2016 Mississippi Code
Title 65 - Highways, Bridges and Ferries
Chapter 33 - Sea Walls
§ 65-33-55. Additional counties authorized to borrow money and receive federal aid

MS Code § 65-33-55 (2016) What's This?

(1) In any county maintaining a sea wall or road protection structure under provisions of this chapter and having an assessed valuation of five million dollars or less, the board of supervisors may borrow funds not in excess of four hundred thousand dollars ($ 400,000.00), at a rate of interest not exceeding five per cent per annum, in addition to such sums as have heretofore been borrowed for the purpose of constructing, repairing, strengthening, or maintaining the road protection structure or sea wall of the county. Such board of supervisors shall have the authority to own a dredge boat and to use and operate it for the purpose of pumping a sand beach adjacent to such sea wall or road protection structure or for the maintenance thereof, and to pay for same out of any funds provided under this section. The funds or amount borrowed for the purposes provided in this section shall be repaid within a period of twenty years from the date borrowed, and shall be paid out of the funds collected under this chapter. All bonds, notes, or certificates of indebtedness maturing each year and the interest thereon, however, shall be first provided for and paid out of said funds. The loans authorized herein shall not be subject to other limitations, restrictions, or provisions of the general laws governing the borrowing of money, amounts of indebtedness, budget, and election; and said loans may be made by the board of supervisors of such county either by issuance of county bond, notes, or certificates of indebtedness which shall be full faith and credit obligations of the county issuing same and shall be payable, both as to principal and interest, from the same sources of revenue and taxes made available for the payment of road protection bonds under the provisions of this chapter. The money herein authorized to be borrowed by such board of supervisors may be borrowed from any person, firm, corporation, governmental lending agency, or from any sinking funds of such county; if the money be borrowed from any sinking fund, it shall be repaid before the sinking fund from which it is borrowed, when supplemented by funds paid into same, is needed. Before the board of supervisors shall borrow money under this section, it shall spread on its minutes an order reciting such intention, and shall call an election and submit the question of issuing bonds under this section to the qualified voters of such county in accordance with the present laws of issuing bonds. If a majority of the qualified electors voting in said election vote to issue said bonds, then the board of supervisors shall proceed to issue so much or such parts of said bonds not to exceed four hundred thousand dollars ($ 400,000.00).

(2) The board of supervisors is given full power and authority to do any and all things necessary in its opinion to obtain funds from the United States government by and under Public Law 727, 79th Congress, Chapter 960, 2nd Session, or under any other law, and in and about the solicitation and preparation of any application; and it may do any and all things necessary in the promotion of obtaining relief under this act of congress for such county, and it is further given authority to assure the United States government, the United States beach erosion board, and the United States army engineers the following:

(1) Assure maintenance of the sea wall and drainage facilities, and of the beach by artificial replenishment, during the useful life of these works, as may be required to serve their intended purpose;

(2) Provide, at the county's own expense, all necessary land, easements, and rights of way;

(3) To hold and save the United States free from all claims for damages that may arise either before, during, or after prosecution of the work;

(4) To prevent, by ordinance, any water pollution that would endanger the health of the bathers;

(5) To assume perpetual ownership of any beach construction and its administration for public use only.

The intent and purpose of this section is to give unto the respective boards of supervisors the full power and authority to carry out all of the provisions herein, and to act independently, jointly, or severally with the United States government by and under Public Law 727, 79th Congress, or other laws.

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