MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Local and Private Legislation
By: Representative Bounds, Nicholson, Malone
AN ACT TO AUTHORIZE THE CITY OF PHILADELPHIA TO CREATE THE PHILADELPHIA-NESHOBA COUNTY MUSEUM COUNCIL; TO PROVIDE THE COMPOSITION AND POWERS OF THE COUNCIL; TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF PHILADELPHIA AND NESHOBA COUNTY, MISSISSIPPI, TO CONTRIBUTE $25,000.00 EACH FOR THE PURPOSE OF PROVIDING FUNDS FOR THE OPERATION AND MAINTENANCE OF A MUSEUM IN THE CITY OF PHILADELPHIA AND NESHOBA COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby created the Philadelphia-Neshoba County Museum Council, hereinafter referred to as the "council." The council shall be composed of five (5) members who shall be known as directors.
(2) The council shall be composed of the following members:
(a) Two (2) members appointed by the governing authorities of the City of Philadelphia;
(b) Two (2) members appointed by the Board of Supervisors of Neshoba County, Mississippi; and
(c) One (1) member appointed by the Mississippi Band of Choctaw Indians.
(3) Each member of the council shall serve a five-year term or until his successor is appointed and qualified. Vacancies on the council shall be filled in the same manner as the original appointment for the unexpired term.
(4) Any director may be disqualified and removed from office for conviction of a felony or for failure to attend three (3) consecutive meetings without just cause.
(5) Before entering on the duties of office, each director shall enter into and give bond to be approved by the Secretary of State in the sum of Ten Thousand Dollars ($10,000.00), conditioned on the satisfactory performance of his or her duties. This bond premium shall be paid from the commission's funds, and the bond shall be payable to the county for the benefit of the council.
(6) When the directors of the council shall have been appointed and qualified, they shall meet in the City of Philadelphia after giving not less than ten (10) days' notice of the time and place of such meeting by registered mail, postage prepaid, that is directed to each member of the council at his or her regular address at the time of his or her qualification and posting bond. Such notice shall be given by the Board of Supervisors of Neshoba County, Mississippi. The notice of such meeting may be waived if all directors sign a written waiver of such notice. Any such waiver shall be attached to the minutes of the meeting.
(7) The directors shall elect from among themselves a chairman. The chairman of the council shall serve a term of not more than one (1) year, with the first election to be held at the first scheduled meeting after the directors are appointed, and subsequent elections shall be held annually thereafter. The person elected as chairman may serve consecutive terms. The council shall elect from its membership a vice chairman, secretary and treasurer. The offices of secretary and treasurer may be combined, if the council so elects. The council may promulgate and adopt bylaws governing its operations and procedures. Three (3) directors shall constitute a quorum for the transaction of any business of the council.
SECTION 2. The council shall be domiciled in the City of Philadelphia, Mississippi, and shall have the following powers:
(a) To exercise authority over matters related to establishing, promoting, developing and maintaining a museum within the City of Philadelphia (city) and/or Neshoba County (county);
(b) To acquire, either by purchase or donation, and/or to own, lease, furnish, equip, staff and operate any and all facilities and equipment necessary or useful in the promotion of the museum within the city and the county;
(c) To receive and expend revenues from any source;
(d) To own, lease or contract for any equipment or office space useful and necessary in the promotion of the museum;
(e) To sell, convey or otherwise dispose of all or any part of its property and assets in accordance with the general laws of the State of Mississippi providing for such disposal;
(f) To make all expenditures necessary to provide for the operation and maintenance of the museum that conform to the purchasing laws of the State of Mississippi; and
(g) To have and exercise all powers necessary or convenient to effect any and all of the purposes for which the council is organized.
SECTION 3. (1) For the purpose of providing funds for the operation and maintenance of a museum in the City of Philadelphia and Neshoba County, the governing authorities of the City of Philadelphia, Mississippi, and Neshoba County, Mississippi, are authorized, in their discretion, to contribute a sum not to exceed Twenty-five Thousand Dollars ($25,000.00) each for each fiscal year for the operation and maintenance of the museum. The contribution of the county and city, if any, shall be in equal amounts each fiscal year.
(2) The contributions, if any, by the county and city shall be made from the respective general fund revenues and no taxing authority is granted.
SECTION 4. (1) The council shall adopt annually a budget of receipts and expenditures. The first budget of receipts and expenditures shall be prepared and adopted by the council within thirty (30) days after the election of its first chairman and, upon approval by the Mayor and Board of Aldermen of the City of Philadelphia and the Board of Supervisors of Neshoba County, Mississippi, for review, and upon approval by both governmental entities, such budget shall constitute the budget of the council for that fiscal year.
(2) The council may borrow money to pay its operating obligations that cannot be paid at maturity out of current revenue from the contributions authorized in this act, but the amount so borrowed shall in no case exceed the estimated income of the council as shown by the budget adopted before that time, and the contributions of the council, as shown by the budget, shall be dedicated and set aside to the payment of indebtedness.
(3) The books of the council shall be audited annually by an independent certified public accountant who shall make a written report of the audit to the council and shall submit a copy of such report to the governing authorities of the City of Philadelphia, Neshoba County, Mississippi, and the State Department of Audit. Such audit shall be made and completed as soon as practicable after the close of the fiscal year and copies of the report of the audit shall be filed with the city, county and State Department of Audit within fifteen (15) days after receipt by the council.
SECTION 5. This act shall take effect and be in force from and after its passage.