MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Local and Private
By: Senator(s) England
AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF GAUTIER, MISSISSIPPI, TO ENTER INTO A PUBLIC AND PRIVATE PARTNERSHIP WITH UNLIMITED PLAY, INC. FOR THE CONSTRUCTION OF AN INCLUSION PLAYGROUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following terms shall have the following meanings unless a different meeting is clearly indicated by the context in which they are used:
(a) "City" means the City of Gautier, Mississippi.
(b) "Unlimited Play" means Unlimited Play, Inc., a nonprofit 501(c)(3) entity organized under the laws of the State of Missouri which builds universally accessible playgrounds to promote health and wellness by providing the freedom of play for all children and families.
(c) "Governing authorities" means the mayor and council members of the city.
(d) "Inclusion playground" means a playground which allows participants to play and interact with children of all levels and abilities.
(e) "The property" means certain real property owned by the city in the Town Commons Park.
(2) The governing authorities of the City of Gautier, Mississippi, are authorized and empowered to enter into a public and private partnership with Unlimited Play, Inc., to construct an inclusion playground on real property owned by the city within the Town Commons Park.
SECTION 2. (1) The governing authorities of the City of Gautier, Mississippi, are authorized and empowered to partner with and contribute municipal funds to Unlimited Play, Inc., for the design and construction of an inclusion park on the property, after the completion of which Unlimited Play, Inc., shall donate the inclusion playground to the city.
(2) At no time during the partnership shall the design or construction of the inclusion playground be deemed a "public construction" under state law, nor shall the design or construction of the inclusion playground be subject to the constraints of Section 31-7-13 et seq.
SECTION 3. This act shall be construed as providing full and complete authority for the exercise of the powers granted under this act and shall not be held in derogation of any existing law of this state but shall be considered additional, supplemental and alternative to any other authority granted by law.
SECTION 4. This act shall take effect and be in force from and after its passage.