§ 65-1-141. Annual submission of three-year plan for maintenance, construction and relocation of highway system; determination of priorities for expenditure of funds

MS Code § 65-1-141 (2019) (N/A)
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(1)

(a) The Highway Commission shall annually have the Highway Department prepare a three-year plan for the maintenance, construction, reconstruction and relocation of the State Highway System. The plan shall include:

(i) For each interstate, primary, secondary and other highway or road system under the jurisdiction of the Highway Commission, a list and detailed description of those highways, or segments thereof, on the highway system which are determined to have the highest priority for maintenance and which can be maintained within the three-year period from funds available or estimated to be made available for such purpose;

(ii) For each interstate, primary, secondary and other highway or road system under the jurisdiction of the Highway Commission, a list and detailed description of those highways, or segments thereof, on the highway system which are determined to have the highest priority for construction, reconstruction or relocation and for which contracts can be let for construction, reconstruction or relocation within the three-year period from funds available or estimated to be available for such purpose;

(iii) The reasons for the priority assigned to highways, or segments thereof, pursuant to the criteria established in the following subsection (1)(b), and the annual cost and total estimated cost of completion for each such project; and

(iv) A synopsis of any analyses or studies considered by the commission to develop the criteria in determining priorities.

(b) The Highway Commission shall determine the criteria on which the Highway Department shall assign priority for maintenance, construction, reconstruction and relocation of highways, or segments thereof, on each highway or road system under its jurisdiction, taking into consideration all of the following criteria:

(i) Public necessity and public safety;

(ii) Present and future economic benefit and commercial value;

(iii) Present and future traffic census; and

(iv) Route continuity.

Additionally, the Highway Commission shall take into consideration conditions potentially hazardous to the public safety at points on highways having substantial truck traffic entering and leaving the highway. In setting priorities for construction, the department shall take into consideration the construction of turning lanes at such points on highways to facilitate the safe movement of traffic.

(c) To develop the criteria to be used in determining priorities, the State Highway Commission may conduct public hearings; shall conduct analyses or studies of highway needs, utilizing highway department personnel; and shall consider highway needs analyses or studies submitted to them by the University Research Center, which is hereby directed to develop such highway needs analyses or studies with respect to the criteria set forth in subsection (1)(b)(ii) above and to timely submit or present such analyses or studies to the State Highway Commission.

(2) All funds appropriated and made available to the State Highway Department from any source within the state for maintenance, construction, reconstruction and relocation of the state highway system shall be expended on order of the State Highway Commission according to the priorities herein set forth and without regard to the provisions of Sections 65-3-29 through 65-3-33. The commission shall spread upon its minutes, from time to time, the priority of roads for application of such funds, the specific reasons for each priority so assigned, and the source and amount of funds applied to each project.

(a) All interstate funds apportioned to the State Highway Commission under the Federal Aid Highway Act of 1956 shall be allocated on the basis of need to complete the interstate system of highways to provide for the maximum commercial benefit to the state.

(b) All primary road construction money shall be used in the priorities established pursuant to subsection (1)(b) hereof.

(c) The State Highway Department shall match all available federal money for highways.

(d) Federal aid primary system as constituted. Priority of use of these funds shall be determined by roads meeting most of the criteria receiving priority established pursuant to subsection (1)(b) hereof.

(e) Secondary road construction money shall be used with priorities established by roads meeting most of the following criteria receiving priority:

(i) Roads in the order of the relative use and importance of such highways, as may be determined by the present and future traffic censuses thereof, taking into consideration their present and future use, convenience, public necessity and public safety, the connecting of Mississippi towns, cities and population centers and the economic contribution to the state should a specific highway be improved, the recorded maintenance expense and their continuity as highways through the state.

(ii) Roads which carry the most traffic.

(iii) Roads which connect the federal aid primary or interstate system in a uniform manner.

(iv) Roads which serve the most commercial value.

(v) Roads which are arterial in nature.

(vi) Roads which connect the major rural communities with similar communities in adjoining counties.

(f) The State Highway Department shall when funds are available match all available federal money for highways.

(3) Projects eligible for reimbursement under the provisions of P.L. 97-424 shall be exempt from the requirements of subsection (1)(a) of this section, but the State Highway Commission shall expend funds available to it for such projects in the priorities established pursuant to subsection (1)(b) hereof.

(4) All highway construction, reconstruction and relocation shall be by contract, let on competitive bid in the manner provided by statute. On any one (1) reconstruction project the total cost of which does not exceed Two Hundred Thousand Dollars ($200,000.00), reconstruction may be accomplished by highway department labor, equipment or materials. Nothing herein shall be construed to affect maintenance and repair work done or to be done on existing roads. When new programs require the utilization of professional services, the Mississippi State Highway Department may contract with, engage, or retain available, competent firms actively offering such professional services as a primary source of livelihood. “Professional services” is defined as services normally performed on a fee basis or contract by engineers, architects, business management, administrative and consulting firms.