MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources; Ways and Means

By: Representative Ellington

AN ACT CODIFYING SECTION 51-11-8, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY MEMBER COUNTY TO WITHDRAW FROM THE PEARL RIVER BASIN DEVELOPMENT DISTRICT; TO REQUIRE A WITHDRAWING COUNTY TO PAY ITS PORTION OF BONDS, CONTRACTUAL OBLIGATIONS, OTHER INDEBTEDNESS AND LIABILITIES AND BUDGETED EXPENSES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 51-11-8, Mississippi Code of 1972:

51-11-8. Beginning July 1, 2000, the board of supervisors of any county that is included in the Pearl River Basin Development District may elect to withdraw that county from the district by notifying the district in writing before March 15 of the fiscal year preceding the fiscal year in which the county proposes to withdraw. The withdrawing county shall be responsible for paying its portion of any district bonds, contractual obligations, and any other indebtedness and liabilities of the district that are outstanding on the date of the county's withdrawal from the district and the withdrawing county's portion of budgeted expenditures of the current fiscal year of the district. The withdrawing county's portion of the liabilities, obligations and indebtedness shall be determined through an independent audit conducted by a certified public accountant mutually agreed upon between the withdrawing county and the district. The board of supervisors of the withdrawing county shall provide the sum that is required by this section either by appropriation from any available funds of the county or by levy. The board of supervisors may borrow funds as needed to satisfy the withdrawing county's portion of the liabilities, obligations, indebtedness and expenses of the district as required by this section. Upon withdrawal of any county, the district, in its sole discretion, may continue to own and provide for the operation of any facility located in the withdrawing county, cease operation of the facility, or sell the facility as provided for in this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.