Mississippi § 59-7-103 - Port fund; procedure for bringing county within provisions of article.

§ 59-7-103. Port fund; procedure for bringing county within provisions of article.

In order to provide for the improvement, promotion, development, construction, maintenance and operation of harbors or ports in counties having or hereafter providing harbors or ports where wharf or terminal or other facilities exist for the handling of inbound or outbound waterborne cargo moving in interstate or foreign commerce and where there is maintained a channel, harbor or port with a depth of not less than nine (9) feet, there shall be and there is hereby created in each such county electing to exercise the provisions of this article a special fund to be known as the “port fund,” into which payments shall be made as follows: The tax collector of each such county electing to come under this article shall deduct from all state ad valorem taxes collected by him a sum equal to the avails of a levy of two (2) mills on the dollar of the assessed valuation of taxable property within such county upon which state ad valorem taxes are levied and collected. The amount so deducted shall be set aside by the tax collector and shall by him be paid into the said port fund of such county. Such payments shall be continued as long as there remains unpaid and outstanding any bonded indebtedness created by the board of supervisors of such county as hereinafter provided. The board of supervisors of each such county electing to exercise the provisions of this article shall pay or cause to be paid into the aforesaid port fund a sum equal to one-fourth (1/4) of the sum paid into said fund under subsection (a) above and such payments shall be continued as long as there remains unpaid and outstanding any bonded indebtedness created by such board of supervisors as hereinafter provided. Any such board of supervisors shall provide the sum herein required either by appropriation from any available funds of the county or by the levy, in addition to all other county taxes, of a tax of not more than two (2) mills on the dollar of the assessed valuation of taxable property within such county upon which taxes for the general county fund are levied and collected. In case of a special tax levy as herein authorized, the tax collector of each such county shall set aside the avails of such levy and shall pay the same directly into the port fund of such county. The port commission hereinafter provided for shall pay into the port fund all of the revenues of whatsoever nature which may be derived from or through the use of the harbor, port, wharf or terminal facilities under its jurisdiction as hereinafter provided. In order to come within the provisions of this article, the board of supervisors of any such county shall, by appropriate resolution spread upon its minutes, declare its intention so to do and shall annually provide for the necessary matching county funds. A certified copy of such resolution shall be filed with the tax collector of such county and shall constitute his authority to set aside the taxes hereinabove referred to and to pay the same into the aforesaid port fund. Provided further, that any county in the State of Mississippi through which a river or other stream flows, and which stream is classed as navigable and maintained as such by any agency of the federal government, and wherein harbors, wharves, ports, terminals or other facilities exist or are proposed or established hereafter for the handling of inbound or outbound waterborne cargo moving in interstate or foreign commerce, and where there is maintained a channel, harbor or port of such depth necessary for said purposes, then in such event such county may come under the provisions of this article if and when its application to come under the provisions of this article is approved by the Mississippi Board of Economic Development, which board shall adjudicate and determine the feasibility of said project so applied for and whether or not it is economically feasible. Certified copies of the order of said board shall be filed with the auditor of public accounts and the tax collector of such county affected.