals must be received. At a minimum, a proposal submitted in response to such request must contain: Information regarding the proposed project location, scope and limits; Information regarding the company’s qualifications, experience, technical competence, and capability to develop the project; and A proposed financial plan for the proposed project that includes, at a minimum, the projected project costs, projected revenues and proposed sources of funds. A governmental entity may interview a company submitting a solicited or unsolicited proposal. In evaluating such proposals, a governmental entity may solicit input from other sources regarding such proposals. The governmental entity shall rank each proposal based on the criteria described in the request for proposals and select the company whose proposal offers the best value to the governmental entity. The governmental entity may enter into discussions with the company whose proposal offers the best value. If at any point during the discussions it appears to the governmental entity that the highest ranking proposal will not provide the governmental entity with the overall best value, the governmental entity may enter into discussions with the company submitting the next highest ranking proposal. The governmental entity may withdraw a request for competing proposals and qualifications at any time and for any reason and may reject any one (1) or all proposals. In either case, the governmental entity may then publish a new request for competing proposals and qualifications. A governmental entity shall not be required to pay any company for the costs of preparing or submitting proposals. The governmental entity shall prescribe the general form of a contract authorized by this section and may include any matter the governmental entity considers advantageous to it. The governmental entity and the company shall negotiate the specific terms of the contract. Except as provided under this subsection (2), no such contract entered into hereunder shall be subject to the provisions of Section 65-1-8, Section 31-7-13 or any other public bid or public procurement laws of this state. The Transportation Commission shall evaluate each proposal based on the criteria established by the commission. The Transportation Commission shall approve or disapprove a proposal within ninety (90) days after receipt of the proposal. If the Transportation Commission needs additional information, it may delay approval for an additional sixty (60) days. Any right or interest arising under or as a result of any contract entered into under this section by a governmental entity with a company involving a franchise, license agreement, concession agreement, operating agreement, construction agreement, design agreement and/or any other similar contractual arrangement in connection with the financing, design, construction, acquisition, maintenance and/or operation of a toll road or toll bridge project shall not constitute any right, title or interest in land or other real property or real estate or in personal property within the meaning of Article 1, Chapter 35, Title 27, Mississippi Code of 1972, in the toll road or toll bridge project, including tollbooths and related toll facilities (including, but not limited to, land, pavement, drainage-related structures, and other infrastructure and property related thereto) in which a governmental entity is the title owner of such property and/or holder of easements, rights-of-way and/or other interests for such toll road or toll bridge project. Every contract entered into by a governmental entity under this section shall require a company to enter into bond and provide such security as the governmental entity determines may be necessary or advisable to ensure timely completion and proper execution and performance of the contract. The term of the contract shall not exceed fifty (50) years and shall not be extended or renewed. The governmental entities are authorized to acquire such property or interests in property as may be necessary, by gift, purchase or eminent domain, for construction and maintenance of the highways or bridges built pursuant to contracts entered into under this section. Upon expiration, termination or rescission of the contract, any and all rights and/or interests that the company may have in the land, infrastructure, facilities or other improvements to the property subject to contract shall terminate and automatically, by operation of law, be returned or conveyed to and vested in the State of Mississippi or the contracting governmental entity. Upon termination, expiration or rescission of the contract, the collection of tolls shall cease. The governmental entity having jurisdiction over the toll highway or bridge may, after notice and public hearing, establish, charge and collect motor vehicle operator tolls for use of the highway or bridge and its facilities. Alternatively, during the term of any contract entered into under this section, the company may establish, charge and collect motor vehicle operators tolls for use of the highway or bridge and its facilities. The amount of such tolls, and any modification thereto, shall be subject to approval by the contracting governmental entity after notice and public hearing. All such contracts entered into with the Mississippi Transportation Commission may require a company to pay a percentage or other specified portion of all tolls collected to the Mississippi Department of Transportation. If bonds are issued pursuant to Section 65-43-13, then all such tolls paid to the department shall be deposited into the special bond sinking fund under Section 65-43-11, and may be expended only as authorized by the Legislature. If bonds are not issued pursuant to Section 65-43-13, then all such tolls paid to the department shall be deposited into the department’s highway fund to be used by the department for the construction and maintenance of highways. If a toll road is a designated evacuation route and a declaration of a state of emergency is issued by the President of the United States or by the Governor, the collection of tolls shall cease until the termination of the state of emergency. All statutes of this state relating to vehicle and traffic regulation and control shall be applicable to motor vehicles operated upon highways and bridges constructed under this section and shall be enforceable by the Mississippi Department of Public Safety, the Mississippi Highway Safety Patrol or any other law enforcement agency having jurisdiction over such highways and bridges. The State of Mississippi, the Mississippi Transportation Commission, the Mississippi Department of Transportation, counties, municipalities or any other agency or political subdivision, or any officer or employee thereof, shall not be liable for any tortious act or omission arising out of the construction, maintenance or operation of any highway or bridge project under the provisions of this section where the act or omission occurs during the term of any such contract entered into by the Mississippi Transportation Commission or other governmental entity and a company.

Miss. Code Ann. § 65-43-4 Transportation Commission to report to legislature on performance of companies contracted with regarding construction, operation and maintenance of toll road or toll bridge projects.

On or before January 10 of each year the Mississippi Transportation Commission shall submit a detailed report to the Chairman of the Senate Highways and Transportation Committee and the Chairman of the House Transportation Committee describing and evaluating the financial and operational performance by a company with which the commission has contracted under Chapter 44, Laws of 2008, First Extraordinary Session, of the company’s duties and responsibilities regarding the construction, operation and maintenance of a toll road or toll bridge project.

Miss. Code Ann. § 65-43-5 Construction of Sections 65-43-1 and 65-43-3.

The powers conferred by Sections 65-43-1 and 65-43-3 shall be in addition to the powers conferred by any other law, general, special or local. Sections 65-43-1 and 65-43-3 shall be construed as an additional and alternative method of funding all or any portion of the purchasing, building, improving, owning or operating of roadways, highways or bridges under the jurisdiction of the Mississippi Transportation Commission, county boards of supervisors or municipal governing authorities, any provision of the laws of the state or any charter of any municipality to the contrary notwithstanding.

Miss. Code Ann. § 65-43-6 Penalties for failure or refusal to pay required toll on toll road or toll bridge facility.

Any driver of a vehicle who fails or refuses to pay a required toll on a toll road or toll bridge facility in the state shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned not more than six (6) months, or both. In addition, the court shall order a person convicted of violating this section, to make restitution to the toll facility operator in an amount equal to the dollar amount of the toll that such person was required but failed or refused to pay. Any sheriff, municipal police officer, State Highway Patrol officer, law enforcement officer of the Department of Public Safety or certified law enforcement officer of the Mississippi Department of Transportation may issue a traffic ticket for such violation within the limits of their respective jurisdictions in accordance with Section 63-9-21.

Miss. Code Ann. § 65-43-7 Authorization of counties and municipalities to borrow money and issue bonds for projects authorized under this chapter; details of bonds; procedure.

For the purpose of providing funds to defray the expenses of projects authorized pursuant to Sections 65-43-1 and 65-43-3, the board of supervisors of a county or the governing authorities of a municipality shall have the right to borrow money for the project, and to issue revenue bonds therefor in such principal amounts as the board of supervisors or governing authorities may determine to be necessary to provide sufficient funds to defray the expenses of projects authorized pursuant to Sections 65-43-1 and 65-43-3. The bonds shall be payable out of any revenues derived from the project, including grants or contributions from the federal government or other sources. Such bonds may be sold at public or private sale at not less than par and shall bear interest at a rate or rates not exceeding that allowed in Section 75-17-103. Any such bonds so issued shall not constitute a debt of the county, the municipality or any political subdivision of the county or the city within the meaning of any constitutional, statutory or charter restriction, limitation or provision. It shall be plainly stated on the face of each bond in substance that the bond has been issued pursuant to the authority granted in this section and that the taxing power of the county or municipality issuing the bond is not pledged to the payment of the bond or the interest on it and that the bond and the interest on it are payable solely from the revenues of the project for which the bond is issued. All bonds issued under the authority of this section shall bear such date or dates, shall be in such form or denomination, shall bear such rate of interest, and shall mature at such times as the county or municipality shall determine, but no bonds issued under the authority of this section shall mature more than thirty (30) years from the date of the issuance thereof and none of the bonds shall be sold for less than par and accrued interest. All bonds shall be sold in the manner now provided by law for the sale of bonds without any restrictions, limitations, requirements or conditions applicable to the borrowing of such money and the issuance of such bonds which are not herein contained. The denomination, form, place of payment and other details of such bonds may be determined by resolution or order of the board of supervisors of a county or the governing authorities of a municipality, and shall be executed on behalf of the county or municipality as is now provided by law. Before issuing any bonds under the provisions of this section, the board of supervisors of the county or the governing authorities of the municipality shall, by resolution spread upon the minutes, declare its intention to issue such bonds for the purposes authorized by this section and shall state in the resolution the amount of bonds proposed to be issued and shall likewise fix in the resolution the date upon which the board of supervisors of the county or the governing authorities of the municipality proposes to direct the issuance of the bonds. Notice of such intention shall be published once a week for at least three (3) consecutive weeks in a newspaper published or having a general circulation in the county or the municipality, with the first publication of the notice to be made not less than twenty-one (21) days prior to the date fixed in the resolution for the issuance of the bonds and the last publication to be made not more than seven (7) days prior to such date. If, on or before the date specified in the resolution, twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the county or municipality shall file a written protest against the issuance of the bonds, then an election upon the issuance of the bonds shall be called, and held, as provided in this section. If no such protest shall be filed, then the board of supervisors of the county or the governing authorities of the municipality may issue such bonds without an election on the question of the issuance of the bonds at any time within a period of two (2) years after the date specified in the resolution. If an election is called under the provisions of this section on the question of the issuance of bonds, the election shall be held, insofar as practicable, in the same manner as other elections are held in the county or municipality. At the election, all qualified electors of the county or municipality may vote and the ballots used in the election shall have printed thereon a brief statement of the amount and purposes of the proposed bond issue and the words “FOR THE BOND ISSUE” and the words “AGAINST THE BOND ISSUE,” and the voters shall vote by placing a cross (X) or check mark (Π) opposite their choice on the proposition. When the results of any election provided for in this section shall have been canvassed by the election commissioners of the county or municipality and certified by them to the proper authorities, it shall be the duty of the board of supervisors of the county or the governing authorities of the municipality to determine and adjudicate whether or not a majority of the qualified electors who voted in the election voted in favor of the issuance of the bonds and unless a majority of the qualified electors who voted in the election voted in favor of the issuance of the bonds, then the bonds shall not be issued. Should a majority of the qualified electors who vote in the election vote in favor of the bonds, the board of supervisors of the county or the governing authorities of the municipality may issue the bonds, either in whole or in part, within two (2) years from the date of such election, or within two (2) years after final favorable determination of any litigation affecting the issuance of such bonds at such time or times, and in such amount or amounts, not exceeding that specified in the notice of the election, as shall be deemed proper. This section, without reference to any other statute, shall be deemed to be full and complete authority for the issuance of bonds and borrowing of money as authorized in this section by counties or municipalities, and shall be construed as an additional and alternate method therefor. The bonds authorized by this section shall not constitute an indebtedness within the meaning of any constitutional or statutory limitation or restriction.

Miss. Code Ann. § 65-43-9 Toll Road Revenue Bond Fund.

A special fund, to be designated as the “Toll Road Revenue Bond Fund,” is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. Monies deposited into the fund shall be disbursed, in the discretion of the Mississippi Transportation Commission, to pay the costs incurred in defraying the expenses of projects authorized pursuant to Sections 65-43-1 and 65-43-3. Amounts deposited into such special fund shall be disbursed to pay the expenses described in subsection (1) of this section. If any monies in the special fund are not used within six (6) years after the date the proceeds of the bonds authorized under Sections 65-43-9 through 65-43-39 are deposited into such fund, then the Mississippi Transportation Commission shall provide an accounting of such unused monies to the State Bond Commission. Promptly after the State Bond Commission has certified, by resolution duly adopted, that the projects for which the revenue bonds have been issued shall have been completed, abandoned or cannot be completed in a timely fashion, any amounts remaining in such special fund shall be applied to pay debt service on the bonds issued under Sections 65-43-9 through 65-43-39, in accordance with the proceedings authorizing the issuance of such bonds and as directed by the State Bond Commission.

Miss. Code Ann. § 65-43-11 Special bond sinking fund.

For the purpose of providing for the payment of the principal of and interest upon bonds issued under the provisions of Sections 65-43-9 through 65-43-39, there is created a special bond sinking fund in the State Treasury. The special bond sinking fund shall consist of the monies required to be deposited into the fund under Section 65-43-3 and such other amounts as the Legislature may direct to be paid into the fund by appropriation or other authorization by the Legislature. Unexpended amounts remaining in the special bond sinking fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the special bond sinking fund shall be deposited into such sinking fund.

Miss. Code Ann. § 65-43-13 Bonds; resolution for issuance; disposition of bond sale proceeds and investment earnings generally.

The State Bond Commission, at one time or from time to time, may declare by resolution the necessity for issuance of revenue bonds of the State of Mississippi for the purpose of providing funds to defray the expenses of projects authorized pursuant to Sections 65-43-1 and 65-43-3. Upon the adoption of a resolution by the Mississippi Transportation Commission, declaring the necessity for the issuance of the revenue bonds authorized by this section, the Mississippi Transportation Commission shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of such resolution, the State Bond Commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell, at public or private sale, the bonds so authorized to be sold and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. Revenue bonds issued under this section shall be in such principal amounts as the Mississippi Transportation Commission may determine to be necessary to provide sufficient funds to defray the expenses of projects authorized pursuant to Sections 65-43-1 and 65-43-3. Any investment earnings on amounts deposited into the special fund created in Section 65-43-9 shall be used to pay debt service on bonds issued under Sections 65-43-9 through 65-43-39, in accordance with the proceedings authorizing issuance of such bonds.

Miss. Code Ann. § 65-43-15 Bonds; payment of principal and interest; details.

The principal of and interest on the bonds authorized under Sections 65-43-9 through 65-43-39 shall be payable in the manner provided in this section. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section 75-17-103, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed thirty (30) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission.

Miss. Code Ann. § 65-43-17 Bonds; execution.

The bonds authorized by Sections 65-43-9 through 65-43-39 shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the secretary of the commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

Miss. Code Ann. § 65-43-19 Bonds; negotiability.

All bonds and interest coupons issued under the provisions of Sections 65-43-9 through 65-43-39 have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by Sections 65-43-9 through 65-43-39, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.

Miss. Code Ann. § 65-43-21 Bonds; issuance and sale; redemption.

The State Bond Commission shall act as the issuing agent for the bonds authorized under Sections 65-43-9 through 65-43-39, prescribe the form of the bonds, advertise for and accept bids, issue and sell, at public or private sale, the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The State Bond Commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections 65-43-9 through 65-43-39 from the proceeds derived from the sale of such bonds. The State Bond Commission shall sell such bonds on sealed bids at public or private sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year. Notice of the sale of any such bonds shall be published at least one time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission. The State Bond Commission, when issuing any bonds under the authority of Sections 65-43-9 through 65-43-39, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.

Miss. Code Ann. § 65-43-23 Bonds; nature; source of payment of principal and interest; applicability of debt limitation.

Bonds issued under the authority of Sections 65-43-9 through 65-43-39 shall be revenue bonds of the state, the principal of and interest on which shall be payable solely from the revenue from projects authorized under Section 65-43-1 or 65-43-3. The bonds shall never constitute an indebtedness of the state within the meaning of any state constitutional provision or statutory limitation, and shall never constitute or give rise to a pecuniary liability of the state, or a charge against its general credit or taxing powers, and such fact shall be plainly stated on the face of each such bond. The bonds shall not be considered when computing any limitation of indebtedness of the state. All bonds issued under the authority of Sections 65-43-9 through 65-43-39 and all interest coupons applicable thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source.

Miss. Code Ann. § 65-43-25 Bonds; disposition of proceeds.

Upon the issuance and sale of bonds under the provisions of Sections 65-43-9 through 65-43-39, the State Bond Commission shall transfer the proceeds of any such sale or sales to a special fund created in Section 65-43-9. The proceeds of such bonds shall be disbursed solely upon the order of the Mississippi Transportation Commission under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

Miss. Code Ann. § 65-43-27 Bonds; conditions for issuance.

The bonds authorized under Sections 65-43-9 through 65-43-39 may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by Sections 63-45-9 through 63-45-39. Any resolution providing for the issuance of bonds under the provisions of Sections 65-43-9 through 65-43-39 shall become effective immediately upon its adoption by the commission, and any such resolution may be adopted at any regular or special meeting of the commission by a majority of its members.

Miss. Code Ann. § 65-43-29 Bonds; validation.

The bonds authorized under the authority of Sections 65-43-9 through 65-43-39 may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

Miss. Code Ann. § 65-43-31 Bonds; protection and enforcement of rights of bondholders.

Any holder of bonds issued under the provisions of Sections 65-43-9 through 65-43-39 or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted under Sections 65-43-9 through 65-43-39, or under such resolution, and may enforce and compel performance of all duties required by Sections 65-43-9 through 65-43-39 to be performed, in order to provide for the payment of bonds and interest thereon.

Miss. Code Ann. § 65-43-33 Bonds; legal investments and securities.

All bonds issued under the provisions of Sections 65-43-9 through 65-43-39 shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

Miss. Code Ann. § 65-43-35 Bonds; exemption from taxation.

Bonds issued under the provisions of Sections 65-43-9 through 65-43-39 and income therefrom shall be exempt from all taxation in the State of Mississippi.

Miss. Code Ann. § 65-43-37 Bonds; use of proceeds.

The proceeds of the bonds issued under Sections 65-43-9 through 65-43-39 shall be used solely for the purposes provided in Sections 65-43-9 through 65-43-39, including the costs incident to the issuance and sale of such bonds.

Miss. Code Ann. § 65-43-39 Bonds; issuance of warrants for payment.

The State Treasurer is authorized, without further process of law, to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under Sections 65-43-9 through 65-43-39; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.

Miss. Code Ann. § 65-43-71 Definitions.

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise, as used in Sections 65-43-71 through 65-43-85 and Section 65-43-6: “Toll facility operator” means any private company contracting with a governmental entity to collect tolls or fees for the use of any toll road or toll bridge as authorized under Section 65-43-3; “Processing agency” means a governmental entity, or a toll facility operator designated by any governmental entity, responsible for the processing of the notices of toll evasions and notices of delinquent toll evasions and penalties. A processing agency may include a public agency or private vendor with which any governmental entity contracts for the processing of notices of toll evasions and notices of delinquent toll evasions; “Toll facility” means any road or bridge for which tolls or fees are charged for the use thereof.

Miss. Code Ann. § 65-43-73 Use of toll facility without payment of tolls prohibited; notice of toll evasion violation; contents of notice; timing of notice.

A person may not use any toll facility without payment of tolls, except as specifically provided by statute, ordinance, regulation or rule of a governing entity. If a vehicle is found by automated devices, visual observation, or otherwise to have evaded tolls on any toll facility, the processing agency shall, within thirty (30) days of the violation, forward to the registered owner of the vehicle involved in the violation, by certified mail, return receipt requested, or by personal delivery, a notice of toll evasion violation setting forth the violation, including reference to the statute, ordinance, regulation or rule violated, the approximate time and location of the violation and the amount of the toll owed by the violator. Included with the notice of toll evasion violation shall be an affidavit of nonliability that complies with the requirements of Section 65-43-81. In the case of joint ownership of a motor vehicle, the notice must be mailed to the first name appearing on the registration, unless the first name is a business organization, in which case the second name appearing on the registration may be used. Mailing the notice to the address provided for notice or personal delivery constitutes legal notification to the violator. If accurate information concerning the identity and address of the registered owner of the vehicle is not available to the processing agency within thirty (30) days of the violation, the processing agency shall have an additional forty-five (45) calendar days to obtain such information and forward the notice of toll evasion violation. If after ninety (90) calendar days of the violation the processing agency has not obtained accurate information concerning the identity and address of the registered owner of the vehicle, the processing agency may publish the notice of the toll evasion for two (2) weeks in a newspaper having general circulation in the county of the registered owner’s last known residence. This publication shall constitute legal notification to the violator. The notice of toll evasion violation shall also set forth the following: The vehicle license plate number; If practicable, the registration expiration date and the make of the vehicle; A clear and concise explanation of the procedures for contesting the violation and appealing an adverse decision. A violation of subsection (1) of this section is an infraction subject to a penalty established pursuant to Section 65-43-75. The collection of civil penalties shall be governed by the civil administrative procedures set forth in Section 65-43-77.

Miss. Code Ann. § 65-43-75 Written notice of toll evasion penalty to accompany notice of toll evasion violation; penalties.

The notice of toll evasion violation shall be accompanied by a written notice of the toll evasion penalty due for that violation, the address of the person authorized to receive payment of the toll evasion penalty, an affidavit of nonliability and a statement that payment of the toll evasion penalty for the toll evasion violation may be sent through the mail. The schedule of toll evasion penalties for toll evasion violations shall be established by the governmental entity having jurisdiction over the toll road, but shall not exceed the amount of the unpaid toll plus One Hundred Dollars ($100.00) per violation. Toll evasion penalties under this section may be collected as civil penalties. If the amount of the unpaid toll, along with any applicable toll evasion penalty, is received by the person authorized to receive the deposit of these fees and there is no contest as to that toll evasion violation pursuant to Sections 65-43-71 through 65-43-83, the proceedings shall terminate. The amount of the unpaid toll, and any applicable penalties, shall be retained by or remitted to the governmental entity having jurisdiction over the toll road.

Miss. Code Ann. § 65-43-77 Establishment of system of civil administrative adjudication; administrative fees and charges.

The governmental entity shall establish a system of civil administrative adjudication to adjudicate the contest of any alleged instances of a vehicle’s operation on a toll facility without the required toll having been paid, such system shall include a schedule of administrative fees and charges due in addition to the unpaid toll and/or penalty.

Miss. Code Ann. § 65-43-79 Appeal from decision of adjudicative process.

Any person aggrieved by a final decision of the adjudicative process set forth in Section 65-43-77, may appeal such decision within ten (10) days from the date of the postmark appearing on the notice of final decision mailed to the contestant. The appeal shall be initiated by the filing of a written notice of appeal accompanied by a bill of exceptions which shall embody the facts, order and decision of the adjudicative body and which shall be signed by the party executing the final decision appealed from. The contestant shall file the notice of appeal and bill of exceptions in the circuit court of the county in which the alleged violation took place and the court shall hear and determine the same on the case as presented by the bill of exceptions as an appellate court and shall affirm or reverse the final decision. A copy of that notice and bill of exceptions must be provided to all parties or their attorneys of record and the lower authority whose order or judgment is being appealed. A certificate of service must accompany the written notice of appeal. If the decision be reversed, the circuit court shall render such order or judgment and certify same to that body; and the costs shall be awarded as in other cases. The contents of the adjudicative body’s official file in the case, including a copy of the notice of toll evasion violation, shall be made a part of the record on appeal and shall constitute prima facie evidence of the facts stated therein. A copy of the written notice of appeal shall be served by the contestant by certified mail, return receipt requested, upon the adjudicative body by service upon the party executing the final decision. If no written notice of appeal of the final decision is filed within the period set forth in subsection (1) of this section, the decision shall be deemed final. If the toll evasion penalty, along with the amount of the unpaid toll, have not been paid and the decision resulting from the judicial review of the final decision is adverse to the contestant, the processing agency may, promptly after the decision becomes final, proceed to collect the penalty.

Miss. Code Ann. § 65-43-81 Final notice of toll evasion; delivery; contents of notice; consequence of failure to pay toll evasion penalty.

If the payment of the amount of the unpaid toll, and any applicable toll evasion penalty, is not received by the person authorized to receive payment of these fees by the time and date fixed for appearance on the notice of toll evasion violation, the processing agency shall deliver to the registered owner a final notice of toll evasion violation. Delivery of a final notice of toll evasion violation under this section shall be made by certified mail, return receipt requested, addressed to the registered owner, or by personal delivery. If delivery by certified mail or personal delivery is refused by the registered owner, then the processing agency may publish the notice of delinquent toll evasion for two (2) weeks in a newspaper having a general circulation in the county of the registered owner’s last known residence. The final notice of toll evasion violation shall contain the information specified in Section 65-43-73, and shall also contain a notice to the registered owner that he must either: Pay the amount of the unpaid toll, and any applicable penalty, or Provide proof of payment of the unpaid toll, and any applicable penalty or an affidavit of nonliability. If the registered owner fails to pay the toll evasion penalty, as required, the registered owner shall be deemed responsible for the violation and the amount of the unpaid toll and any administrative fees or charges which shall be due to the governmental entity by the registered owner.

Miss. Code Ann. § 65-43-83 Effect of return of affidavit of nonliability.

If the affidavit of nonliability is returned to the governmental entity within thirty (30) days of the mailing of the notice of toll evasion violation, together with the proof of a written rental agreement or lease between a bona fide renting or leasing company and its customer which identifies the rentee or lessee and provides the driver’s license number, name, and address of the rentee or lessee, the processing agency shall mail, by certified mail, return receipt requested, to the rentee or lessee identified in the affidavit of nonliability a final notice of toll evasion violation. If the affidavit of nonliability is returned with evidence that the registered owner served has made a bona fide sale or transfer of the vehicle and has delivered possession thereof to the purchaser prior to the date of the alleged violation, the processing agency shall cancel the notice of toll evasion violation with respect to that registered owner and the processing agency shall mail, by certified mail, return receipt requested, to the purchaser identified in the affidavit of nonliability a final notice of toll evasion violation. If payment is not received within fifteen (15) days of the mailing of the final notice of toll evasion violation, the processing agency may proceed against the purchaser identified pursuant to Section 65-43-73.

Miss. Code Ann. § 65-43-85 Contracts with collection agencies to collect unpaid toll evasion penalties, fees and charges authorized.

The processing agency may contract with a collection agency to collect unpaid toll evasion penalties, fees and charges.

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