MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Local and Private Legislation

By: Representatives Davis, King, Watson

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF FORREST COUNTY, MISSISSIPPI, TO CREATE AND APPOINT A COUNTY RECREATION COMMISSION TO MANAGE, OPERATE AND MAINTAIN ONE OR MORE COUNTY RECREATIONAL FACILITIES AS MAY BE ASSIGNED OR DESIGNATED TO THE COMMISSION BY THE BOARD OF SUPERVISORS; TO SET FORTH THE POWERS AND DUTIES OF THE COMMISSION; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. For purposes of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(a) "Board of supervisors" and "board" means the Board of Supervisors of Forrest County, Mississippi;

(b) "Commission" means the county recreation commission authorized by Section 2 of this act;

(c) "Commissioners" means the recreation commissioners authorized by Section 2 of this act.

SECTION 2. The board of supervisors is hereby authorized and empowered, at its discretion, to create and establish a county recreation commission to control, manage, operate, maintain, enlarge, construct and equip any county recreational facility or facilities as may be assigned or designated to the commission by the board of supervisors and to establish, implement and maintain recreation programs of any and all kinds, types and descriptions whatsoever in conjunction with the facility or facilities as assigned or designated to the commission. If created by the board of supervisors, the commission shall be composed of seven (7) commissioners to be appointed by the board of supervisors. Each commissioner shall be a qualified elector of the county. There shall be one (1) member appointed from each of the five (5) supervisors districts of the county and two (2) members shall be appointed at large from any area of the county. Initially the commissioners shall be appointed as follows: one (1) for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; one (1) for a term of four (4) years; and one (1) for a term of five (5) years. Appointments exceeding five (5) in number shall be for terms of four (4) and five (5) years, respectively. Thereafter, all terms shall be for five (5) years. Any vacancy on the commission shall be filled within ninety (90) days by appointment of the board for the remainder of the unexpired term. The commissioners shall receive such compensation as may be provided by the board. The commission shall elect one (1) of its members as chairman and another as treasurer, and the treasurer shall give bond in such amount as the board of supervisors shall require, payable to the county. The commissioners shall serve at the will and pleasure of the board of supervisors, and the board shall have the power to remove and replace by majority vote any member of the commission.

SECTION 3. The board of supervisors may allocate, appropriate, budget and pay to such commission annually such funds as may be necessary to properly operate and maintain the recreational facility or facilities and programs as assigned or designated to the commission by the board of supervisors. All funds in the hands of the commission shall be placed in the county depository and shall be considered county funds.

The county recreation commission shall devote all monies allocated for such purpose by the board of supervisors, by gift, by revenue, or from any other source, for the payment of all maintenance and operating expenses, the purchase of parks and equipment, the erection and construction of buildings, the repair and replacement thereof, and for the extension of recreational facilities and programs for the wholesome and healthful recreation of all citizens of the county. The board of supervisors is authorized and empowered to fund the commission from the county general fund.

The commission shall have full jurisdiction of all funds coming into its possession either by allocation by the board of supervisors or by gift or by revenue derived by operation of the recreational facilities assigned to the commission by the board, and the commission shall have authority to make all contracts in relation to the use of such funds.

SECTION 4. The commission shall have the following additional powers and duties:

(a) To make such bylaws for the holding and conducting of its meetings and such other regulations as it may deem necessary for the safe, economic and efficient management of all recreational facilities placed under its jurisdiction by the board of supervisors;

(b) To elect such officers and employ or appoint such employees as may be necessary to perform administrative duties and to maintain the recreational facilities which are placed under the jurisdiction and care of the commission by the board of supervisors;

(c) To fix the salary or wage of all employees and to direct them in the discharge of their duties;

(d) To discharge employees when found inefficient or for other good cause;

(e) To establish rates and collect proceeds or fees for use of the recreational facilities and for the use of any other amusement device that may be installed as well as the leasing of concessions or privileges for the sale of soft drinks, confections, popcorn, peanuts or other such articles, or the commission, in its discretion, may operate such concession business;

(f) To make a detailed statement, including a copy of the commission's annual audit, covering the entire management and operation of the recreational facilities assigned to its control and to make any recommendations which it may have for the further development of recreational facilities or programs in the county;

(g) To report at least quarterly to the board of supervisors concerning its actions, programs and transactions and make a complete statement of the financial condition of such commission at the end of each quarter;

(h) To insure all property placed under the jurisdiction and control of the commission by the board of supervisors against loss by fire and tornado and to carry property damage and other miscellaneous casualty insurance as the commission, in its discretion, may deem proper, and to pay premiums therefor out of the funds appropriated by the board of supervisors or revenues derived in the operation of such recreational facilities; and

(i) To conduct business, including all purchases and contracts made and entered into, in the manner provided by law regarding purchasing and contracting requirements upon the board of supervisors.

SECTION 5. All employees of the commission shall be considered county employees.

SECTION 6. This act shall be liberally construed to promote the efficient maintenance and operation of the recreational facilities and property as assigned to the commission by the board of supervisors to the end that it may result in the improvement of the general health, entertainment and happiness of the citizens of Forrest County.

SECTION 7. The commission as herein provided and authorized may be abolished at any time by resolution of the Forrest County Board of Supervisors, and, upon abolition, all power and authority of the commission shall revert back to the board of supervisors.

SECTION 8. The fiscal year of the commission shall run concurrently with the fiscal year of the county.

SECTION 9. This act shall take effect and be in force from and after its passage.