Balance Agriculture with Industry

              BALANCE AGRICULTURE
-With-

INDUSTRY
MISSISSIPPI -1944 -LAW
HOUSE RILL 176

-Issued

By -

WALKER WOOD,Secretary of State

Mississippi land produces abundantly every kind of staple and vegetable crop.

MEMBERS O F T H E BOARD O F DIRECTORS O F T H E MISSISSIPPI AGRICULTURAL AND INDUSTRIAL BOARD, JACKSON. MISSISSIPPI: Address of Board. Box 849, New Capital, Jackson, Mississippi GOVERNOR THOMAS L. BAILEY, Chairman Jso ...... LT. GOVERNOR FIELDING L. WRIGHT, Vice Chairman ...... Rolling Fork. J O H N T. KIMBALL, Director a n d Executive Officer................................ Jackson, Gloster, F. A. ANDERSON.................................................................................................... Jackson, S I CORLEY .................................................................................................................... S t a t e College, DR. W. F. HAND............................................................................................ J O H N C. HAY Jackson, BIRNEY IMES ........................................................................................................ Columbus SENATOR WILLIAM B. LUCAS ........................................................................ Macon, HARVEY L E E MORRISON .................................................................................... O k l o n a DR. WM. CLIFFORD MORSE ........................................................................ University, GEORGE PECARO ................................................................................................... Meridian, SENATOR STOKES SANDERS........................................................................... Kosciusko HENRY SARCENT ................................................................................................... Jackson, HON. WALTER S I L L E R S Rosedale, ufort, L. P. SWEATT................................................................................ ! HON. LITTLETON U P S H U R ............................................................................ Greenwood, HON. HUGH L. WHITE ........................................................................................ Columbia, . JOS. W. W H I T W E L L............................................................. ............................ Senatobia, ion L. A. WOLFE ................................................................................................................. T. D. DAVIS, Assistant Director Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi Mississippi

Mississippi has many advantages t o offer industries. Read this law carefully and write the Commission for further information.

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AN ACT recognizing Mississippi's necessity to protect its people by balanc-

ing agriculture with industry, declaring the state's public policy to that effect, authorizing the several counties, supervisors' districts and municipalities to acquire industrial enterprises, to issue bonds or other obligations therefor, to operate such industries, to dispose of them and to make contracts relative to such industries, to create the Mississippi agricultural and industrial board, to prescribe its duties, and to repeal chapter 147, laws of Mississippi of 1940.

Mississippi,

SECTION Be it e n a c t e d by t h e L e g i s l a t u r e of t h e State of 1. That there is hereby created the Mississippi agricultural and industrial board, hereinafter referred to as the "board" which shall exercise the powers and duties, and discharge the responsibilities enumerated herein. Said board shall consist of the governor, the lieutenant governor, the speaker of the house of representatives, two members from the state senate, two members from the state house of representatives to be ,appointed by the lieutenant governor and the speaker of the house, respectively, the commissioner of agriculture, the state chemist, the state geologist as exofficio members, and ten members from fhe state a t large to be selected and appointed by the governor, and who shall serve for a term of four years. The members of the board shall serve without pay except for actual traveling expenses when attending a meeting of the board. The governor shall designate one of the members selected and appointed by him from the state a t large, as the director and executive officer of the board. The board shall designate an executive committee to be composed of the governor, the director and executive officer, and three other members of the board to act for the board in all matters referred to said executive committee by the board. (a) The director shall be the executive officer of the board in the execution of any and all of the provisions of this act, and his salary shall be the sum of $6,000.00 per year. (b) The director shall, with the approval of the governor, select, employ and fix the salaries of such other professional, technical, clerical and other assistants a s may be required to carry out effectively the provisions of this act, and such employees shall be subject to dismissal by the director with the approval and sanction of the governor. (c) Seven (7) members of the board shall constitute a quorum for the transaction of any and all business of the board. The governor shall be the chairman of the board, and the board, or a quorum of the members thereof, shall select one (1) member of the board as its vice-chairman to preside a t meetings and otherwise to act as chairman of the board in the absence of the chairman.

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(d) The Board shall have an official seal, and all orders, findings, acts and certifications of the board shall be attested by such seal, and by the signatures of the chairman or vicechairman, and the secretary, and when so attested, all orders, acts, findings and certifications of the board shall be competent evidence and shall be given full faith and credit in any court or proceeding, and unless affirmatively shown to the contrary, i t shall be presumed that the proceedings of the board were in all things regular. The secretary to be named by the director, or in his absence, some person designated by the director t o act in his place shall keep regular and accurate minutes of the board's and the executive committee's proceedings in a minute book provided for that purpose, which shall be a public record, and all orders, findings and acts of the board and executive committee shall be entered upon its minutes. (e) The board is authorized and empowered to use and expend any funds from the state, federal or private sources coming into its hands for the purposes of this act. State funds appropriated for the board shall be expended in accordance wit& the regulations governing the expenditures of other state funds. Sec. 2. It shall be the duty of the board to prepare and perfect plans for the advertisement and development of the state in such manner and through such means as may be determined proper, and within such appropriations as shall be made for expenditure, by said board. Sec. 3. The board is hereby authorized to cooperate with the planning commission and development board, or other similar agencies of other states, and with county, municipal and regional planning commissions or other agencies thereof, for the purpose of securing coordinated, economic development within this state. Sec. 4. It shall be the duty of the board, and it is hereby authorized to prepare and execute a program of publicity and advertising that will bring into favorable notice the industrial, commercial, recreational, educational and social advantages, opportunities, possibilities, resources, farm and dairy products, and facilities of the state, and in the preparation and execution of such program the board may use any funds which may be appropriated or otherwise made available for the purpose of carrying out the provisions of this act. The board may erect, equip, maintain and operate a research laboratory for the purpose of finding new and additional uses for Mississippi products, and is authorized and empowered to receive, use and expend any funds from state, federal or private sources which may come into its hands for that purpose.

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Sec. 5. The provisions of this act shall not repeal or impair any law now in effect, except as herein specifically provided, but shall exist a s a separate, several, independent, additional and cumulative method for giving to the people of Mississippi the fulfillment of the public policy of encouraging the promotion of economic development, a s herein provided. Nor shall this act or any part thereof repeal any of the provisions of private or special municipal charters, nor affect, limit or restrict the right of any municipality, now operating under special charter to amend said charter pursuant to the provisions of section 2625, code of 1930, which section shall apply to this act. Sec. 6. That it is hereby declared that the state public welf a r e demands, and the state public policy requires: (a) That a balanced economic development of this state is essential. (b) That the reconversion from war time economy to peace time pursuits appear reasonably eminent, requiring a planning program for readjustment of employment t o accord with employment problems necessarily arising from changed conditions. (c) That the present and prospective health, safety, morals, pursuit of happiness, right to gainful employment and the general welfare of the citizens demand as a public purpose, the development within Mississippi of commercial, industrial, agricultural and manufacturing enterprises, herein called "enterprises" by the several counties, supervisors' districts and municipalities, and herein called "municipalities." (d) That the means and measures herein authorized to promote said enterprises are a s a matter of public policy, for the public purposes of the several counties, supervisors' districts, municipalities, and of the state of Mississippi. (e) That the present and prospective promotion of health, safety, morals, pursuit of happiness, right to gainful employment, and the general welfare of the state requires t h a t herein and hereby authorized, and to t h a t end will afford, ready and attractive markets for farm and garden products for the development of natural resources, and for the conversion of raw materials of farm, mine and forest into finished products for the general welfare of each of said municipalities, and of the entire people of the state.

( f ) That the accomplishment of the things herein authorized to be done by the several municipalities will give to them local benefits peculiar to each.
Sec. 7. That the board, in addition to the other things herein above required of it, shall hold regular meetings a t its office

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i n the city of Jackson a t least one day in every month, and at such other times and places as its duties may require, with express authority to adjourn from time to time, and place to place, ,and to convene special meetings by unanimous consent. The board may sit from day to day, and from time to time, with full power to recess and adjourn. Sec. 8. The board is charged with the duty of making effective the declared public policy of the state and municipalities a s herein above set forth, and for that purpose is hereby authorized and empowered to determine whether the public convenience and necessity require that any municipality shall have the right to acquire lands, and thereon to erect enterprises, and to operate them and to dispose of or rent, let or lease such lands and enterprises. Each municipality within this state shall have the right to apply to the board for a certificate of public convenience and necessity from the board a s to whether the general welfare requires that such municipality enter into a given enterprise. In determining whether such certificate shall be issued, the board may hold public hearings, or private hearings, make such investigations as may be desired, and shall have power to summon witnesses, administer oaths, hear testimony and make a-record of all things had and done a t such hearing o r investigation, and to order issued such certificates of convenience and necessity as to the board may seem advisable. Sec. 9. The board shall investigate, find and determine upon application of ,any municipality therefor, a s to whether a certificate of public convenience and necessity shall be issued to such municipality to engage in any of the enterprises deemed essential under the above declared public policy for the economic development and advancement of said municipality, and in considering and determining whether or not such certificate shall issue, the board shall find and determine affirmatively the following :

(1) That there are sufficient natural economically available for the operation terprise for a t least ten years, but in no period of time for which any bonds may ing or constructing said enterprise.

resources readily and of the particular enevent less than the be issued for acquir-

(2) That there is available a labor supply to furnish a t least one and one-half workers between the ages of eighteen and fifty f o r each operative job in said enterprise within a n area of twenty-five miles from the proposed location.

(3) That there are adequate property values and suitable financial conditions so that the total bonded indebtedness of the municipality, solely for the purposes authorized by this act,

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shall not exceed twenty per cent of the total assessed valuation of all the property in the municipality. When the board shall have determined said facts favorably, it is authorized and empowered, having due regard to the promotion of the public policy and the general welfare herein declared, to issue or refuse to issue a certificate of public convenience and necessity to said municipality to engage in said enterprise. If and when such certificate is issued, i t shall authorize the particular municipality to acquire, to own, to operate, to sell, to convey, to let, to lease or to rent the particular enterprise found suited to the general welfare of t h a t municipality but said certificate shall expire in twelve (12) months from its date unless within said time such enterprise shall have been established, subject, however, to any delays necessiated by any legislation or acts of God, delaying the establishment of said enterprise. Provided, however, t h a t in no event shall the commission authorize any municipality actually to operate any such enterprise, unless said commission shall further find and determine that said enterprise is well conceived, has a reasonable prospect of success, will provide proper economic development and employment, and will add materially to the general welfare of the municipality, and will not become a burden upon the taxpayers of the municipality. If and when said certificate is issued, the board therein shall fix and determine; (1) the extent and the amount to which the municipality may issue bonds or make expenditures for such enterprise; (2) what property may be acquired therefor; (3) the terms upon which such acquisition may be had, and; (4) what expenditures may be made, and the construction of buildings, and of equipment with its installation, and; (5) the method of operation of said enterprise by said municipality. If the governing board of the municipality fails or refuses to follow the requirements made by the board in said certificate, then the members of the governing board of the municipality voting for such failure or refusal shall be individually and personally liable, and liable upon their official bonds for any loss that the municipality may sustain by reason of such failure or refusal to follow said requirements, and in addition may be compelled by injunction to comply with such requirements. The board is hereby authorized and empowered to adopt and put into effect all reasonable rules and regulations that it may deem necessary to carry out the provisions of this act, not inconsistent herewith. Sec. 10. The governing board of any municipality desiring t o enter into the plan herein authorized, after receiving a certificate of public convenience and necessity from the board, a s pro-

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vided by this act, by resolution spread upon its minutes, shalI declare its intention of entering into such plan, and shall call a n election to be held in the manner now provided by law for holding county or municipal elections, and shall fix in such resolution a date upon which such a n election shall be held in said municipality, of which not less than three (3) weeks' notice shall be given by the clerk of said board, by a notice in a newspaper published in said municipality once each week for three (3) consecutive weeks preceding the same, or if no newspaper is published in said municipality then by posting a notice for three ( 3 ) weeks preceding said election a t three (3) public places in said municipality. At such election all qualified electors of the municipality may vote, and the ballots used shall have printed thereon a brief statement of the purpose of said board to enter into the plan hereby authorized and to issue bonds therefor or to expend other municipal funds available together with the words "For the Proposed Enterprise" and the words "Against the Proposed Enterprise" and the voter shall vote by placing a n cross ( X ) opposite his choice of the proposition. Should the election provided for herein result in favor of the proposed plan and bond issue or expenditure by a t least two-thirds of those voting in favor of said plan, provided, however, the total number of votes cast in the election shall be a majority of the electors of the territory included in the proposal ; the governing board may proceed to exercise the authority granted under the provisions of this act within one (1) year after the date of such election or within one (1) year after final, favorable determination of any litigation affecting said industrial plan or bond issue. If such election results unfavorably to the proposition, then no second or other election shall be ordered or held until the board shall determine t h a t such election may be held. Where the separate supervisors' district or districts of a county indicate a desire to enter into the plan herein authorized, but not to affect the remainder of the county, then the board of supervisors shall direct the holding of said election only in the supervisors' district or districts affected, and the board of supervisors is hereby authorized to carry out the provisions of this act f o r such separate supervisors' district or districts. I n the event the proposal to be voted on a t the election required by this act includes bonds to be issued covering a supervisors' district or districts, but not the entire county, includes a town or city of a population of more than five hundred, as well a s territory outside the corporate limits of such town or city and the proposed enterprise is to be located in such town or city of within one mile of the corporate limits thereof, the qualified electors voting in the election residing outside the corporate'limits of the town or city shall vote separately from those residing in such town or city.

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All qualified electors shall vote a t their usual voting places and in event the usual voting place of electors residing outside the corporate limits of such town or city is in such town or city, such elector shall vote in a separate ballot box provided for the purpose, and the officers holding the election shall make separate returns of the results of the vote of those residing within the town or city and those residing outside such town or city. Unless two-thirds of the qualified electors residing in such town or city voting in the election and two-thirds of the qualified electors residing outside such town or city voting in such election shall vote for the proposed bond issue, computed and declared separately, the proposed bond issue shall be declared a s disapproved. It shall be the duty of the county election commissioners to provide necessary ballot boxes, separate voting lists containing the names of electors residing within and without the corporate limits of town and cities when such is required by the proposal submitted, and records for the conduct of the election in accordance with the requirements of this section. And in event the proposal to be voted on a t the election required by this act includes bonds to be issued covering the entire county and the proposed industry is to be located in a town or city, or within one mile of the corporate limits thereof, the qualified electors voting in the election residing outside the corporate limits of said city or town, and whose regular voting place is within the corporate limits of said city or town, shall vote separately from those residing in such city or town, in separate ballot boxes to be provided for such purposes, and the votes so cast shall be counted separately. A t said election unless two-thirds of the qualified electors voting in the election and residing within the corporate limits of the city or town in which the proposed enterprise is to be located, or the town or city within one mile of the proposed location of the enterprise shall vote for the proposed bond issue, and two-thirds of all of the other qualified electors of the county voting in said election, shall vote for the proposed bond issue, computed and declared separately, the proposed bond issue shall be declared a s disapproved. All qualified electors voting in such election shall vote a t their usual voting precincts, and the county election commissioners shall provide necessary boxes, separate voting lists containing the names of electors residing within and without the corporate limits of the town or city wherein such enterprise is proposed to be located, or such town or city within one mile of the proposed location of the enterprise, and records f o r the conduct of the election in accordance with the requirements of this section. Sec. 1 . Before any bonds shall be issued under this act by 1 any municipality, or any contract shall be made to dispose of

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any public property hereunder acquired, the same must be approved in its entirety by said board which shall enter such approval on its minutes, but such approval shall not in any way render the state of Mississippi liable. Sec. 12. That the several municipalities of this state, including counties, supervisors' districts, cities, town or villages, whether exisiting under special charters or otherwise, hereinabove called "municipalities", from and after the effective date of this act, be and each of them is hereby authorized and empowered to make effective the provisions herein contained, for the general welfare of the state and of the several municipalities thereof. When and after such municipality shall have obtained therefor a certificate of public convenience and necessity, under the provisions of this act, then i t may acquire land by purchase, gift, eminent domain or otherwise for any such enterprise so thus approved, and may directly or by contract, such contract to be entered into and governed a s now provided by law f o r other public contracts entered into by boards of supervisors, erect such buildings and structures as may be essential for such enterprise, may obtain for such enterprise the requisite appliances and equipment, and may operate such enterprise. The power thus to do is hereby generally conferred upon all such municipalities, and shall be in addition to all other powers now possessed without in any wise limiting or circumbscribing them. Sec. 13. That said municapility, having been authorized b y the board, a s herein provided, may expend, for acquiring and operating such municipal enterprise, under rules and regulations adopted by the commission, any funds of the municipality them on hand or available and not already appropriated or necessary for other municipal purposes. Said municipality, after the terms and conditions have been fixed by said commission and with its approval, is hereby authorized from and after the effective date of this act, to issue bonds of such municipality f o r the purpose of effectuating the provisions of this act and promoting thereby the public policy of this state in bringing about the general welfare of its people. When, if and to the extent that said bond issue shall be approved by said board, then the same may be authorized by the governing authority of said municipality, and to secure said bond issue, said municipality may mortgage or pledge said property used and useful for said industrial enterprise, and the income therefrom, and confer upon the holders of said bonds the rights of a first mortgage bondholder. Said bond issue shall be first approved by said board, and thereafter shall be authorized by resolution or ordinance of the governing board of the municipality in such form and with such provisions, terms, and conditions a s may be fixed in said resolution or ordinance not inconsistent with the provisions of this act. Present limitations on the amount of other bonds

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t h a t may be issued by such municipality shall not apply to bonds issued hereunder other than a s herein otherwise provided. All such bonds shall be lithographed or engraved, and printed i n two or more colors to prevent counterfeiting, and shall be in sums not less than one hundred dollars nor more than one thousand dollars each, and shall be numbered in a regular series from one upward, be signed, by the president of the board of supervistors and countersigned by the Clerk of said board; or by t h e mayor and countersigned by the clerk of the municipality, and either of such clerks shall impress the county or municipal seal, a s the case may be, upon each bond as i t is issued. Every such bond shall specify on its face the purpose for which i t was issued, the total amount authorized to be issued, and each shall be made payable to bearer, and on request of any holder of said bonds the same may be registered a s to principal by the clerk of the issuing board. The governing authorities shall annually levy a tax, or shall otherwise provide funds sufficient, for paying interest on such bonds and the bonds maturing within one year and shall provide a sinking fund for the redemption of the bonds issued. Said bonds shall be issued maturing ,annually with all maturities not longer than twenty-five (25) years with not less than one-fiftieth of the total issue to mature each year during the first five years of the life of said bonds, and not less than one twenty-fifth of said total issue to mature annually during the succeeding ten year period of the life of said bonds, and the remainder to be divided into approximately equal payments, one payment to mature during each year for the remaining life of the bonds. Said bonds shall not bear a greater rate of interest th,an four percent (4%) per annum, payable annually or semiannually, the denomination, form and place of payment to be fixed in the authorization thereof, and for the payment thereof the good name, faith and credit of the said municipality shall be pledged and a tax levied on all taxable property in the municipality, adequate to pay principal and interest on such bonds a s the same fall due. Proceeds of said bonds shall be placed in the municipal treasury as a special fund and shall be used for no other purpose than the purpose set forth in the original resolution, and any officer diverting or assisting to divert any such fund to any other purpose than the purpose originally set forth in said resolution of the governing authority of said municipality shall be guilty of a misdemeanor, shall be punished according, and shall also be liable both personally and on his official bond for such diversion, together with the costs of collection and reasonable attorney's fees; and the attorney general is authorized to proceed by action for injunction or mandamus to require compliance with said original resolution by any officer or municipal board. Sec. 14. Any municipality having surplus sinking funds under the provisions of this act may, in the discretion of the

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governing board of said municipality, invest said sinking funds. by purchasing bonds of any county or municipality of this state, bonds of the state of Mississippi, or bonds issued by authority of the United States government; except drainage district bonds. Provided, however, that the bonds so purchased shall mature prior to the time when the bonds payable out of the sinking fund hereunder shall fall due. Sec. 15. When the board authorizes any municipality to issue bonds under the provisions of this act, the board shall find and determine the total amount of bonds to be issued. I t shall fix the maturity dates of said bonds consistent with the provisions of this act. I t shall determine the amount of taxes necessary to be levied and collected annually to retire the bonds and pay interest coupons and to create a sinking fund for the payment of said bonds and interest so that the annual tax levy shall be uniform throughout the period for which the bonds are issued. I t shall require the municipality to report annually to the board payments made on said bonds and on interest, with the dates of payments, and to report the amount passed to the sinking fund, together with a list and amount of the bonds remaining outstanding for purposes of this act, and a failure so to do shall make the members of the governing board guilty of a misdemeanor and punishable accordingly. All of said reports shall be permanent public records of the commission. Sec. 16. Any municipality may use any sinking fund, reserve fund, or surplus fund to purchase ,any bond hereunder issued, and shall cancel and retire the same when, in the judgment of the governing authorities of such municipality, the interest of such municipality will be subserved thereby. Any surplus income from said enterprise arising through its operation or from its disposition, accruing to the municipality over and above the amount necessary to pay for repairs, replacements, bonds herein authorized which may be issued and interest thereon, may be applied by the governing board of the municipality upon any of the other outstanding debts or obligations of the municipality. Sec. 17. I n the case any municipality shall have initiated any such industry, and thereafter said municipality lacks the requisite funds for completion by reason of emergency which was wholly unforeseen, then upon the approval of the commission, upon the same terms and conditions as herein set forth, additional bonds may be authorized. Sec. 18. All bonds issued pursuant to this act and all interest thereon or income therefrom shall be exempt from all taxation except gift and inheritance taxes. Necessary taxes levied and collected for the payment of these bonds and interest thereon shall not be considered or accounted in any limitation on the

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powers of the municipality to tax except as otherwise herein provided. Said bonds shall be sold by the governing authority of t h e municipality a t not less than par and accrued interest a t public sale held after notice of such sale published at least one time a t least five days before such sale in a newspaper of general circulation in the municipality. Sec. 19. That the several municipalities when and to the extent authorized by said board pursuant hereto, are hereby authorized and empowered, if they so desire, by and through their governing board, to sell, lease or otherwise dispose of such enterprise or enterprises, in whole or in part, on such terms and conditions and with such safeguards a s will best promote and protect the public interest, and are authorized, acting with the approval of said board by and through their respective governing boards, to transfer title or possession to said industry orto any property utilized therein, by warranty deed, lease, bill of sale, contract or other customary business instrument, in the same manner and to the same extent, when so thus authorized by said board, that any private corporation, association or person may now contract, with reference t o such property of a similar nature, provided that such disposition shall not be made. except by the affirmative vote of at least two-thirds of the members elected to the governing body of such municipality, and all votes shall be of record. All income from any lease or contract for the operation or from the disposition of said indutsrial enterprise shall be paid into the bond sinking fund provided for the bonds issued under the provisions of this act for the retirement of said bonds and the interest thereon, and such income or proceeds shall not be used by the municipality for any other purpose except a s to disposition of surplus income authorized above, and shall be subject to all of the provisions hereof relative to said sinking fund. Sec. 20. That all enterprises acquired, constructed or owned by any of said municipalities under the provisions of this ,act a r e declared the public property of each of said municipalities, and as such, shall not be subject to taxation. Sec. 21. Any port commission or authority created by law, operating in any county or municipality of this state is authorized and empowered to assist and cooperate with such county or. municipality to effectuate the purposes of this act. That chapter 147, laws of 1940, be and i t is hereby repealed. Sec. 22. That if any section, paragraph, clause or sentence of' this act be declared to be unconstitutional by any court of com-

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petent jurisdiction, such adjudication shall not in any wise affect the other provisions of this act, but the same shall remain i n full force and effect. Sec. 23. That this act shall take effect on and after July l s t , 1944. Approved March 30, 1944.

Cattle raising and dairying are among Mississippi's leading industries.

lblississippi's latest step forward i s oil production. There are now approximately 480 ~ r o d u e i n gwells and new wells are brought in every week. The production last year was 16,420,938 barrels. Production since 1930-approximately 84 million barrels.