2000 Regular Session
By: Senator(s) Minor
Senate Bill 3194
(As Sent to Governor)
AN ACT TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE OF MISSISSIPPI IN THE AMOUNT OF $3,000,000.00 FOR THE PURPOSE OF ASSISTING PUBLIC UTILITY DISTRICTS ESTABLISHED BY THE COUNTY FOR THE PROVISION OF SERVICES FOR MASTER PLANNED COMMUNITIES FOR THE CONSTRUCTION FOR MASTER PLANNED COMMUNITY OR WATER PRODUCTION AND DISTRIBUTION FACILITIES AND WASTEWATER TREATMENT AND COLLECTION FACILITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Accreted value" of any bond means, as of any date of computation, an amount equal to the sum of (i) the stated initial value of such bond, plus (ii) the interest accrued thereon from the issue date to the date of computation at the rate, compounded semiannually, that is necessary to produce the approximate yield to maturity shown for bonds of the same maturity.
(b) "State" means the State of Mississippi.
(c) "Commission" means the State Bond Commission.
(d) "Master planned community" means a development by one or more developers of real estate consisting of residential, commercial, educational, health care, open space and recreational components that is developed pursuant to a long range, multi-phase master plan providing comprehensive land use planning and staged implementation and development and the master plan must include the following minimum provisions:
(i) The real estate described in the master plan must consist of at least three thousand five hundred (3,500) acres of which not less than fifty percent (50%) of the total dwelling units planned for such acreage must be:
A. Dwelling units within a certified retirement community certified by the Mississippi Department of Economic and Community Development; or
B. Dwelling units where at least one (1) occupant:
1. Is sixty-two (62) years of age; or
2. Receives pension income reported on his most recent federal income tax return filed prior to occupancy; or
3. Declares himself to be retired.
(ii) The real estate described in the master plan must be subjected to a set of land use restrictions imposed by deed restriction or restrictive covenants recorded by the developer in the land records of the chancery clerk of the county as land is developed and sold in phases to users. Such restrictions shall include design guidelines and standards that provide for:
A. Internal community self-governance by the owners of the property;
B. The establishment of one or more legal persons endowed with the powers, rights and duties to administer, manage, own and maintain common areas, establish community activities and enforce the land use restrictions on the common areas and private property; and
C. The establishment of assessments and lien rights to fund amenities, services and maintenance of common areas.
(iii) The real estate described in the master plan must be within the territorial boundaries of one or more public utility districts established by the county for the provision of water and sewer facilities and water and sewer services.
The master plan for a master planned community shall be subject to modification from time to time by the original owner or owners of the real estate described in the initial master plan, its affiliates, successors or assigns, to meet changing economic and market conditions.
Once a dwelling unit has met the criteria provided for in item (i)B of this paragraph (d), such dwelling unit shall thereafter be included in the fifty percent (50%) requirement provided for in item (i) of this paragraph (d) notwithstanding the fact that subsequent thereto the dwelling unit is occupied by persons who do not meet the criteria provided for in item (i)B of this paragraph (d).
As used in this paragraph (d) the term "dwelling unit" means single-family residences, apartments or other units within a multi-family residence, or a room or apartment in a nursing home or congregate-care facility.
SECTION 2. (1) (a) A special fund, to be designated as the "Mississippi Master Planned Community Environmental Protection 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 to the credit of the fund. Monies in the fund may not be used or expended for any purpose except as authorized under this act.
(b) Monies deposited into the fund shall be under the direction of the Department of Economic and Community Development, and shall be disbursed, in the discretion of the department, in combination with funds from other sources, to provide funding to public utility districts established by the county for the provision of services to master planned communities for the construction for such master planned communities of water production and distribution facilities and wastewater treatment and collection facilities, including, but not limited to, costs of construction; costs of engineering and other professional fees pertaining to planning, design and supervision of construction and to applying for and obtaining environmental permits and other related permits; costs of environmental studies necessary to obtain environmental permits and other related permits and costs of providing mitigation necessary to obtain environmental permits and other related permits.
(2) Amounts deposited into such special fund shall be disbursed to pay the costs of the projects authorized in subsection (1) of this section. If any monies in such special fund are not used within four (4) years after the date the proceeds of the bonds authorized under this act are deposited into the special fund, the Department of Economic and Community Development shall provide an accounting of such unused monies to the commission. Promptly after the commission has certified, by resolution duly adopted, that the projects authorized in subsection (1) 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 this act, in accordance with the proceedings authorizing the issuance of such bonds and as directed by the commission.
SECTION 3. For the purpose of providing for the payment of the principal of and interest upon bonds issued under the provision of this act there is hereby created in the State Treasury the "Master Planned Community Environmental Protection Bond Sinking Fund." Such sinking fund shall consist of the money required to be deposited into such fund pursuant to Section 4 of this act and such other amount as shall be paid into such fund by appropriation or other authorization by the Legislature. Funds required in excess of the amount available in the Master Planned Community Environmental Protection Bond Sinking Fund to pay the principal of and interest upon bonds issued under the provisions of this act shall be appropriated from the State General Fund.
SECTION 4. (1) Prior to the issuance of any bonds under this act, the Department of Economic and Community Development shall require the public utility district to enter into binding commitments to pay the annual debt service on the bonds issued to provide funds to such public utility district. A public utility district that receives funds provided under this act shall pledge the revenues received by the district for the provision of services to the master planned community for the payment of the annual debt service on the bonds issued to provide such funds, and such public utility district may pledge or assign contractual obligations, if any, to provide or guarantee such debt service by a private company or companies that have contracted with the public utility district to design, build, own and lease back, lease, operate or guarantee the debt service for all or part of any one or more facilities of the public utility district.
The Department of Economic and Community Development shall enter into an interlocal agreement with the county and the public utility district which shall provide that in the event the revenues of the district are insufficient to pay the annual debt service on the bonds issued to provide the funds, a special assessment ad valorem tax shall be levied on the real property served by the district in an amount sufficient to pay the annual debt service on such bonds. The county also shall pledge any part of the homestead exemption annual tax loss reimbursement to which it may be entitled under Section 27-33-77, to pay the annual debt service on such bonds in the event the revenues of the public utility district and the special ad valorem tax assessment are insufficient to pay the annual debt service on such bonds. All funds required to be paid by this subsection shall be deposited into the Master Planned Community Environmental Protection Bond Sinking Fund created under Section 3 of this act. The total of all payments deposited into the Master Planned Community Environmental Protection Bond Sinking Fund until the maturity date of the bonds authorized under this act shall be in an amount sufficient to retire such bonds, including debt service paid by the state during any period in which payments by the public utility district are deferred as provided in subsection (2) of this section.
(2) In accordance with the proceeding authorizing the issuance of the bonds, the Department of Economic and Community Development may provide in the resolution declaring the necessity for such bonds and in the agreements required in subsection (1) of this section that the payment of the debt service on the bonds issued to provide funds to the public utility district may be deferred for a period of time not to exceed three (3) years from the date of the issuance of the bonds.
(3) The Mississippi Department of Economic and Community Development, acting through its executive director, at one time, or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for all costs incurred or to be incurred for the purposes described in Section 2 of this act. Upon the adoption of a resolution by the Department of Economic and Community Development, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this section, the Department of Economic and Community Development shall deliver a certified copy of its resolution or resolutions to the commission. Upon receipt of such resolution, the commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell 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. The total amount of bonds issued under this act shall not exceed Three Million Dollars ($3,000,000.00). The bonds authorized under this act may not be issued after July 1, 2003.
(4) Any investment earnings on amounts deposited into the special fund created in Section 2 of this act shall be used to pay debt service on bonds issued under this act, in accordance with the proceedings authorizing issuance of such bonds.
SECTION 5. The principal of and interest on the bonds authorized under this act 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 75-17-101, 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 twenty-five (25) 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 commission.
SECTION 6. The bonds authorized by this act shall be signed by the chairman of the commission, or by his facsimile signature, and the official seal of the 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.
SECTION 7. All bonds and interest coupons issued under the provisions of this act have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by this act, the commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.
SECTION 8. The commission shall act as the issuing agent for the bonds authorized under this act, prescribe the form of the bonds, advertise for and accept bids, issue and sell 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 commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under this act from the proceeds derived from the sale of such bonds. The commission shall sell such bonds on sealed bids at public 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 bond shall be published at least one (1) 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 commission.
The commission, when issuing any bonds under the authority of this act, may provide that bonds, at the option of the state, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
SECTION 9. The bonds issued under the provision of this act shall be payable from the Master Planned Community Environmental Protection Bond Sinking Fund and are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds available in the Master Planned Community Environmental Protection Bond Sinking Fund and any funds appropriated by the Legislature for such purpose are insufficient to pay the principal of and the interest upon such bonds as they become due, the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the foregoing provisions of this section.
SECTION 10. Upon the issuance and sale of bonds under the provisions of this act, the commission shall transfer the proceeds of any such sale or sales to the special fund created in Section 2 of this act. The proceeds of such bonds shall be disbursed solely upon the order of the Executive Director of the Department of Economic and Community Development under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.
SECTION 11. The bonds authorized under this act 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 this act. Any resolution providing for the issuance of bonds under the provisions of this act 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.
SECTION 12. The bonds authorized under the authority of this act 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.
SECTION 13. Any holder of bonds issued under the provisions of this act 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 this act, or under such resolution, and may enforce and compel performance of all duties required by this act to be performed, in order to provide for the payment of bonds and interest thereon.
SECTION 14. All bonds issued under the provisions of this act 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.
SECTION 15. Bonds issued under the provisions of this act and income therefrom shall be exempt from all taxation in the State of Mississippi.
SECTION 16. The proceeds of the bonds issued under this act shall be used solely for the purposes therein provided, including the costs incident to the issuance and sale of such bonds.
SECTION 17. 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 this act; 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.
SECTION 18. This act shall be deemed to be full and complete authority for the exercise of the powers therein granted, but this act shall not be deemed to repeal or to be in derogation of any existing law of this state.
SECTION 19. This act shall take effect and be in force from and after July 1, 2000.