1998 Regular Session
To: Ports and Marine Resources
By: Senator(s) Hewes
Senate Bill 2928
(As Sent to Governor)
AN ACT TO AMEND SECTION 59-9-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTY DEVELOPMENT COMMISSIONS TO EMPLOY REAL ESTATE BROKERS AND APPRAISERS FOR THE OPERATIONS, DEVELOPMENT AND ADVANCEMENT OF THE HARBORS AND PORTS OF THE COUNTIES, AND TO PAY REASONABLE COMMISSION THEREFOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 59-9-27, Mississippi Code of 1972, is amended as follows:
59-9-27. (1) All improvements constructed by the board of supervisors of any county under the provisions of this chapter or under the provisions of any local and private act conferring upon the board of supervisors the authority to engage in port, harbor or channel improvements or development, shall be under the jurisdiction of and operated and maintained by such county port authority. It shall be the duty of such county port authority, from time to time, to make recommendations to the board of supervisors of such county concerning expenditures, maintenance, operation and development of the harbors or port facilities of such county, and to submit annually to such board of supervisors a proposed budget for the operation and maintenance of such harbors and port facilities, which recommendations and budget shall be subject to the approval of the board of supervisors.
(2) In any county having a county development commission, all improvements constructed, including acquisition of land authorized under the provisions of this chapter, shall be constructed, operated and maintained by the county development commission. It shall be the duty of such county development commission, from time to time, to make recommendations to the board of supervisors of such county concerning expenditures, maintenance, operation and development of the harbors or port facilities of such county and the tourism and service facilities authorized under this chapter, and to submit annually to such board of supervisors a proposed budget for the operation and maintenance of such harbors and port facilities and tourism and service facilities, which recommendations and budget shall be subject to the approval of the board of supervisors. The said development commission shall have, and is hereby given, the authority and power to enter into contracts for the performance of all work, including acquisition of land, authorized under this chapter and to expend funds made available therefor, provided that all such expenditures by such commission shall be audited by the county auditor, who shall monthly report such expenditures to the board of supervisors. In letting contracts, and in advertising for bids therefor, the development commission shall comply with all the requirements of the general laws of the State of Mississippi covering the advertisement for bids and the letting of contracts by county boards of supervisors and such commission shall have full power and authority to employ engineers, attorneys, real estate brokers and appraisers, and other professional and technical assistance in and about the operations, development and advancement of the harbors and ports of such county and the tourism and service facilities authorized under this chapter and to pay reasonable compensation or commission therefor. Any capital expenditures or proposals to employ professional or technical assistance which does not exceed Twenty-five Thousand Dollars ($25,000.00) may be undertaken by the commission without approval of the board of supervisors and any capital expenditure or proposal to employ professional and technical assistance which exceeds the sum of Twenty-five Thousand Dollars ($25,000.00) shall not be undertaken except upon approval by the board of supervisors by appropriate order spread upon its minutes.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.