Public Improvement District Act
Mississippi · Counties and County Officers · §§ 19-31-1 to 19-31-9 · 26 sections
Overview
The Public Improvement District Act authorizes the creation of special-purpose local districts that finance and construct public infrastructure and improvements within a defined area, typically at the request of property owners and subject to approval by the municipality or county in which the district lies. It sets out a formation process running from an application and a resolution of intention through notice, a public hearing on objections, an order forming the district, and in some circumstances an election, and it establishes a board of directors that governs the district under open-meetings and public-records requirements, with governance eventually returning to the local governing body. The act also supplies the district's financing tools — special levies, district taxes, general obligation bonds, and revenue bonds backed by fees and charges — along with annual budgeting and certification duties, disclosure obligations to purchasers of property within the district, debt limitations, and procedures for changing boundaries or dissolving the district.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 5 court decisions.
Most-cited authority: 741 F.3d 651 - Credit Union Liquidity Services, L.L.C. v. Green Hills Development Co.
Sections covered
- Miss. Code Ann. § 19-31-1Short title3 cites
- Miss. Code Ann. § 19-31-11District manager; powers and duties; compensation; treasurer; district funds; audit; depository for district funds
- Miss. Code Ann. § 19-31-13Compliance with county budget law; submission of proposed annual budget 60 days prior to adoption
- Miss. Code Ann. § 19-31-15Full disclosure of information relating to public financing and maintenance of improvements
- Miss. Code Ann. § 19-31-17Powers of district
- Miss. Code Ann. § 19-31-19Special powers relating to public improvements and community facilities
- Miss. Code Ann. § 19-31-21Public hearing and determination of public interest required before district may purchase, sell, dedicate, donate or convey in any manner, or enter into management contract for public wastewater utility
- Miss. Code Ann. § 19-31-23District authorized to issue bonds, notes, and other evidences of debt; public hearing before issuing bonds or entering into contribution agreement with public entity; notice; investment of monies not immediately needed
- Miss. Code Ann. § 19-31-25Pledge made by district valid and binding; recording or filing not required for perfection of lien or security interest in pledged property
- Miss. Code Ann. § 19-31-27Creation and operation of district a public and governmental purpose; district exempt from state and local taxes
- Miss. Code Ann. § 19-31-29Bonds
- Miss. Code Ann. § 19-31-3Legislative findings
- Miss. Code Ann. § 19-31-31Authorization for certain persons to use certain funds for purchase of district-issued obligations
- Miss. Code Ann. § 19-31-33Benefit special assessments; maintenance special assessments; levy, collection and enforcement; compensation of tax assessor and collector; installments; prepayment of benefit special assessments1 cite
- Miss. Code Ann. § 19-31-35Enforcement of liens
- Miss. Code Ann. § 19-31-37Compliance with public purchasing provisions of Title 31, Chapter 7
- Miss. Code Ann. § 19-31-39Establishment and collection of rates, fees, rentals, or other charges for use of district facilities and services; public hearing; notice
- Miss. Code Ann. § 19-31-41Nonpayment, delinquency charges, and discontinuance of service
- Miss. Code Ann. § 19-31-43Change in district boundaries; termination or dissolution of district
- Miss. Code Ann. § 19-31-45Disclosure statement in contracts and instruments of conveyance of parcels of real property
- Miss. Code Ann. § 19-31-47Notice of establishment of public improvement district
- Miss. Code Ann. § 19-31-49Chapter to be liberally construed
- Miss. Code Ann. § 19-31-5Definitions1 cite
- Miss. Code Ann. § 19-31-51Certificate of public convenience and necessity
- Miss. Code Ann. § 19-31-7Establishment of public improvement districts; by local ordinance granting petition; public hearing; contents of ordinance; contribution agreements
- Miss. Code Ann. § 19-31-9Board of directors; membership, terms, election, voting by proxy; oath of office; filling of vacancy; quorum; officers; minutes; compensation
Enacted in other states
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