Bienville Recreational District

Miss. Code Ann. tit. 55, ch. 19
in effect

Miss. Code Ann. § 55-19-1 Creation of district authorized; member counties.

It is hereby declared, as a matter of legislative determination: that East Central Mississippi is almost totally lacking in public parks, playgrounds, campgrounds, and related recreational facilities for citizens of the area to enjoy; that the area has therein a natural setting for the creation of all such recreational needs, particularly is this so in the Bienville National Forest comprising approximately one hundred ninety thousand (190,000) acres lying and being situated in four (4) East Central Mississippi counties; that by creation of this district, counties in East Central Mississippi will be empowered to acquire the use of this beautiful forest for regular use by all of the citizens of this state and frequent use by tourists who heretofore have had to seek their outdoor recreational pleasures in other places in distant states; that the creation of the Bienville Recreational District, with adequate but reasonable powers, with local assistance, cooperation and taxation, will greatly enhance the economic development and growth of the area; and that as a matter of public policy, the general welfare of the state warrants the enactment of this chapter. The Bienville Recreational District may hereafter be created in East Central Mississippi under authority of this chapter and in the manner hereinafter provided. The counties eligible to become member counties of the district are those four (4) counties in which any part of the Bienville National Forest lies and other counties in Mississippi that are contiguous or nearly contiguous to said four (4) counties. Once created, the Bienville Recreational District shall be an agency of the state and a body politic and corporate.

Miss. Code Ann. § 55-19-3 Resolution of intention as to county participation in district.

By July 10, 1972, the boards of supervisors of those counties eligible to become member counties of the Bienville Recreational District shall hold a public hearing at their respective courthouses or at some other appropriate hearing rooms whereby local citizens may have the opportunity to express their sentiments on the question of the county’s becoming a member and a participant in the activities and objectives of the district. If a board of supervisors finds and determines that public sentiment substantially favors the purposes contained in this chapter, the board shall adopt a resolution declaring its intentions to become a member county of the Bienville Recreational District.

Miss. Code Ann. § 55-19-5 Board of directors.

When each of the boards of supervisors of the four (4) counties wherein the Bienville National Forest lands lie has adopted a resolution for the creation of the Bienville Recreational District as provided in Section 55-19-3, the respective boards of supervisors shall appoint a person of good general reputation and sound business judgment to the board of directors for a four-year term, such term commencing at a date certain to be mutually agreed upon by the four (4) boards of supervisors. The Governor of the State of Mississippi within sixty (60) days after creation of the district shall appoint two (2) members from the district-at-large to the board of directors for terms of four (4) years. The clerk of each of the respective boards of supervisors and the governor shall advise the secretary of state of their appointees, and a commission shall be issued to all directors by the secretary of state. All of the directors shall meet within sixty (60) days from the effective date of the commissions of the county directors in the courthouse of one (1) of the member counties at the time and place designated by the secretary of state of the State of Mississippi, and shall take and subscribe to the general oath of office as set forth in Section 268 of the state constitution and thereafter file said oath with the secretary of state. The directors shall organize at said meeting by electing a president, vice president, and secretary-treasurer for one-year terms from among the directors present. This initial meeting of the board of directors and all subsequent meetings shall be a public record where official minutes of all proceedings shall be accurately and safely kept by the secretary of the board of directors of the district. All members of the board of directors shall be entitled to twenty-two dollars and fifty cents ($22.50) per diem not to exceed twenty-three (23) days in a fiscal year.

Miss. Code Ann. § 55-19-7 Requirement and procedure for tax levy generally.

In order to become a permanent member county of the district, the board of supervisors shall levy a tax not to exceed two (2) mills on all of the taxable property of the county after a mandatory election is held on the question within the county. No more than sixty (60) days after the organizational meeting of the district, the board of supervisors of each of the member counties shall adopt a resolution calling a mandatory election to be held on a day certain on the question of levying or not levying up to two (2) mills on all taxable property of the county. The resolution shall be published in a weekly newspaper published in the county and, in the board’s discretion, also published in a daily newspaper published in the county, once each week for three (3) consecutive weeks with the last publication being not less than ten (10) and not more than thirty (30) days prior to the date for the mandatory election on the proposition of the ad valorem tax levy described above. The election shall be held and conducted so far as practical in the manner provided by general law for conducting general elections. At such election all qualified electors of the county may vote. The ballots used at such election shall have printed thereon a brief statement of the amount and purpose of the proposed tax levy and the words “FOR THE TAX LEVY” and “AGAINST THE TAX LEVY,” and the voter shall vote by placing a cross (x) or a check mark (Π) opposite his or her choice on the proposition. It is hereby declared that a majority of the votes cast at such election shall be necessary before the tax can be levied and the county become a permanent member of the Bienville Recreational District. When the returns of the election have been canvassed and the results determined by the county election commission, the election commission shall certify the results to the board of supervisors which shall, in turn, adjudicate the results of the election and enter an appropriate order upon its minutes declaring that said millage shall be levied when the next annual county tax levies are to be made, or enter an appropriate order upon its minutes declaring that such millage shall not be levied. No additional election shall be held on the proposition until the lapse of one (1) year.

Miss. Code Ann. § 55-19-9 Effect of failure to levy tax.

If the election for a tax levy as set out in Section 55-19-7 fails in any of the four (4) counties in which a part of the Bienville Recreational District lies, then that county is no longer a member, and the clerk of the board of supervisors of that county shall so advise the governor and the secretary of state of its removal. Since each of the four (4) said counties is essential to the district, the district shall be dissolved automatically upon the removal of any one (1) of such counties. However, the district may maintain the organization outlined in Section 55-19-5 for a period of two (2) years after such dissolution but its activities shall be limited to that of perfecting a district with four (4) permanent member counties.

Miss. Code Ann. § 55-19-11 Declaration of creation of district.

If the district is created and the four (4) counties do become permanent members and levy the tax outlined in Section 55-19-7, the board of directors of the district shall find and adjudicate, and its minutes shall so reflect, that the board of supervisors of each of the four-member counties has fully complied with the provisions of its duties under this chapter which include but are not limited to conducting the election, finding that it favored creating the district, levying an ad valorem tax, and appointing a member to the board of directors from each county. The minutes ratifying the organization of the district shall conclude by adjudicating that all lawful requisites have been done and performed to creating the Bienville Recreational District, and it shall be so declared to be an agency of the State of Mississippi and a body politic and corporate as of the date of said minutes to the extent and with the full force and effect as an arm of state government as if it had been created directly by the legislature.

Miss. Code Ann. § 55-19-13 Addition of counties to district; amount of tax levy.

Other counties may become members of the district after the establishment of the district according to Sections 55-19-3 through 55-19-7 and 55-19-11 in the same manner but without regard to the time limits provided for the original and necessary four (4) counties to become member counties. Provided, however, for membership in the district by other than the four (4) permanent counties, the millage requirements shall be no less than the following: Counties with total assessed valuation above $60,000,000. . . . .1/2 mill Counties with total assessed valuation of at least $30,000,000 and no more than $60,000,000. . . . .1 mill Counties with total assessed valuation below $30,000,000. . . . .2 mills Whenever such county becomes a member, the clerk of the board of supervisors of that county shall so advise the Secretary of State and forward the name and address of the director for said county. A commission will be issued to such director by the Secretary of State. The director shall then proceed to take and subscribe to his oath of office and thereby become a member of the board of directors with the same rights, responsibilities and privileges enjoyed by any other director.

Miss. Code Ann. § 55-19-14 Reduction of tax levy.

After the formation of the district, if the board of directors should find that the millage levied is more than sufficient for the operation of the district and that there are no debts to be serviced, it may adopt a resolution permitting the lowering of the required millage set forth in Sections 55-19-7 and 55-19-13, Mississippi Code of 1972.

Miss. Code Ann. § 55-19-15 General powers and authority of district.

The district, upon ratification as required by Section 55-19-11, is hereby declared to have all the powers which it may deem reasonable, necessary and requisite to establish within the Bienville Recreational District recreational facilities of all types and kinds for the benefit of residents of the area and for nonresident citizens who shall be encouraged and invited to utilize these activities and facilities. Among these powers shall be the power to purchase, sell, exchange, lease, accept, receive or hold title or leasehold interest in real, personal and mixed property from any source whatsoever or to otherwise deal with any such property to the extent reasonably necessary to accomplish the purposes of the district. All such interests shall be received in the name of the State of Mississippi for the use and benefit of the Bienville Recreational District. Further, the powers shall include the right to contract with the State Highway Department, the board of supervisors of the counties within the district, or any other state or federal agency for the construction and maintenance of roads and bridges. In the exercise of its powers the district may employ administrative, technical, fiscal and professional personnel as may be found necessary to implement the purposes of this chapter with such personnel’s compensation to be established by the Mississippi Personnel Board; to adopt and use a seal; accept grants, gifts and bequests from the United States or any agency or department thereof, or from any other public or private source; establish a bank account or accounts; develop the recreational facilities and activities of the district by letting of public contracts and entering into public contracts; receive and disburse all funds for lawful purposes; make needful rules and regulations within the purposes of this chapter; do any and all other acts or things necessary and requisite to the exercise of the powers, rights, privileges or functions conferred upon the district by this chapter or other general laws of the state; and fix and collect rates and charges to residents and nonresident persons for the use of the district’s cabins, boats, recreational and other related facilities. It is expressly provided that the board of directors is subject to the general laws of the state to the same extent as any other state board, commission or department, including but not limited to the budget, state department of audit, public purchasing and public construction statutes.

Miss. Code Ann. § 55-19-17 Borrowing of money and issuance of bonds generally.

The board of directors of the district is hereby authorized and empowered to borrow money or issue bonds of the district for the purpose of paying the costs of acquiring, owning, constructing, operating, repairing and maintaining the projects and works specified herein, including related facilities, and including all financing and financial advisory charges, interest during construction, engineering, architectural, legal and other expenses incidental to and necessary for the foregoing or for the carrying out of any power conferred by this chapter. Said board of directors is authorized and empowered to borrow money and issue bonds at such times and in such amounts as shall be provided for by resolution of the said board of directors, not to exceed the limitation prescribed in Sections 55-19-19 et seq. All such bonds so issued by said district shall be secured solely by a pledge of the avails of the two (2) mills ad valorem tax levy provided for in Section 55-19-7, or so much thereof as may be necessary therefore, and of the net revenues as hereinafter defined, or so much thereof as may be necessary therefor. Such bonds shall not constitute general obligations of the State of Mississippi, but of the counties comprising said district and such bonds shall be secured by a pledge of the full faith, credit and resources of said district and of said counties jointly and severally. Bonds of the district shall not be included in computing any present or future debt limit of any county in such district under any present or future law. “Revenues” as used in this chapter shall mean all charges, rentals, tolls, rates, gifts, grants, tax proceeds, monies and all other funds coming into the possession of the district by virtue of the provisions of this chapter, except the proceeds from the sale of bonds issued thereunder, and except the avails of not to exceed the two-mill ad valorem tax levy provided for in Section 55-19-7. “Net revenues” as used in this chapter shall mean the revenues after payment of costs and expenses of operation and maintenance of the activities and related facilities of the district.

Miss. Code Ann. § 55-19-19 Details of bonds; interest; execution and negotiability of bonds; application of supplemental powers and authorizations provisions.

All such bonds provided for in Section 55-19-17 shall be lithographed or engraved and printed in two (2) or more colors to prevent counterfeiting. They shall be in denominations of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00), and may be registered as issued. They shall be numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued, the total amount authorized to be issued, the interest on the bond, that it is payable to bearer, and that the interest to accrue thereon is evidenced by proper coupons attached thereto. Such bonds shall contain such covenants and provisions; shall be executed; shall be in such form, format, type, denomination or denominations; shall be payable as to principal and interest, at such place or places; and shall mature at such time or times, all as shall be determined by such board of directors and set forth in the resolution pursuant to which such bonds shall be issued. The date of maturity of such bonds shall not exceed thirty-five (35) years from the date of the bond. All bonds shall bear interest at such rate or rates not to exceed a net interest cost to maturity of seven percent (7%) per annum. No bond shall bear more than one (1) rate of interest. Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid. All bonds of the same maturity shall bear the same rate of interest. All interest accruing on such bonds so issued shall be payable semiannually, or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year. No interest payment shall be evidenced by more than one (1) coupon and supplemental coupons, cancelled coupons and zero interest coupons will not be permitted. No interest coupon shall vary more than twenty-five percent (25%) in interest rate for any other interest coupon in the same bond issue. The interest rate on any one (1) interest coupon shall not exceed seven percent (7%). Such bonds shall be signed by the president and secretary-treasurer of the district with the seal of the district affixed thereto; however, the coupons may bear only the facsimile signatures of such president and secretary-treasurer. Any provisions of the general laws to the contrary notwithstanding, any bonds and interest coupons issued pursuant to the authority of this chapter shall be securities within the meaning of Article 8 of the Uniform Commercial Code, being Sections 75-8-101 et seq., Mississippi Code of 1972. Such bonds and interest coupons shall be exempt from all state, county, municipal and other taxation under the laws of the State of Mississippi. Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections 31-21-1 through 31-21-7.

Miss. Code Ann. § 55-19-21 Sale and redemption of bonds; security for payment generally; restriction on amount of bonds.

All bonds provided for herein shall be sold under the sealed bid procedure as designated in Section 31-19-25, Mississippi Code of 1972, and as additionally provided in this and other sections of this chapter. Each interest rate specified in any bid must be in a multiple of one-tenth of one percent (1/10 of 1%) or in multiples of one-eighth of one percent (1/8 of 1%), and a zero rate of interest cannot be named. Any premium must be paid in bank funds as a part of the purchase price, and bids shall not contemplate the cancellation of any interest coupon or the waiver of interest or other concession by the bidder as a substitute for bank funds. Any bonds issued under the provisions of this chapter shall be submitted to validation under the provisions of Sections 31-13-1 through 31-13-11, inclusive, Mississippi Code of 1972. Such bonds may be called in, paid and redeemed in inverse numerical order on any interest date prior to maturity but not before ten (10) years after issued upon not less than thirty (30) days’ notice to the paying agent or agents designated in such bonds, and at such premium as may be designated in such bonds. In no case shall any premiums exceed six percent (6%) of the face value of such bonds. All such bonds shall contain in substance a statement to the effect that they are secured solely by a pledge of the avails of not to exceed two (2) mills ad valorem tax levy provided for in Section 55-19-7, or so much thereof as may be necessary therefor, and of the net revenues as hereinabove defined or so much thereof as may be necessary therefor, and they do not constitute general obligations of the State of Mississippi, but of the counties comprising said district, and are secured by a pledge of the full faith, credit and resources of said district and of such counties, jointly and severally. This chapter shall be full and complete authority for the issuance of the bonds provided for herein, and no restriction or limitation otherwise prescribed by law shall apply herein. Bonds issued pursuant to this chapter shall not exceed fifteen million dollars ($15,000,000.00) in principal amount.

Miss. Code Ann. § 55-19-23 Trust agreement as security for bonds.

At the discretion of the board of directors of the district, any bonds provided for in Section 55-19-17 may be further secured by a trust agreement between the board of directors and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the right and remedies of the bondholders as are reasonable and proper and not in violation of law. The trust agreement may contain provision for the issuance of additional bonds for any of the purposes authorized by this chapter which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein. The trust agreement may include provisions to the effect that if there is any default in the payment of principal or interest on any of said bonds, any court having jurisdiction of the action may appoint a receiver to administer the properties and facilities of the district, including the authority to sell or make contracts for the sale of any services, facilities or commodities of the district or to renew such contracts, subject to the approval of the court appointing said receiver; and with the power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of said bonds and interest thereon in accordance with the resolution of the board of directors authorizing the issuance of such bonds and said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee upon default in the payment of principal and interest on the bonds.

Miss. Code Ann. § 55-19-25 Investment in bonds; bonds as security for deposits.

All bonds of the district shall be and are hereby declared to be legal and authorized investments for public funds of counties, cities, towns, school districts, banks, savings banks, trust companies, building and loan associations, savings and loan associations and insurance companies and for funds of the Mississippi Public Employees’ Retirement System. Such bonds shall be eligible to secure the deposit of any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Mississippi; such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.

Miss. Code Ann. § 55-19-27 Refunding bonds.

The board of directors of the district is hereby authorized to provide by resolution for the issuance of refunding bonds of the district for the purpose of refunding any bonds then outstanding and issued under authority of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such refunding bonds, the maturity and other details thereof, and the rights, duties and obligations of the board of directors and of the district in respect to such bonds shall be governed by the provisions of this chapter and the statutes providing for refunding revenue bonds issued by the municipalities of this state, insofar as they are applicable. In no event shall such bonds mature over a period of time exceeding thirty-five (35) years from date of issuance.

Miss. Code Ann. § 55-19-29 Receipt and disbursement of gifts, grants and bequests.

The board of directors of the Bienville Recreational District shall be, and it is authorized, to receive and disburse any and all state, federal and private gifts, grants and bequests, including personal, real and mixed properties. However, said board shall not receive or disburse any funds from the avails of the tax levy provided in Section 55-19-7 or from the avails of any bonds issued or sold under the provisions of Section 55-19-17 until all of the original and necessary four (4) counties have agreed to levy the tax and the creation and organization of the Bienville Recreational District has been ratified as provided in Section 55-19-11.

Miss. Code Ann. § 55-19-31 Assessment and collection of taxes; annual budget.

The ad valorem tax levies from the member counties shall be made, assessed and collected in the manner provided by general law for other county tax levies. The gross proceeds thereof shall be transmitted by county warrant from time to time to the secretary-treasurer of the district who shall forthwith deposit the same in one or more public depositories within the district which the board of directors is authorized to establish in the manner now provided by law for the selection of county depositories. The board of directors shall make no expenditure until an annual budget for the operation of the district has been approved by the legislature after consideration by and upon recommendation of the legislative budget office.

Miss. Code Ann. § 55-19-33 Bond of district directors and employees.

The directors and all employees having responsibilities for the fiscal affairs of the district shall be covered by a reasonable blanket bond, the premium on which shall be paid from any funds available to the district.

Miss. Code Ann. § 55-19-35 Relocation of federal roads, highways, parkways or facilities.

The board of directors of the district is hereby authorized and empowered to negotiate and contract with the United States of America, or any agency thereof, concerning all lands, easements and rights-of-way necessary for the relocation of any federal road, highway or parkway or for the facilities appurtenant thereto.

Miss. Code Ann. § 55-19-37 Joint activities with other governmental organizations.

The district shall have authority to act jointly with other political subdivisions of the state and agencies, commissions and instrumentalities, and with the federal government and other agencies thereof, in the performance of the purposes and services authorized in this chapter, upon such terms as may be agreed upon by the directors. The board of directors of the district shall have the authority to negotiate and contract with the secretary of the army under the provisions of Public Law 653, 85th Congress, or other applicable law or regulation written pursuant thereto.

Miss. Code Ann. § 55-19-39 Construction contracts.

All construction contracts by the district where the amount of the contract shall exceed ten thousand dollars ($10,000.00) shall, and construction contracts of less than ten thousand dollars ($10,000.00) may, be made upon at least three (3) weeks’ public notice. Such notice shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed in such notice for the receipt of bids, and the last publication shall be made not more than seven (7) days prior to such date. The notice shall state the thing to be done and invite sealed proposals, to be filed with the secretary of the district, to do the work. In all such cases, before the notice shall be published, plans and specifications for the work shall be prepared by a registered professional engineer and shall be filed with the secretary of the district and there remain. The board of directors of the district shall award the contract to the lowest responsible bidder who will comply with the terms imposed by such directors and enter into bond with sufficient sureties to be approved by the directors in such penalty as shall be fixed by the directors; but in no case shall such bond be less than the contract price, conditioned for the prompt, proper and efficient performance of the contract. Contracts of less than ten thousand dollars ($10,000.00) may be negotiated; however, the board of directors shall invite and receive written proposals for the work from at least three contractors regularly engaged in the type of work involved.

Miss. Code Ann. § 55-19-41 Effect of restrictions in other laws.

The provisions of any other law, general, special or local, except as provided in this chapter, shall not limit or restrict the powers granted by this chapter.

Miss. Code Ann. § 55-19-43 Exemption from taxation of projects or bonds.

The accomplishment of the purposes stated in this chapter being for the benefit of the people of this state and for their improvement, the district in carrying out the purposes of this chapter will be performing an essential public function and shall not be required to pay any tax or assessment on the projects and related facilities or any part thereof. The interest on the bonds issued hereunder shall at all times be free from taxation within this state, and the state hereby covenants with the holder of any bonds to be issued hereunder that the Bienville Recreational District shall not be required to pay any taxes or assessments imposed by the state or any of its political subdivisions or taxing districts.

Miss. Code Ann. § 55-19-45 Grants or advancements of funds by counties.

Any county which is within the territorial limits of the district may grant or advance funds to said district to pay the preliminary expenses, including engineers’ reports, attorney fees, organization or administration expenses, on such terms of repayment as the governing body of such county shall determine. Notwithstanding the provision of any law to the contrary, any such county is authorized and empowered to borrow money for a period not to exceed one (1) year from the date of such borrowing, for the purpose of making such grants or advances. The board of directors is hereby authorized to repay any such advances from the proceeds of any funds for bonds issued under the provisions of this chapter. The said district is authorized to expend all funds coming into its depository for any legitimate purpose authorized by this chapter.

Miss. Code Ann. § 55-19-47 Construction of chapter.

Nothing in this chapter shall be construed to violate any provision of the federal or state constitutions, and all acts done under this chapter shall be done in such manner as will conform thereto, whether therein expressly provided or not. Where any procedure thereunder may be held by any court to be violative of either of such constitutions, the district shall have the power by resolution to provide any alternative procedure conformable with such constitutions. If any provisions of this chapter shall be invalid, such fact shall not affect the creation of the district or the validity of any other provision of this chapter, and the legislature here declares that it would have permitted the creation of the district and enacted the valid provisions of this chapter, notwithstanding the invalidity of any other provision or provisions thereof.

Miss. Code Ann. § 55-19-49 Distribution of funds to member counties.

After the payment of any costs or expenses incurred under Section 55-19-1 et seq., all charges, tolls, rates, gifts, grants, bequests, monies, tax proceeds and all other funds from any source whatsoever, with accrued interest, if there be any, which came into the possession of the Bienville Recreational District by virtue of the provisions of Section 55-19-1 et seq., shall be distributed to the member counties on the same basis that said funds were received from the member counties. Real, personal or mixed property shall be sold at a fair market value and the proceeds therefrom shall be distributed to member counties on a pro rata basis. All funds distributed to the member counties shall be deposited into the general fund of the county.

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