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1990 Mississippi Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagms0009 and id is 1 raw text is: STATE OF MISSISSIPPI MIKE MOORE OFFICE OF THE ATTORNEY GENERAL ATTORNEY GENERAL OFFICIAL ATTORNEY GENERAL'S OPINION July 11, 1990 John W. Dulaney, Jr., Esquire Dulaney & Dulaney P. 0. Box 188 Tunica, Mississippi 38676 Re: Levy of Special tax for school district loan from EPA for asbestos removal Dear Mr. Dulaney: Attorney General Mike Moore has received your letter of May 23, 1990, on behalf of the Board of Education of the Tunica County School District and has referred it to me for research and reply. Your letter states: The Tunica County School District has recently received a grant and interest free loan from the United States Environmental Protection Agency for the removal of asbestos from the schools of this district. This loan is for a period of 18 years and we would like to levy a special tax for the payment of promissory note executed to evidence tnis loan. Our question is whether such a special tax would be outside of the 7% annual tax increase cap. In this connection, we have examined Section 37-59-23 which permits the Board of Supervisors to levy a special tax for the payment of bonds and we did not know whether the promissory note given to evidence this EPA loan would be classified as a bond. We have also looked at Section 37-7-302 which seems to authorize the issuance of notes for asbestos removal as well as the School Asbestos Hazard Elimination Act beginning at Section 37-137-1 of the Mississippi Code of 1972 as amended. None of these statutes seem to tell us whether we can levy a special tax for the payment of OFFICE OF THE ATTORNEY GENERAL STATE OF MiSSISSIPPI

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