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Mississippi Statutes, Title 59

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Mississippi/Statutes

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Title 59, Ports, Harbors, Landings and Watercraft

14 chapters · 305 sections in this title.

All chapters in Title 59305 Ch 7, County and Municipal Harbors75 Ch 9, County Port Authority or Development…43 Ch 21, Boats and Other Vessels41 Ch 5, State Ports and Harbors35 Ch 17, State Inland Ports29 Ch 1, Harbor or Port Commissions; Powers o…24 Ch 3, Ports of Entry11 Ch 15, Small Craft Harbors10 Ch 25, Certificates of Title for Boats and …9 Ch 13, Harbor Improvements by Coast Counties8 Ch 19, Landings8 Ch 6, Compact for Development of Deep Draf…4 Ch 11, County Port and Harbor Commission4 Ch 23, Alcohol Boating Safety Act4

305 sections·Filtered byTitle 59✕

Miss. Code Ann. § 59-5-37 Employment of personnel, execution of contracts, etc., for development, promotion, maintenance, etc., of ports, harbors, rivers, etc.; suits by and against state port authority; advertising and bidding requirements for contracts or purchases; use of design-build method of contracting [Subsection (3) repealed effective July 1, 2027]
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(1) The board or State Port Authority, in the performance of its duties, may employ such personnel and make all contracts and purchases incidental to or necessary for the advancement, promotion, development, establishment, insurance, maintenance, repair, improvement and operation…
Miss. Code Ann. § 59-5-39 Acquisition of rights of way, land, etc
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For the acquiring of rights-of-way, land and property including existing easements, restrictive covenants and reversionary estates necessary for the purposes herein authorized, the board shall have the right and power to acquire the same by purchase, negotiation or condemnation, …
Miss. Code Ann. § 59-5-41 State bonds; issuance, terms, and conditions; interim financing of construction projects
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The board is hereby authorized, at one time or from time to time, to petition by resolution to the State Bond Commission for the issuance of negotiable bonds of the State of Mississippi by the State Bond Commission to provide funds for the purpose of paying all or any part of the…

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Miss. Code Ann. § 59-5-43 Negotiability of bonds; exemption from taxation

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All bonds and interest coupons issued under the provisions of this chapter shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code and in exercising the powers granted by th…

Miss. Code Ann. § 59-5-45 Manner and price of sale of bonds; interest; maturity and redemption

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The State Bond Commission shall sell such bonds at public sale or private sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no sale shall be made at a price of less than ninety-eight percent (98%) of par, plus accrued intere…

Miss. Code Ann. § 59-5-47 Disposition of proceeds of bonds

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The proceeds of bonds issued under authority of this chapter shall be paid into a special fund or funds in banks qualified to act as depositories for the city or county in which the port or harbor is located, allocated in such equitable manner as the board may determine and such …

Miss. Code Ann. § 59-5-49 Validation of bonds

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Such bonds as are authorized by this chapter may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. The bonds authorized under the authority of …

Miss. Code Ann. § 59-5-5 Construction of chapter

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(1) This chapter shall be construed liberally and broadly to effectuate the policy and purposes herein set out. (2) This chapter shall be deemed to be full and complete authority for the exercise of the powers herein granted, but this chapter shall not be deemed to repeal or to b…

Miss. Code Ann. § 59-5-51 Payment of interest and principal on bonds; limitation on amount of bonds issued

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(1) The bonds issued under the provisions of this chapter shall be payable from the special fund provided therefor as hereinafter set out and shall be the general obligations of the State of Mississippi and backed by the full faith and credit of the state, and if the funds suppli…

Miss. Code Ann. § 59-5-53 Withdrawals of bond proceeds from special fund

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The funds which are transferred from the sale of bonds under this chapter to the special fund in the qualified depositories set up for each separate port, harbor, or part thereof may be withdrawn only in the following manner: said funds shall be paid by such qualified depositorie…

Miss. Code Ann. § 59-5-55 Use of net revenues, rents, and earnings from state owned ports

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All net revenues, rents, and earnings from the operation or maintenance of any state owned port or harbor, or any part thereof, shall be set aside by the board exclusively for the payment of any bonds issued by the state for such port or harbor, or any part thereof, and shall not…

Miss. Code Ann. § 59-5-57 Payment of county’s share of state ad valorem taxes for harbor purposes to state port authority

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In the event of state ownership of any port or harbor, in its entirety, in any county which may now or hereafter be authorized by law to receive a portion of the state ad valorem tax for port or harbor purposes, such portion of the state ad valorem tax shall be paid to the state …

Miss. Code Ann. § 59-5-59 Allocation of revenues, rents and earnings to payment of bonds; sinking fund

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(a) The net revenues, rents, and earnings derived from any planned development or the net revenues, rents, and earnings received by the board produced by a state port, harbor, or part thereof, for which bonds have been issued, shall be pledged and allocated by the board to the pa…

Miss. Code Ann. § 59-5-61 Refunding bonds

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The board is authorized to provide by resolution for the issuance of refunding bonds by the state bond commission for the purpose of refunding any bonds issued under the provisions of this chapter and then outstanding, together with interest thereon to the date of such refunding …

Miss. Code Ann. § 59-5-63 Bonds as legal investments and securities for deposits of public funds

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All bonds issued under the provisions of this chapter shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies, the board of trustees of the public employees’ retirement system, and insurance companies organized under the laws of the S…

Miss. Code Ann. § 59-5-65 Representation of State Bond Commission by Attorney General; payment of costs of sale, issuance and delivery of bonds

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Except as otherwise authorized in Section 7-5-39, the Attorney General of the State of Mississippi shall represent the State Bond Commission in issuing, selling and validating bonds herein provided for. The State Bond Commission is hereby authorized and empowered to pay the costs…

Miss. Code Ann. § 59-5-67 Annual audit of state port authorities

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The books and accounts of all state port authorities shall be audited at the end of each fiscal year by the state auditor. A copy of the audit shall be filed with the governor, the state auditor, the state fiscal management board, legislative budget office and the Mississippi Boa…

Miss. Code Ann. § 59-5-69 Annual budget of state port authorities

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Each state port shall adopt a complete, detailed and itemized budget for each fiscal year and all expenditures shall be made only pursuant to appropriation approved by the legislature and as provided by law.

Miss. Code Ann. § 59-5-7 Activities of board and state port authority pursuant to chapter as governmental functions

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The carrying out of the corporate purposes of the board and the state port authority hereinafter created is in all respects for the benefit of the people of the State of Mississippi and is a public purpose, and the board and such state port authority will be performing an essenti…

Miss. Code Ann. § 59-5-9 Implementation of public policy by board; discretion of board; construction of rights, powers and duties of board

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There is hereby vested in the board the duty to implement such declared public policy as herein provided. Wide latitude and discretion shall be vested in the board in the exercise of its powers and duties, and the enumeration of specific rights, powers, and duties of said board, …

Miss. Code Ann. § 59-6-1 “Deep Draft Harbor and Terminal” defined

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For the purpose of this chapter, the term “Deep Draft Harbor and Terminal” means a structure, series of structures, or facility of any type located on the continental shelf off the coast designed to accommodate deep draft vessels whose draft is greater than the depths of the pres…

Miss. Code Ann. § 59-6-3 Authorization of compact

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The governor, on behalf of this state, is hereby authorized to execute a compact, in substantially the form as provided hereinafter, with the State of Alabama.

Miss. Code Ann. § 59-6-5 Basic form of compact

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The basic form of the compact shall be as follows: ARTICLE I. The purpose of this compact is to promote the development of a deep draft harbor and terminal to be located on the continental shelf of the United States, in the Gulf of Mexico, and to establish a joint interstate auth…

Miss. Code Ann. § 59-6-7 Grant of powers; authority and duties of state officers; appointment of members of authority

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There is hereby granted to the governor, to the members of the Gulf Coast Superport Development Authority for Mississippi and to the compact administrator all the powers provided for in said compact and in this chapter. All officers of the State of Mississippi are hereby authoriz…

Miss. Code Ann. § 59-7-1 Payment of portion of state ad valorem taxes collected by certain counties into county depository

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In all counties in the State of Mississippi in which there is located a harbor or port of entry where commodities are exported to foreign nations, and where there is maintained a channel and/or harbor or port to a depth of not less than twenty feet, the tax collector of said coun…

Miss. Code Ann. § 59-7-11 Authorization for issuance of bonds generally

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The authorities of any municipality in which there is situated and located in whole or in part a port of entry through which commodities are imported or exported are hereby given authority to issue bonds or other obligations to construct all needful improvement or improvements in…

Miss. Code Ann. § 59-7-13 Details of bonds; supplemental powers and authorizations for issuance of bonds

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All of the bonds issued pursuant to the authority set forth in Section 59-7-11 shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, and shall be in sums not less than one hundred dollars ($100.00) nor more than one thousand dollars …

Miss. Code Ann. § 59-7-15 Conduct of bond issue election generally

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Before issuing the bonds authorized by Section 59-7-11, the corporate authorities shall by resolution spread upon the minutes, declare their intention of issuing said bonds, fixing in said resolution the maximum amount thereof, and the purpose for which they are issued and where …

Miss. Code Ann. § 59-7-17 Qualifications of electors; form and marking of ballots; issuance of bonds without election

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At an election required by Section 59-7-15, all qualified electors of said municipality may vote, and the ballots used shall have printed thereon a brief statement of the amount and purpose of the proposed bond issue and the words, “For the bond issue,” and the words, “Against th…

Miss. Code Ann. § 59-7-19 Issuance of bonds; maturities, interest, and execution; payment of principal and interest on bonds

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Should the election provided for in Sections 59-7-15 and 59-7-17 result in favor of the issuance of the bonds, the corporate authorities may issue said bonds, either in whole or in part within one (1) year after the date of such election or within (1) year after final favorable d…

Miss. Code Ann. § 59-7-21 Disposition of proceeds from bonds; penalty for diversion; guarantee of payment

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The proceeds of any bonds issued under the authority of this article shall be placed in the municipal treasury or depository, if there be one, as a special fund and shall be used for no other purpose than the purpose set forth in the original resolution of the corporate authoriti…

Miss. Code Ann. § 59-7-3 Port fund

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The board of supervisors of the county or counties designated in section 59-7-1 shall place all money so retained and collected in the county depository in the county to the credit of a fund which shall be known as a port fund, and such fund so deposited shall be used only for th…

Miss. Code Ann. § 59-7-5 Authorization of municipal harbor improvements

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The authorities of any municipality in which there is situated and located, in whole or in part, a port of entry through which commodities are imported and exported to foreign nations, which maintains a channel and/or harbor to a depth of not less than twenty feet, are hereby giv…

Miss. Code Ann. § 59-7-7 Operation of improvements; disposition of revenues; annual report

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All improvements, constructed by and under the provisions of this article, shall be operated under the control of a port commission as provided in Chapter 1 of this title. All revenue created or collected from the use of said docks, harbors and facilities of whatsoever nature sha…

Miss. Code Ann. § 59-7-9 Expenditure of funds arising under article; bonds generally

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All monies accruing by virtue of this article, either through revenues, tariffs, or bonds, or through other sources, shall be expended at the direction of the port commission appointed for any port of entry, as designated herein, and any bond issue hereunder by any municipality, …

Miss. Code Ann. § 59-7-101 Nature and application of article

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This article is supplementary and in addition to Article 1 of this chapter, and shall not apply to any county or counties of the state already receiving two mills of the state ad valorem taxes for port or harbor purposes.

Miss. Code Ann. § 59-7-103 Port fund; procedure for bringing county within provisions of article

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(1) In order to provide for the improvement, promotion, development, construction, maintenance and operation of harbors or ports in counties having or hereafter providing harbors or ports where wharf or terminal or other facilities exist for the handling of inbound or outbound wa…

Miss. Code Ann. § 59-7-105 Issuance of bonds by board of supervisors

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To provide additional or supplemental funds for the aforesaid purposes, and in connection therewith to acquire and develop water, air and rail terminals, rail lines, and such other structures, facilities, lands, property or rights therein needful for the convenient use of the sam…

Miss. Code Ann. § 59-7-107 Details of bonds; supplemental powers and authorizations as to bond issues

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All bonds authorized by Section 59-7-105 shall be negotiable instruments within the meaning of the Mississippi Uniform Commercial Code, shall be lithographed or engraved, and printed in two (2) or more colors, to prevent counterfeiting, shall be registered as issued, shall be num…

Miss. Code Ann. § 59-7-109 Maturities of bonds; interest

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All bonds authorized by Section 59-7-105 shall mature annually, with all maturities not longer than twenty (20) years, with not less than one-fiftieth (1/50) of the total issue to mature each year during the first five (5) years of the life of such bonds, not less than one-twenty…

Miss. Code Ann. § 59-7-111 Levy of special tax for payment of principal and interest on bonds; port bonds interest and sinking fund

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The board of supervisors of any county which shall have issued bonds under the provisions of this article shall, unless there be sufficient funds otherwise available therefor in the port bonds interest and sinking fund, annually levy a special tax upon all of the taxable property…

Miss. Code Ann. § 59-7-113 Resolution of intention to issue bonds; bond issue election generally

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Before issuing any bonds for any of the purposes herein enumerated, the board of supervisors shall adopt a resolution declaring its intention so to do, stating the amount of bonds proposed to be issued and the purpose for which the bonds are to be issued, and the date upon which …

Miss. Code Ann. § 59-7-115 Notice of election on bond issue

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Where an election is to be called, as provided in Section 59-7-113, notice of such election shall be signed by the clerk of the board of supervisors and shall be published once a week for at least three consecutive weeks, in at least one newspaper published in such county. The fi…

Miss. Code Ann. § 59-7-117 Conduct of election on issue of bonds; qualifications of electors; form and marking of ballots

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The election provided for in Sections 59-7-113 and 59-7-115 shall be held, as far as is practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of such county may vote, and the ballots used at such election shall have prin…

Miss. Code Ann. § 59-7-119 Duties of board of supervisors as to elections

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When the results of the election on the question of the issuance of bonds under the provisions of this article shall have been canvassed by the election commissioners of such county and certified by them to the board of supervisors of such county, it shall be the duty of such boa…

Miss. Code Ann. § 59-7-121 Disposition of proceeds of bond issues; penalties for diversion

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The proceeds of any bonds issued by any county pursuant to the provisions of this article shall be placed in the county treasury or depository, if there be one, in a special fund and shall be expended by the board of supervisors of such county for the purpose or purposes for whic…

Miss. Code Ann. § 59-7-123 Transfer of proceeds of bond issue to port bonds interest and sinking fund

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Whenever a balance shall remain in the proceeds of any bond issue after the purpose for which such bonds were issued shall have been accomplished, such balance shall forthwith be transferred to the port bonds interest and sinking fund hereinabove provided for.

Miss. Code Ann. § 59-7-125 Port commission; composition, dissolution, oath, bond, terms and quorum

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(1) All improvements constructed by the board of supervisors under the provisions of this article shall be operated and maintained by a port commission composed of five (5) residents of such county who shall be qualified electors therein. Such commission shall have jurisdiction o…

Miss. Code Ann. § 59-7-127 Meetings; officers

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When such port commissioners provided for in Section 59-7-125 shall have been appointed and shall have been qualified as set out herein, they shall meet at the regular meeting place of the board of supervisors of such county, after giving at least five days’ notice of the time an…

Miss. Code Ann. § 59-7-129 Powers and duties of commission generally

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The duties and powers of such port commission provided for in Section 59-7-125 shall be the same as those which are set forth and prescribed in Sections 59-1-9 and 59-1-27, except that the salary of the port director shall be subject to the approval of the board of supervisors.