MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Local and Private

By: Senator(s) Hewes, Gollott, Woodfield, Cuevas

AN ACT TO CREATE THE HARRISON COUNTY TRANSPORTATION COMMISSION TO BE COMPOSED OF REPRESENTATIVES OF THE GOVERNING AUTHORITIES OF HARRISON COUNTY AND THE CITIES OF BILOXI, GULFPORT, D'IBERVILLE, LONG BEACH AND PASS CHRISTIAN; TO GRANT THE COUNTIES AND MUNICIPALITIES CERTAIN POWERS; TO PROVIDE FOR THE ORGANIZATION OF THE COMMISSION; AND FOR RELATED PURPOSES.

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

SECTION 1. Whenever used in this act, the following words and terms shall have the following respective meanings unless the context otherwise clearly requires:

(a) "Board of supervisors" means the Board of Supervisors of Harrison County, Mississippi.

(b) "Municipalities" means the City of Biloxi, Mississippi, the City of Gulfport, Mississippi, the City of D'Iberville, Mississippi, the City of Long Beach, Mississippi, and the City of Pass Christian, Mississippi.

(c) "Commission" means the Harrison County Transportation Commission.

(d) "Transportation routes and facilities" means all needed transportation routes and all necessary support facilities, for present and future transportation needs, within Harrison County and its municipalities.

SECTION 2. There is hereby created and established the Harrison County Transportation Commission. The commission shall be deemed to be acting in all respects for the benefit of the people of Harrison County in the performance of essential public functions as it seeks to plan, promote and develop needed transportation routes and facilities within Harrison County and its municipalities.

The commission shall be empowered, in accordance with the provisions of this act, to promote the general transportation needs of Harrison County and its citizens.

SECTION 3. The board of supervisors and the municipalities, in their discretion, by resolution duly adopted and entered upon their respective minutes, may:

(a) Contribute, out of any available funds, an amount not to exceed One Million Dollars ($1,000,000.00), in the aggregate, per fiscal year, to support the work of the commission. Such contributions may be paid according to an agreed upon schedule approved by the commission, the board of supervisors and the municipalities;

(b) Apply and contract for and accept any grants or gifts or loans or appropriations of funds or property or financial or other aid in any form from the United States or any instrumentality thereof, or from the State of Mississippi or any instrumentality thereof, or from any source, public or private and to comply with and make agreements with respect to the terms and conditions thereof;

(c) Employ architects, engineers, attorneys, financial advisors and such other consultants as it deems proper; to fix and pay their compensation and appoint and retain such officers, agents and employees as it deems proper; and to fix and pay their compensation;

(d) Use equipment and personnel of the board of supervisors and the municipalities in the support, promotion and development of the work and purpose of the commission, as may be necessary or desirable;

(e) To do and perform any acts and things authorized by this act under, through or by means of its officers, agents and employees, or by contracts with any person; and

(f) To enter into any and all contracts, execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the commission or to carry out any power expressly granted by this act.

SECTION 4. The commission, and all its powers and duties, shall be vested in a fifteen-person board of directors, which shall consist of the five (5) members of the Harrison County Board of Supervisors; the mayor of each of the five (5) municipalities; and the president of each of the five (5) councils and/or board of alderman of each municipality within Harrison County.

All actions taken by the commission with regard to expenditures in excess of Twenty-five Thousand Dollars ($25,000.00) shall require a two-thirds (2/3) vote of all members of the commission. All expenditures of Twenty-five Thousand Dollars ($25,000.00) or less shall require a majority vote of all members of the commission.

Each director may appoint a delegate to represent him at a meeting or meetings of the board of directors.

SECTION 5. (1) The board of directors may elect or appoint and prescribe the duties of such officers as the board of directors deems necessary or advisable, including an executive director and secretary. The executive director may, at the direction of the board of directors, also serve as secretary.

(2) The commission shall adopt a set of bylaws, which may include such provisions that it deems appropriate, but shall include provisions for the following:

(a) Procedures and times for its meetings, following Roberts Rules of Order, and complying with the Open Meetings Law of Mississippi, Section 25-41-1 et seq., Mississippi Code of 1972.

(b) The commission shall make a bi-monthly written report to the board of supervisors and the governing authorities of the municipalities as to the current operational and financial status of the commission.

(c) Provide that all commission funds shall be kept in an appropriate depository under the supervision of the Chancery Clerk of Harrison County, Mississippi, who shall, annually, cause a complete review of the books and accounts of the commission and provide a copy of such review to the Board of Supervisors and the governing authorities of the municipalities of Harrison County, Mississippi.

SECTION 6. This act shall take effect and be in force from and after its passage.